IP and Antitrust: The Competition Policies of Intellectual Property in Eighty Cases
Published: May 2015
Publisher: Kluwer Law International
Country of Publication: The Netherlands
This book presents eighty cases that interpret the various public policies that mould the interface of intellectual property law with competition law (or antitrust).
Although 'most cases are from the United States - which has developed an enormously wide wealth of jurisprudence in this area - there are also cases from the European Union, the United Kingdom, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina.
The author presents the cases under the following general headings:-
- setting the right dosage (i.e., avoiding too much or too little intellectual property);
- setting the standards of differentiation;
- refusing to license intellectual property;
- licensing (and assigning) intellectual property;
- enforcing intellectual property rights;
- intellectual property .in sectors of special public interest; and
- technical standards.
Revealing in extraordinary depth the tensions behind the values of the free market which intellectual property serves and the variety of responses these tensions provoke, this book may be regarded as a watershed resource regarding the principles and policies that, sometimes coherently, sometimes not, preside over the very complex relationship between intellectual property and antitrust.