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3 edition of Issues at the interface of antitrust and intellectual property laws found in the catalog.

Issues at the interface of antitrust and intellectual property laws

Ariel Katz

Issues at the interface of antitrust and intellectual property laws

  • 247 Want to read
  • 3 Currently reading

Published .
Written in English

    Subjects:
  • University of Toronto. -- Faculty of Law -- Dissertations.,
  • Intellectual property -- Economic aspects.,
  • Intellectual property -- United States.,
  • Antitrust law.,
  • Antitrust law -- United States.

  • About the Edition

    Chapter Two challenges the practice of collective administration of performing rights, its underlying natural monopoly theory, and the prevailing corresponding view that some form of price regulation is the preferred regulatory response. I expose many flaws in this natural monopoly theory, and demonstrate that technological changes undermine it even further, by effectively facilitating the formation of a competitive marketplace for performing rights. Some economic, legal and political barriers, however, may inhibit the transition from monopoly to competition.This three-Chapter thesis discusses some issues that lie at the interface of antitrust and intellectual property (IP) laws. Chapter One discusses the relationships between the concept of "market power" and IP rights, and addresses the question whether antitrust law should presume that owners of IP rights possess market power. I argue that this question cannot be asked in the abstract but must be related to a specific challenged conduct, in light of the underlying substantive and procedural rules. By analyzing the role of presumptions as a legal device I show that the existence of presumptions is highly context specific, and is related to a variety of reasons: a mix of assumptions on probabilities and policy considerations. Accordingly, I show when and where a presumption of market power may or may not make sense.Chapter Three explains the strategic motivations behind many software publishers" decision to tolerate piracy and behind their failure of to employ technological measures to prevent it. I argue that tolerated piracy is a form of implicit price discrimination, in which some customers do not pay for their software---one that has some advantages over explicit forms of price discrimination. In the face of network effects, this strategy achieves wide and expeditious dissemination of software, maximizes the value of the network, may accelerate the tipping of the market in favor of the more dominant publisher and later create higher barriers to entry. At a second stage, software publishers are able to charge higher prices by holding-up locked-in pirates who face a threat of litigation. Legal implications of this theory, particularly in antitrust and copyright law, are explored as well.

    Edition Notes

    Other titlesAntitrust and intelelctual property laws
    Statementby Ariel Katz.
    The Physical Object
    Paginationv, 280 leaves ;
    Number of Pages280
    ID Numbers
    Open LibraryOL20246941M
    ISBN 100494077123
    OCLC/WorldCa141837726


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Issues at the interface of antitrust and intellectual property laws by Ariel Katz Download PDF EPUB FB2

Antitrust Issues in Intellectual Property Law focuses on recent developments, helping the IP practitioner stay informed about the law and the many ways in which antitrust law limits, disciplines, and counterbalances intellectual property law and vice versa.

Topics cover antitrust issues in these key areas of intellectual property law. The book Antitrust Issues in Intellectual Property Law, edited by Bradford Lyerla and authored by several lawyers, is about the intersection of IP law and antitrust law and collects case law from and ??, dealing with the issue.

Antitrust Issues at the interface of antitrust and intellectual property laws book in Intellectual Property Law focuses on significant recent developments in this busy legal intersection, helping the intellectual property attorney stay informed about the law and the many ways in which antitrust law limits, disciplines, and counterbalances intellectual property law – and vice versa.

Outcomes for clients that. Antitrust Issues in International Intellectual Property Licensing Transactions This book provides a review of the application of the antitrust and competition laws of nineteen leading jurisdictions around the world to common issues arising in patent, copyright, and trademark licensing agreements.

Maximize intellectual property rights and minimize antitrust risks with the Third Edition of IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property intellectual property licensing agreements are generally pro-competitive, antitrust issues can : Herbert Hovenkamp, H Blair & Joan V White Professor of Intellectual Property Law Mark D Janis, Mark A Lemley.

^ Last Version Ip And Antitrust Competition Policies Of Intellectual Property In Eighty Cases ^ Uploaded By Nora Roberts, 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.

By Lewis Carroll - * Read Antitrust Issues In Intellectual Property Law *, antitrust issues in intellectual property law antitrust issues in intellectual property law the intersection of intellectual property law and antitrust law is busy and complicated and theres no reason to believe that the heavy traffic will abate anytime soon.

In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition.

# PDF Ip And Antitrust Competition Policies Of Intellectual Property In Eighty Cases # Uploaded By Michael Crichton, 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.

Antitrust Issues In Intellectual Property Law TEXT #1: Introduction Antitrust Issues In Intellectual Property Law By David Baldacci - ^ Free PDF Antitrust Issues In Intellectual Property Law ^, antitrust issues in intellectual property law focuses on recent developments helping the ip.

V Intellectual property and mergers VI Other abuses VII Outlook and conclusions. I INTRODUCTION. The interaction between antitrust and intellectual property (IP) is widely discussed by the business community and the Russian competition authority, the Federal Anti-monopoly Service (FAS).

The interaction of intellectual property laws and antitrust continues to grow as our society increasingly relies on high-tech solutions in the home and workplace. In litigating intellectual property cases today, it is essential to understand the interplay between intellectual property rights and potential antitrust claims and defenses.

Abstract. This chapter focuses on the interface between Intellectual Property Rights (IPR) and competition law. Exercising rights by the IPR holder in certain circumstances may attract the provisions of competition law especially when it has an adverse effect on consumer welfare or amounts to abuse of dominant position.

Request PDF | Intellectual Property and Antitrust: A comparative Economic Analysis of US and EU Law | 'This book brings to bear Professor Maggiolino's considerable skills as a comparative. antitrust issues in intellectual property law focuses on recent developments helping the ip practitioner stay informed about the law and the many ways in which antitrust law limits disciplines and property law the book antitrust issues in intellectual property law edited by bradford lyerla and.

Antitrust issues in intellectual property cases arise mainly in commercial disputes involving patents, although antitrust issues also come up in the copyright context. This paper’s primary focus is the patent/antitrust interface.

Are the antitrust and patent laws in tension. Studies - on the relationship and interface between intellectual property and antitrust; Training - of human resources from both entities on IP and competition policy issues deemed relevant; Promotion and information dissemination– of the standards and principles of IP and free competition, or publicizing the respective functions of both.

1 Intellectual Property Protection and the Antitrust Laws These Guidelines state the antitrust enforcement policy of the U.S. Department of Justice and the Federal Trade Commission (individually, “the Agency,” and collectively, “the Agencies”).

It describes the purposes of the antitrust laws, provides an overview of the intellectual property antitrust interface, and addresses the historical treatment of intellectual property issues in.

Ch.1 Licensing intellectual property in light of antitrust law: an applied example of Heisenberg uncertainty principle --Ch.2 Tie-ins --Ch.3 Contributory infringement and patent misuse: their genesis and relationship to the antitrust laws --Ch.4 IP owner's access to telecommunications facilities and other antitrust issues --Ch.5 Patent.

3 PREFACE Getting the Deal Through is delighted to publish the thirteenth edition of Intellectual Property & Antitrust, which is available in print, as an e-book, and online at Getting the Deal Through provides international expert analysis in key areas of law, practice and regulation for corporate counsel, cross.

This Handbook brings together law and economics professors to assess the state of theory and practice, and to expose fault lines in the economics and legal doctrines surrounding the interface of antitrust, intellectual property, and high tech in an increasingly globalized world.

Early U.S. court decisions saw intellectual property law in conflict with antitrust law – Antitrust law condemns monopoly; while IP laws confers a “monopoly”. Modern thinking is that Antitrust and IP law are complimentary – they both provide incentives to innovate – IP law by protecting new inventions and antitrust law by removing.

The debate on IP-related antitrust issues in India came to the fore in when the CCI examined7 whether the practice of several domestic and multinational passenger vehicle manufacturers (PVMs) of selling spare parts and diagnostic kits only to authorised dealers resulted in ‘denial of market access’8 to independent repairers and after.

intellectual property rights, as well as the key considerations that should inform the Agencies’ analysis.7 Many of these key con sideration s are fo und within the framework of the Antitrust Guidelines for the Licensing of Intellectual Property (“Antitrust-IP Guidelines”). The Agencies’ review of intellectual property and antitrust law.

antitrust enforcement and intellectual property rights promoting innovation and competition Posted By Harold RobbinsPublic Library TEXT ID b91bf9f3 Online PDF Ebook Epub Library chinas antitrust guidelines on intellectual property rights refine positions and reserve flexibility for enforcement blog competition corner winston strawn llp china october 29 on.

