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Vol 23 No 5 May/June 2018

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Intellectual Property Rights, External Effects and Anti-trust Law: Leveraging IPRs in the Communications Industry

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ISBN13: 9780199254286
ISBN: 0199254281
Published: February 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £115.00

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The interplay between intellectual property protection and antitrust rules in the communications industry is examined in this timely book, with particular focus upon the role of externalities in that interplay. There is substantial discussion of the innovation process and of how companies leverage their intellectual property rights in order to obtain market leadership. Particular emphasis is also placed upon how legal doctrines have developed to cope with these issues, and related economic analysis is also discussed.

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Competition Law, Intellectual Property Law
1. Introduction
2. How the tension between intellectual property protection and antitrust laws is balanced
2.1 Introduction
2.2 Supremacy of antitrust laws
2.3 Supremacy of intellectual property laws
2.4 Theory based on the scope of exclusive rights
2.5 Intellectual property rights as property
2.6 Cost-benefit theories
3. External effects and balancing theories
3.1 Introduction
3.2 Balance between intellectual property rights, competition and external effects in network-based value chain
4. External effects theory applied
4.1 Relevance of addressee/impact combination
4.2 Relevance of chosen action
4.3 Intellectual property and effects of technical design
4.4 Relevance of totality of circumstances
5. Fragmentation problem
5.1 Fragmentation and success of new products
5.2 Fragmentation problem introduced
5.3 The problem of anticommons in the communications industry
6. External effects of intellectual property rights in technology adoption
6.1 Tipping of scale
6.2 Technology adoption re-examined: standardization
7. Conclusions