Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US

Image not available lge

ISBN13: 9781849463065
Published: June 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardcover
Price: £85.00



Low stock.

Also available as
£70.82
+ £14.17 VAT

For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg.

Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolization (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP.

Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.

Series: Hart Studies in Competition Law

Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039
To be published February 2018
Hart Publishing
£60.00
The EU's Antitrust Alternative ISBN 9781509910670
To be published April 2017
Hart Publishing
£55.00
The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published September 2016
Hart Publishing
£70.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published July 2016
Hart Publishing
£36.99
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published July 2016
Hart Publishing
£24.99
£70.82 + £14.17 VAT
(ePub)
Buy
£62.49 + £12.50 VAT
(ePub)
Buy
Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
Hart Publishing
£78.00
£79.16 + £15.83 VAT
(ePub)
Buy
Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
Published May 2015
Hart Publishing
£95.00
£49.99 + £10.00 VAT
(ePub)
Buy
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
Hart Publishing
£50.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
Hart Publishing
£75.00
Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
Hart Publishing
£30.82 + £6.17 VAT
(ePub)
Buy
European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
Hart Publishing
£70.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
Hart Publishing
£58.00
Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
Hart Publishing
£79.16 + £15.83 VAT
(ePub)
Buy
Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
Hart Publishing
£110.00
Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
Hart Publishing
£80.00
Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
Buy
Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
Hart Publishing
£53.00
State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
Hart Publishing
£55.00
£70.82 + £14.17 VAT
(ePub)
Buy