Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US

Nonfiction, Reference & Language, Law, Antitrust
Cover of the book Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US by Thorsten Käseberg, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Thorsten Käseberg ISBN: 9781847319586
Publisher: Bloomsbury Publishing Publication: June 8, 2012
Imprint: Hart Publishing Language: English
Author: Thorsten Käseberg
ISBN: 9781847319586
Publisher: Bloomsbury Publishing
Publication: June 8, 2012
Imprint: Hart Publishing
Language: English

For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg.

Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP.

Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg.

Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP.

Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.

More books from Bloomsbury Publishing

Cover of the book Conversations with Clint by Thorsten Käseberg
Cover of the book Nowhere Near You by Thorsten Käseberg
Cover of the book Arab-Iranian Relations by Thorsten Käseberg
Cover of the book Emma in Love by Thorsten Käseberg
Cover of the book You Make Me Happy by Thorsten Käseberg
Cover of the book Sorcery, Totem, and Jihad in African Philosophy by Thorsten Käseberg
Cover of the book The Afterlives of Roland Barthes by Thorsten Käseberg
Cover of the book Religion, NGOs and the United Nations by Thorsten Käseberg
Cover of the book The Football Trials: Game Changer by Thorsten Käseberg
Cover of the book On Freedom by Thorsten Käseberg
Cover of the book The Art of Falling by Thorsten Käseberg
Cover of the book Modelling the Tiger I by Thorsten Käseberg
Cover of the book The Return to the Mystical by Thorsten Käseberg
Cover of the book A History of the World in 6 Glasses by Thorsten Käseberg
Cover of the book The Poets of Alexandria by Thorsten Käseberg
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy