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Vol 21 No 11 Nov/Dec 2016

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Competition Law and Intellectual Property: A European Perspective


ISBN13: 9789041134479
Published: April 2012
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardcover
Price: £104.00



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This book focuses on the convergent roles of competition law and regulation of IPRs in the context of the European Single Market.

The perspectives of the expert authors – judges, academics, and lawyers who gathered in Rome in 2009 for the Annual Conference of the Association of European Competition Law Judges – disentangle and efficiently recombine the diverse threads woven into this complex pattern: the rapidly evolving technical environment, the decentralization process inherent in the ‘Community acquis’, and the lack of a single effective European jurisdiction for IPRs.

Particular attention is paid to the latter, with its additional and unnecessary costs of enforcement through duplicate efforts, and divergent outcomes in multiple litigations in national jurisdictions, making litigation strategies an exercise in forum shopping and inducing delay strategies. Among the issues examined are the following:-

  • the standard-setting process;
  • access to effective interoperability of high-tech systems;
  • sector-specific issues of technological development (e.g., the pharmaceutical sector);
  • actions for damages in the private enforcement context;
  • the Commission’s practice of clearing mergers and introducing remedies regarding IPRs;
  • block exemption regulations;
  • the interdependence of public investment, state aid rules, and risk of cartels;
  • trading platforms enabling financial investments for patent pools and innovation brokering;
  • the European Patent system;
  • relevance of user and consumer rights regulation and public service obligations; and
  • interpretation of substantive patent law in actions under the IP Enforcement Directive.

As a detailed analysis and clarification of one crucial way – that of intellectual property rights regulation – in which the concepts and principles of competition law are internalized through mechanisms for the gradual opening up of markets, this book clears new ground for steps forward in an essential area for EU growth and development. It will be of great value to lawyers, academics, and policymakers in both fields.

Subjects:
Competition Law, Intellectual Property Law
Contents:
Preface Acknowledgements Part I Comprehensive Overview.
Chapter 1 Competition and Regulation of Intellectual Property Rights for the Achievement and Functioning of the Internal Market. Giandonato Caggiano.
Chapter 2 The Bride and the Groom. On the Intersection between Intellectual Property and Antitrust Law. Gustavo Ghidini.
Chapter 3 Intellectual Property Rights and Merger Control: How to Secure Incentives to Innovate in the Long Run. Andreas Heinemann.
Chapter 4 Oligopoly and the Prisoners’ Dilemma: How About Intellectual Property Rights? Mario Franzosi. Part II IPRs and Standardization.
Chapter 5 Standards under EU Competition Law: The Open Issues. Ginevra Bruzzone & Marco Boccaccio.
Chapter 6 The Interplay between Standardization, IPR and Competition Law. Ian S. Forrester, QC.
Chapter 7 Case Note: Some Thoughts on the Rambus Case – Patent Ambush on Two Sides of the Ocean. Cristoforo Osti.
Chapter 8 Group Innovation and Patent Pools: The Role of the Courts – The Balance between Competitiveand Anticompetitive Effects. Gabriella Muscolo. Part III Sector-Specific Issues.
Chapter 9 Negotiated Foreclosure and IPRs: Recent Developments. Pier Luigi Parcu & Maria Alessandra Rossi.
Chapter 10 The EU Pharmaceutical Sector Inquiry. New Forms of Abuse and Article 102 TFEU. Mario Siragusa.
Chapter 11 Industrial Property and Abuse of Dominant Position in the Pharmaceutical Market: Some Thoughts on the AstraZeneca Judgment of the EU General Court. Ilaria Ottaviano.
Chapter 12 Competition Law and Copyright: Observations from the World of Collecting Societies. Ingo Brinker.
Chapter 13 New Levels of Protection for Shapes: A Consideration of Three-Dimensional Trademarks and Registered Models. Lamberto Liuzzo. Part IV General Competition Issues Relevant to the Subject Matter.
Chapter 14 Single-Firm Conduct: A Discipline in Search of Itself. Roberto Pardolesi.
Chapter 15 Estimating Damages to Competitors from Exclusionary Practices in Europe: A Review of the Main Issues in the Light of National Courts’ Experience. Luigi Prosperetti.
Chapter 16 Intellectual Property and Refusal to Deal: ‘Ad Hoc’ versus ‘Categorical’ Balancing. Francesco Denozza. Part V Comparative Law Perspectives.
Chapter 17 Exercise of Patent Rights under Japanese Anti-monopoly Prevention Law: A Comparative Law Perspective. Toshiko Takenaka.
Chapter 18 A Primer on Competition and IP Law: A US-EU Perspective on Private Enforcement. Rebecca Spitzmiller. Part VI National Law Insights.
Chapter 19 The Relationship between IP Rights and Competition: Report from an Italian Point of View. Marina Anna Tavassi.
Chapter 20 Antitrust and Intellectual Property: Reflections on the Experiences of AGCM. Carla Rabitti Bedogni.
Chapter 21 The Jurisdiction of Italian Judges in Enforcing Antitrust Law: Problems and Solutions. Enrico Adriano Raffaelli.
Chapter 22 Developments in Competition Law in the English Courts. Vivien Rose.
Chapter 23 Report on Competition Law Enforcement in the United Kingdom. The Hon Sir Gerald Barling.
Chapter 24 The Swedish Asphalt Cartel Case. Christer H. Fallenius. Index.

Series: International Competition Law

£108.00
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
£204.00
£124.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£154.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£152.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published December 2014
Kluwer Law International
£116.00
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
£96.00
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
£108.00
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
£96.00
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
£100.00
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
£112.00
£116.00
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
£120.00
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
£112.00
£92.00
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
£128.00
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
£125.00
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
£126.00
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
£136.00
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
£144.00
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
£144.00
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
£112.00
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
£173.00
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
£113.00
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
£124.00
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
£218.00
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
£124.00
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
£128.00
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
£161.00
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
£100.00
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
£121.00
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
£85.00
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
£116.00
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
£100.00
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
£116.00
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
£123.00
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
£135.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£106.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned