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The Interplay Between Competition Law and Intellectual Property: An International Perspective


ISBN13: 9789041186874
To be Published: January 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £159.00



The Interplay Between Competition Law and Intellectual Property provides for a comparative perspective – on an international basis – on the approaches of different systems between competition law and Intellectual Property (IP). Although competition law and IP are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book’s market-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world’s most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems.

What’s in this book:

With thirty-two contributions written by a wide range of authors, including European and worldwide experts, judges, regulators, academics, economists and practitioners in the field of IP and competition law, this book provides an international comparative perspective as well as a detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following:

  • standard essential patents;
  • online platforms and antitrust;
  • legal assessment of excessive prices;
  • automatic injunction in patent cases;
  • IP rights between technological development and consumer protection;
  • geo-blocking; and
  • free movement of goods and the protection of IP rights.
Attention is paid throughout to the increasing dialogue between competition authorities around the world, including clashes of jurisprudence in enforcers’ decisions.

How this will help you:

A matchless remedy for the lack of uniformity of approach heretofore, the book’s investigation of the nexus between competition law and IP in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. Providing information about recent law and case law dealing with the intersection between IP and Competition in various systems, this book will be warmly appreciated by practitioners, regulators, policymakers and academics in both competition law and IP.

Subjects:
Competition Law, Intellectual Property Law
Contents:
Editors
Contributors
Foreword
Preface
PART I
Competition, Intellectual Property and Economics
CHAPTER 1
Collaborative Standardisation and SEP Licensing: A EU Policy Perspective
G. Bruzzone & S. Capozzi
CHAPTER 2
Economic Considerations on Mergers, IPR Licensing and Litigation: A EU Perspective
C. Caffarra & P. Régibeau
CHAPTER 3
Alternative Dispute Resolution in FRAND Licensing: Economic Considerations for an Effective Framework
A. Chowdhury
CHAPTER 4
The “New Madison” v. the “Old Europe” Doctrine: On Re-balancing Competition Policy Towards SEPs
A. Nicita & G. Corda
CHAPTER 5
Proprietary Systems, Innovation and Competition: Is There Any Scope for Aftermarkets?
A. Pezzoli & C. D’Amore
PART II
Competition, Intellectual Propertyand the Legal Doctrines
CHAPTER 6
Rethinking Monopolies
C. Birss
CHAPTER 7
Intellectual Property and Constitution with Particular Reference to the Italian System
B. Caravita
CHAPTER 8
Recent Shots on a Familiar Battlefield: Standard Essential Patents
I. Forrester & M. Domecq
CHAPTER 9
Antitrust and Intellectual Property in the United States and The European Union
D.H. Ginsburg, D. Geradin & K. Klovers
CHAPTER 10
SEPs Licensing: A Pro-competitive Determination of FRAND Royalties
G. Ghidini & G. Trabucco
CHAPTER 11
Unified Patent Court & Antitrust
G. Muscolo
CHAPTER 12
Online Platforms and Antitrust: Where Do We Go from Here?
R. Nazzini
CHAPTER 13
Reflections on the Legal Assessment of Excessive Prices in EU Competition Law
C. Osti
PART III
The Interplay Between Competition and Intellectual Property on the Relevant Markets
SUB-PART A
The High-Technology Market
CHAPTER 14
Automatic Injunction in Patent Cases and European (Competition) Law
W. Hoyng & A.-C. Hoyng
CHAPTER 15
SEP, NPE, PAE, Trolls and Huawei v. ZTE
M. Franzosi
SUB-PART B
The Energy Market
CHAPTER 16
The Electricité De France ‘Blue Ciel’ Trademark Case Between Competition and Intellectual Property: Old or New Form of Abuse of Dominance?
M. Siragusa & F.M. Salerno
SUB-PART C
The Pharmaceutical Market
CHAPTER 17
Current Issues on Antitrust Enforcement in the UK Pharmaceutical Sector
A. Coscelli, A. Groves & L. Ventura
CHAPTER 18
Competition Law and IP Rights in the Pharmaceutical Sector Between Technological Development, Consumer Protection and Health Care Costs: The Italian Experience
E.A. Raffaelli
SUB-PART D
Online Markets
CHAPTER 19
Online Markets, Geo-blocking and Competition
M. Tavassi & G. Bellomo
CHAPTER 20
Patent Pools in the ERA of the ‘Internet of Things’: A Fine Line Between Collusion, Market Power and Efficiencies
M. Lo Bue
SUB-PART E
Agricultural Markets
CHAPTER 21
The Interaction of Competition, Regulation and IP Rights in Agriculture: Towards a Dynamic Equilibrium?
I. Lianos
PART IV
An Update on Law and Case-Law in the National Systems
SUB-PART A
Europe
CHAPTER 22
Does the Application of the Exhaustion of Rights Doctrine in French Law Ensure a Balanced and Effective Compromise Between the Free Movement of Goods and the Protection of Intellectual Property Rights?
M. Karsenty-Ricard
CHAPTER 23
Enforcement of FRAND Commitments and Competition Law Litigation of Standard-Essential Patents in Germany Post-Huawei
H. Tsilikas
CHAPTER 24
Italian Competition Authority’s News Review Service Case: Essential Facilities and FRAND Determination at the Intersection Between
Competition and IPR
A. Minuto Rizzo & C. Noto
CHAPTER 25
Reconciling Competition and IP Law: The Case of Patented Pharmaceuticals and Dominance Abuse
C. Fonteijn, I. Akker & W. Sauter
CHAPTER 26
Public Enforcement and Private Litigation in the UK: Pfizer and Flynn Pharma
G. Barling & R. Reumerman
SUB-PART B
Worldwide
CHAPTER 27
The Interplay Between Competition Law and Intellectual Property: The Brazilian Experience
A. Martinez
CHAPTER 28
The Interplay Between Competition Law and Intellectual Property: A Perspective from Canada
A. Gunderson
CHAPTER 29
The Interplay Between Competition Law and Intellectual Property: Updates from India
N.S. Chopra & A.S. Sethi
CHAPTER 30
Russia and Global Challenges for Competition Law and Policy in the New Economy: Yandex v. Google, Kaspersky v. Microsoft, the Bayer-Monsanto Merger and Beyond
A. Ivanov
CHAPTER 31
Intersection Between Intellectual Property Law and Competition Law in South Africa
D. Dingley
CHAPTER 32
U.S. Intellectual Property and Competition Law
M.A. Carrier
Epilogue
Richard Whish
Index

Series: International Competition Law

Fidelity Rebates in Competition Law: Application of the 'As Efficient Competitor' Test ISBN 9789403505701
Published November 2018
Kluwer Law International
£96.00
£138.00
EU State Aid Control of Infrastructure Funding ISBN 9789041190994
Published July 2018
Kluwer Law International
£124.00
Competition Law in the ASEAN Countries: Regional Law and National Systems ISBN 9789041191021
Published July 2018
Kluwer Law International
£98.00
Sixty Years of EU State Aid Law and Policy: Analysis and Assessment ISBN 9789041188694
Published February 2018
Kluwer Law International
£126.00
The EU Leniency Policy: Reconciling Effectiveness and Fairness ISBN 9789041184795
Published October 2017
Kluwer Law International
£104.00
Directory of EU Case Law on Competition 2nd ed ISBN 9789041183637
Published August 2017
Kluwer Law International
£209.00
£108.00
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
£204.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£154.00
£124.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£152.00
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
The Interface between Competition Law, Patents and Technical Stadards ISBN 9789041154187
Published November 2014
Kluwer Law International
£104.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published November 2014
Kluwer Law International
£116.00
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
Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
Kluwer Law International
£112.00
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
Merger Control Regimes in Emerging Economies: A Case Study on Brazil and Argentina ISBN 9789041134028
Published January 2011
Kluwer Law International
£108.00
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
£169.00
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
Out of print
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
£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
Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
Kluwer Law International
£127.00
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
Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
Kluwer Law International
£128.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£106.00
M & A in Belgium
ISBN 9789041115942
Published May 2001
Kluwer Law International
£71.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned