Product Description
Table of Contents
Additional Information
Patents lie at the heart of modern competition policy. In the new economy, firms use them variously to protect their R&D, to bolster their market positions, and to exclude rivals. Antitrust enforcers thus scrutinize patentees to ensure that they do not use their intellectual-property rights to suppress competition. Today's antitrust lawyers must therefore navigate intellectual-property issues and advise clients on the procurement and assertion of patents. It is no easy task. In granting exclusive rights, patents have an uneasy relationship with competition law, which struggles in turn to apply policies developed in bricks and mortar industries to the world of technology. This book explores the acquisition and use of patents under the law of the world's two most important antitrust regimes: the United States and the European Union. It examines antitrust rules governing technology transfer, standard-essential technologies, patent aggregation, open and closed systems, coercive licensing terms that amount to misuse, evergreening tactics in the pharmaceutical industry like 'paying for delay', and patentee immunity in suing for infringement. To contextualize that analysis, the book explores the theoretical relationship between patents and competition law, addresses the U.S. 'patent crisis', the move towards unitary patents in Europe, and differences between the US and EU competition regimes. Further, the book explores idiosyncrasies governing the core antitrust questions of market definition, market power, and anticompetitive conduct in the patent setting. In doing so, the book allows those who practice, enforce, teach, or study competition law to understand the subtleties of this fascinating subject.
PART I: INTRODUCTION AND RECENT DEVELOPMENTS; PART II: THE PATENT AND ANTITRUST LAWS OF EUROPE AND AMERICA; PART III: UNDERSTANDING THE PATENT-COMPETITION LAW INTERFACE; PART IV: SPECIAL ISSUES IN TECHNOLOGY MARKETS; PART V: PATENT HOLD-UP AND MISUSE; PART VI: AGREEMENTS CONCERNING PATENTED TECHNOLOGY
Author(s) | By Alan Devlin (Federal Trade Commission, Washington, DC, Federal Trade Commission, Washington, DC, Attorney Advisor to Hon. Maureen K. Ohlhausen). |
---|---|
Publisher | Oxford University Press |
ISBN | 9780198728979 |
Format | Hardback |
Pages | 528 |
Published in | United Kingdom |
Published | 17 Mar 2016 |
Availability | Available |
Practice Area
-
Company, commercial & competition
- Agency law
- Aviation law
- Commercial law
- Company law
- Company, commercial & competition law
- Competition law \ Antitrust law
- Construction & engineering law
- Contract law
- E-commerce law
- Energy & natural resources law
- Franchising law
- Outsourcing law
- Partnership law
- Procurement law
- Sale of goods law
- Shipping law
-
Constitutional & administrative
- Asylum law
- Citizenship & nationality law
- Constitutional & administrative law
- Election law
- Freedom of expression law
- Freedom of information law
- Government powers
- Human rights & civil liberties law
- Immigration law
- Judicial review
- Local government law
- Military & defence law
- Parliamentary & legislative practice
- Privacy law
-
Criminal law & procedure
- Criminal justice law
- Criminal law & procedures
- Criminal procedure
- Criminal procedure: law of evidence
- Fraud
- Harassment law
- Juvenile criminal law
- Offences against property
- Offences against public health, safety, order
- Offences against the government
- Offences against the person
- Police law & police procedures
- Road traffic law, motoring offences
- Sentencing & punishment
- Terrorism law
- Employment & labour
- Environment, transport & planning
- Equity & trusts
- Family
- Financial
- IT & Communications
- Intellectual property
-
International
- Customary law
- Diplomatic law
- International
- International arbitration
- International communications & telecommunications law
- International courts & procedures
- International criminal law
- International economic & trade law
- International environmental law
- International human rights law
- International humanitarian law
- International law
- International law of territory & statehood
- International law of transport, communications & commerce
- International law reports
- International maritime law
- International organisations & institutions
- International space & aerospace law
- Investment treaties & disputes
- Jurisdiction & immunities
- Law of the sea
- Private international law & conflict of laws
- Public international law
- Responsibility of states & other entities
- Settlement of international disputes
- Tariffs
- Transnational commercial law
- Treaties & other sources of international law
-
Jurisprudence & general
- Advocacy
- Civil codes \ Civil law
- Common law
- Comparative law
- Criminology: legal aspects
- Ecclesiastical (canon) law
- Gender & the law
- Islamic law
- Jurisprudence & general issues
- Jurisprudence & philosophy of law
- Law & society
- Law as it applies to other professions
- Legal ethics & professional conduct
- Legal history
- Legal profession: general
- Legal skills & practice
- Paralegals & paralegalism
- Roman law
- Systems of law
- Law - other
- Law: study & revision guides
- Laws of Specific jurisdictions
-
Legal system
- Arbitration, mediation & alternative dispute resolution
- Civil procedure, litigation & dispute resolution
- Civil procedure: law of evidence
- Civil remedies
- Courts & procedure
- Damages & compensation
- Injunctions & other orders
- Judicial powers
- Legal system: costs & funding
- Legal system: general
- Legal system: law of contempt
- Regulation of legal profession
- Restitution
- Primary sources
- Private \ Civil law: general works
- Property
- Social
- Taxation & duties
- Torts & Delicts
- Wills & probate \ Succession
My Cart
You have no items in your shopping cart.