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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.
Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany
Contents:PrefacePART I: OVERARCHING POLICIES AND ECONOMIC THEORIES1. Competition Law and Intellectual Property Rights – Outline of an Economics-based ApproachOlav Kolstad2. Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law?Josef Drexl3. The Contestability of IP-Protected MarketsAndreas Heinemann 4. Assessing the Effects of Intellectual Property Rights in Network StandardsMark-Oliver MackenrodtPART II: CONTRACTUAL ARRANGEMENTS5. The New EC Competition Law Framework for Technology Transfer and IP LicensingSteve Anderman6. Patent Pools – Policy and ProblemsHanns Ullrich7. The Competitive Effects of Patent Field-of-Use LicencesMark R. Patterson8. Patent and Know-How Licences under the Japanese Antimonopoly ActJunko ShibataPART III: UNILATERAL RESTRAINTS9. Unilateral Refusal to License Indispensable Intellectual Property Rights – US and EU ApproachesBeatriz Conde Gallego10. Patent Power and Market Power: Rethinking the Relationship between Intellectual Property Rights and Market Power in Antitrust AnalysisClifford A. Jones11. Making Antitrust and Intellectual Property Policy in the United States: Requirements Tie-ins and Loyalty DiscountsWarren S. GrimesPART IV: MERGER CONTROL12. New Technologies and MergersJosef BejčekPART 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 DiscussionAnnette Kur14. One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations?Gustavo Ghidini and Emanuela Arezzo15. Development of the Economics of CoyprightChristian Handke, Paul Stepan and Ruth TowsePART VI: NATIONAL IP RIGHTS AND CROSS-BORDER COMPETITION16. Intellectual Property, the Internal Market and Competition LawStefan Enchelmaier17. The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach?Ole-Andreas Rognstad18. Competition Policy and Intellectual Property in the WTO: More Guidance Needed?Robert D. AndersonIndex
'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.'