See also Sheila F. Anthony, Antitrust and Intellectual Property Law: From Adversaries to Partners, 28 AM. INTELL. PROP. LAW ASS'N. Q.J.

1, () (dis­ cussing interplay between antitrust and intellectual property law and the genesis and prin­ ciples of the Guidelines' approach).

As this discussion will develop, the antitrust laws. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation.

Antitrust and intellectual property policies for the most part are complementary, sharing common goals of promoting innovation and economic welfare. The focus of the book is a complete and detailed perspective on issues in the design and enforcement of competition law, and is not a treatise on the case law.

This book is the perfect complement to Antitrust Law Developments, the premier handbook on U.S. antitrust law, as Antitrust Law Developments scrupulously avoids policy issues. Antitrust Issues in Intellectual Property Law focuses on significant recent developments in this busy legal intersection, helping the intellectual property attorney stay informed about the law and the many ways in which antitrust law limits, disciplines, and counterbalances intellectual property law – and vice versa.

Outcomes for clients that. Antitrust Law Answer Book is a comprehensive but practical overview of antitrust law for the non-expert who wants to understand the basic each area of focus—agreements between competitors, agreements with suppliers and customers, unilateral conduct by firms, mergers, the interface with intellectual property law, and the rest—this book addresses the most common.

AAI’s legal-economic research and advocacy emphasize competition in the balance between IP and antitrust law and within the domain of IP law itself. Both intellectual property rights and antitrust are intended to foster innovation.

However, the overprotection of IP rights at the expense of competition may harm consumers and undermine innovation. " Free Reading Ip And Antitrust Competition Policies Of Intellectual Property In Eighty Cases " Uploaded By Evan Hunter, 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.

The Federal Trade Commission and the Department of Justice (DOJ) today issued a joint report, “Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition,” to inform consumers, businesses, and intellectual property rights holders about the agencies’ competition views with respect to a wide range of activities involving intellectual property.

Intellectual Property and Antitrust is a thorough, very well written, and conceived book. In a modest pages, the author brings together a deep knowledge on this complex mix of economics and law with the ability to present complicated and dense economic theory and legal reasoning in an informative and easily digestible way.

Part of the Antitrust and Trade Regulation Commons, Intellectual Property Law Commons, Judges Commons, and the Legal History Commons Repository Citation Hovenkamp, Herbert J., "The Intellectual Property-Antitrust Interface" ().

Faculty Scholarship at Penn Law. Criticism of Google includes concern for tax avoidance, misuse and manipulation of search results, its use of others' intellectual property, concerns that its compilation of data may violate people's privacy and collaboration with Google Earth by the military to spy on users, censorship of search results and content, and the energy consumption of its servers as well as concerns over.

The interface of intellectual property and antitrust law presents interesting, complex issues. Many of these issues are constantly evolving due to technological advancements and globalization. For example, consider the issues and litigation govern the federal antitrust agencies’ application of the antitrust laws to intellectual property.

ip and antitrust competition policies of intellectual property in eighty cases Posted By Robert Ludlum Publishing TEXT ID a78ba60e Online PDF Ebook Epub Library published by kluwer law international from wwwwildycom the worlds legal bookshop shipping in the uk is free competitive shipping rates world wide.

antitrust enforcement and intellectual property rights promoting innovation and competition Posted By Ry?tar. ShibaLibrary TEXT ID b91bf9f3 Online PDF Ebook Epub Library antitrust and intellectual property unresolved issues at the heart of the new economy robert pitofsky georgetown university law center tional antitrust enforcement policy in these new areas in my view it is.

10 Antitrust-IP Guidelines §§11 Richard A. Posner, Antitrust in the New Economy, 68 ANTITRUST L.J.(). 12 Antitrust-IP Guidelines § (citing United States ll Corp., U.S.())owner as it would if the asset at issue were any other form of tangible or intangible property Of course, intellectual property rights will sometimes create.read ip and antitrust the competition policies of intellectual property in eighty cases book reviews author details and more at amazonin free delivery on qualified orders ip 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.5Antitrust Guidelines for the Licensing of Intellectual Property () [hereinafter IP Guidelines].

6 Atari Games Corp. v. Nintendo of America, Inc., F.2d, 14 U.S.P.Q.2d (BNA)(Fed. Cir. ). 3 Calls for more aggressive antitrust enforcement as a vehicle for cabining the enjoyment of intellectual property rights should, however, be viewed with great caution.