Competition Law And Standard Essential Patents

Competition Law and Standard Essential Patents PDF
Author: Urška Petrovčič
Publisher:
ISBN: 9789041149602
Size: 10.32 MB
Format: PDF
Category : Antitrust law
Languages : en
Pages : 217
View: 3109

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Competition Law And Standard Essential Patents

by Urška Petrovčič, Competition Law And Standard Essential Patents Books available in PDF, EPUB, Mobi Format. Download Competition Law And Standard Essential Patents books, Despite the substantial benefits of standards in todaye s economy, the recent advent of standard essential patents (SEPs) e which protect proprietary technologies essential for industry standards e has tended to create a setting for anticompetitive practices that, at least potentially, harms competition and consumer welfare. An opportunistic SEP owner can intentionally conceal the existence of its patents during the standardization process, or later hold up manufacturers and impose on them exploitative licensing conditions. This book, through an intensive focus on case law in the United States and the European Union, clarifies the scope of competition law in addressing SEP ownerse opportunistic conduct, and offers the first comprehensive analysis of the antitrust liability an SEP owner might face in each jurisdiction."


Standard Essential Patents Frand Commitments And Competition Law

Standard Essential Patents  FRAND Commitments and Competition Law PDF
Author: Torsten Körber
Publisher: Nomos Verlagsgesellschaft Mbh & Company
ISBN: 9783848704293
Size: 21.29 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 321
View: 1709

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Standard Essential Patents Frand Commitments And Competition Law

by Torsten Körber, Standard Essential Patents Frand Commitments And Competition Law Books available in PDF, EPUB, Mobi Format. Download Standard Essential Patents Frand Commitments And Competition Law books, This bilingual (English/German) study takes up central questions concerning the relation between competition and patent law, raised by the current "patent wars" in the information technology sector. The book assesses the relevance of 'Fair, Reasonable, and Non-Discriminatory' (FRAND) commitments under contract and competition law. It further develops criteria for determining reasonable patent license fees and discusses the circumstances under which the filing of a cease and desist order by the holder of a standard assistant patent constitutes an abuse according to Article 102 TFEU (Treaty on the Functioning of the European Union). Finally, the German BGH's Orange-Book-Standard decision on requirements of compulsory license defense under competition law and its application in the lower courts are criticized. The book defines the BGH's criteria more precisely and questions their compatibility with EU competition law, and it brings together both an English and a German version of the analysis. (Series: Kartell- und Regulierungsrecht - Vol. 6)


Competition Law And Injunctions For Frand Encumbered Standard Essential Patents Eu And Us Perspectives

Competition Law and Injunctions for FRAND encumbered Standard Essential Patents   EU and US Perspectives PDF
Author: Séan O'Mahony
Publisher:
ISBN:
Size: 57.91 MB
Format: PDF, ePub
Category :
Languages : en
Pages : 45
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Competition Law And Injunctions For Frand Encumbered Standard Essential Patents Eu And Us Perspectives

by Séan O'Mahony, Competition Law And Injunctions For Frand Encumbered Standard Essential Patents Eu And Us Perspectives Books available in PDF, EPUB, Mobi Format. Download Competition Law And Injunctions For Frand Encumbered Standard Essential Patents Eu And Us Perspectives books,


The Interplay Between Competition Law And Intellectual Property

The Interplay Between Competition Law and Intellectual Property PDF
Author: Gabriella Muscolo
Publisher: Kluwer Law International B.V.
ISBN: 9041186905
Size: 12.96 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 566
View: 1605

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The Interplay Between Competition Law And Intellectual Property

by Gabriella Muscolo, The Interplay Between Competition Law And Intellectual Property Books available in PDF, EPUB, Mobi Format. Download The Interplay Between Competition Law And Intellectual Property books, Although competition law and intellectual property 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 markets-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. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields


The Interface Between Competition Law Patents And Technical Standards

The Interface Between Competition Law  Patents and Technical Standards PDF
Author: David Telyas
Publisher:
ISBN: 9789041154187
Size: 30.12 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 264
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The Interface Between Competition Law Patents And Technical Standards

by David Telyas, The Interface Between Competition Law Patents And Technical Standards Books available in PDF, EPUB, Mobi Format. Download The Interface Between Competition Law Patents And Technical Standards books, "This book is the outcome of a three-year industrial PhD project carried out in cooperation with Aarhus University, Denmark and the Danish law firm Gorrissen Federspiel"--Page xiii.


Intellectual Property And Competition Law

Intellectual Property and Competition Law PDF
Author: Peter Chrocziel
Publisher: Kluwer Law International B.V.
ISBN: 9041166831
Size: 59.62 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 394
View: 6549

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Intellectual Property And Competition Law

by Peter Chrocziel, Intellectual Property And Competition Law Books available in PDF, EPUB, Mobi Format. Download Intellectual Property And Competition Law books, Inevitably, every marketed product or service can always be located at the intersection of intellectual property law and competition law, a nexus rife with potential problems throughout the ‘life’ of an intellectual property (IP) right. This important book is the first to focus in depth on this intersection in the European context, masterfully elucidating the consequences for IP rights owners from the right’s inception to its transfer, sale, or demise. The authors describes and analyses the following topics and more in detail: • characteristics, purpose and theoretical justifications of IP rights; • obtaining, maintaining, and exploiting an IP right; • effects of provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control; • competition between originator companies and generic companies; • licensing, especially the problem of refusal to grant a license; and • enforcement of an IP right. The book analyses all major cases affecting aspects of the intersection, supported by an examination of the historical background and political influence concerning the two areas of European law. There are also special chapters on the prominent and influential national legal systems of Germany, the United States, China, The Netherlands, and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights. As a ‘biography’ of IP rights focusing on areas of entanglement with European competition law, this book is without peer. Its clear-sighted view of the status quo and emerging trends in the two fields will be of immeasurable value to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe and elsewhere.


Rethinking Intellectual Property

Rethinking Intellectual Property PDF
Author: Gustavo Ghidini
Publisher: Edward Elgar Publishing
ISBN: 1783478012
Size: 50.27 MB
Format: PDF
Category : Law
Languages : en
Pages : 432
View: 4458

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Rethinking Intellectual Property

by Gustavo Ghidini, Rethinking Intellectual Property Books available in PDF, EPUB, Mobi Format. Download Rethinking Intellectual Property books, Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.


International Antitrust Law Policy Fordham Competition Law 2012

International Antitrust Law   Policy  Fordham Competition Law 2012 PDF
Author: Barry E. Hawk
Publisher: Juris Publishing, Inc.
ISBN: 1578233305
Size: 29.71 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 656
View: 2785

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International Antitrust Law Policy Fordham Competition Law 2012

by Barry E. Hawk, International Antitrust Law Policy Fordham Competition Law 2012 Books available in PDF, EPUB, Mobi Format. Download International Antitrust Law Policy Fordham Competition Law 2012 books, This volume contains articles and panel discussions delivered during the Thirty-Ninth Annual Fordham Competition Law Institute Conference on International Antitrust Law & Policy. About the Proceedings: Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. The chapters are revised and updated before publication, where necessary. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The annual volumes are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. All of the chapters raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy.


Complications And Quandaries In The Ict Sector

Complications and Quandaries in the ICT Sector PDF
Author: Ashish Bharadwaj
Publisher: Springer
ISBN: 9811060118
Size: 40.41 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 200
View: 5610

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Complications And Quandaries In The Ict Sector

by Ashish Bharadwaj, Complications And Quandaries In The Ict Sector Books available in PDF, EPUB, Mobi Format. Download Complications And Quandaries In The Ict Sector books, This book is open access under a CC BY 4.0 license. With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by “fair”, “reasonable” and “non-discriminatory” terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.


Standardization Under Eu Competition Rules And Us Antitrust Laws

Standardization under EU Competition Rules and US Antitrust Laws PDF
Author: Björn Lundqvist
Publisher: Edward Elgar Publishing
ISBN: 1781954860
Size: 53.96 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 480
View: 719

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Standardization Under Eu Competition Rules And Us Antitrust Laws

by Björn Lundqvist, Standardization Under Eu Competition Rules And Us Antitrust Laws Books available in PDF, EPUB, Mobi Format. Download Standardization Under Eu Competition Rules And Us Antitrust Laws books, Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus