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Research Handbook on Intellectual Property and Competition Law
This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright.
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Critical Acclaim
Contributors
Contents
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This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright.
Appropriate space is devoted to the latest developments in European and American antitrust law, such as the ‘more economic approach’ and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework.
These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.
Appropriate space is devoted to the latest developments in European and American antitrust law, such as the ‘more economic approach’ and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework.
These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.
Critical Acclaim
‘The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies.’
– Ioannis Lianos, World Competition
‘Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.’
– Madhu Sahni, Journal of Intellectual Property Rights
‘This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all.’
– IPKAT
‘Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or.’
– Marianne Levin, Stockholm University, Sweden
– Ioannis Lianos, World Competition
‘Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.’
– Madhu Sahni, Journal of Intellectual Property Rights
‘This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all.’
– IPKAT
‘Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or.’
– Marianne Levin, Stockholm University, Sweden
Contributors
Contributors: S. Anderman, R.D. Anderson, E. Arezzo, J. Bejček, B. Conde Gallego, J. Drexl, S. Enchelmaier, G. Ghidini, W.S. Grimes, C. Handke, A. Heinemann, C.A. Jones, O. Kolstad, A. Kur, M.-O. Mackenrodt, M.R. Patterson, O.-A. Rognstad, J. Shibata, P. Stepan, R. Towse, H. Ullrich
Contents
Contents:
Preface
PART I: OVERARCHING POLICIES AND ECONOMIC THEORIES
1. Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach
Olav Kolstad
2. Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law?
Josef Drexl
3. The Contestability of IP-Protected Markets
Andreas Heinemann
4. Assessing the Effects of Intellectual Property Rights in Network Standards
Mark-Oliver Mackenrodt
PART II: CONTRACTUAL ARRANGEMENTS
5. The New EC Competition Law Framework for Technology Transfer and IP Licensing
Steve Anderman
6. Patent Pools – Policy and Problems
Hanns Ullrich
7. The Competitive Effects of Patent Field-of-Use Licences
Mark R. Patterson
8. Patent and Know-How Licences under the Japanese Antimonopoly Act
Junko Shibata
PART III: UNILATERAL RESTRAINTS
9. Unilateral Refusal to License Indispensable Intellectual Property Rights – US and EU Approaches
Beatriz Conde Gallego
10. Patent Power and Market Power: Rethinking the Relationship between Intellectual Property Rights and Market Power in Antitrust Analysis
Clifford A. Jones
11. Making Antitrust and Intellectual Property Policy in the United States: Requirements Tie-ins and Loyalty Discounts
Warren S. Grimes
PART IV: MERGER CONTROL
12. New Technologies and Mergers
Josef Bejček
PART V: THE EFFECT OF IP LAWS AS SUCH ON COMPETITION
13. Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion
Annette Kur
14. One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations?
Gustavo Ghidini and Emanuela Arezzo
15. Development of the Economics of Coypright
Christian Handke, Paul Stepan and Ruth Towse
PART VI: NATIONAL IP RIGHTS AND CROSS-BORDER COMPETITION
16. Intellectual Property, the Internal Market and Competition Law
Stefan Enchelmaier
17. The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach?
Ole-Andreas Rognstad
18. Competition Policy and Intellectual Property in the WTO: More Guidance Needed?
Robert D. Anderson
Index
Preface
PART I: OVERARCHING POLICIES AND ECONOMIC THEORIES
1. Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach
Olav Kolstad
2. Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law?
Josef Drexl
3. The Contestability of IP-Protected Markets
Andreas Heinemann
4. Assessing the Effects of Intellectual Property Rights in Network Standards
Mark-Oliver Mackenrodt
PART II: CONTRACTUAL ARRANGEMENTS
5. The New EC Competition Law Framework for Technology Transfer and IP Licensing
Steve Anderman
6. Patent Pools – Policy and Problems
Hanns Ullrich
7. The Competitive Effects of Patent Field-of-Use Licences
Mark R. Patterson
8. Patent and Know-How Licences under the Japanese Antimonopoly Act
Junko Shibata
PART III: UNILATERAL RESTRAINTS
9. Unilateral Refusal to License Indispensable Intellectual Property Rights – US and EU Approaches
Beatriz Conde Gallego
10. Patent Power and Market Power: Rethinking the Relationship between Intellectual Property Rights and Market Power in Antitrust Analysis
Clifford A. Jones
11. Making Antitrust and Intellectual Property Policy in the United States: Requirements Tie-ins and Loyalty Discounts
Warren S. Grimes
PART IV: MERGER CONTROL
12. New Technologies and Mergers
Josef Bejček
PART V: THE EFFECT OF IP LAWS AS SUCH ON COMPETITION
13. Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion
Annette Kur
14. One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations?
Gustavo Ghidini and Emanuela Arezzo
15. Development of the Economics of Coypright
Christian Handke, Paul Stepan and Ruth Towse
PART VI: NATIONAL IP RIGHTS AND CROSS-BORDER COMPETITION
16. Intellectual Property, the Internal Market and Competition Law
Stefan Enchelmaier
17. The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach?
Ole-Andreas Rognstad
18. Competition Policy and Intellectual Property in the WTO: More Guidance Needed?
Robert D. Anderson
Index
