IP and antitrust

This practical new book will help you to:

• Learn the variety of ways in which courts interpret competition policies
  regarding intellectual property rights;
  

• Conduct intellectual property cases with full awareness of public policy and
  consumer welfare implications;
  

• Find out how much emphasis you need to give to intellectual property in
  situations where intellectual property rights and competition law interact.
  

The author presents 80 cases that interpret the various public policies that
mould the interface of intellectual property law with competition law (or
antitrust). Although most cases are from the United States – which has
developed an enormously wide wealth of jurisprudence in this area – the work
includes cases from the European Union, the United Kingdom, Australia, Canada,
South Africa, Brazil, South Korea, India, and Argentina.

The cases are organized in three parts. The first contains a number of cases
in which courts have looked at the policies that are behind differentiation,
and have accordingly set the thresholds and limits to the acquisition of
intellectual property. The second looks at abuses of intellectual property in
their multifaceted dimensions. The third part focuses on the inherent
contradiction between market regulation and the acquisition and use of
intellectual property rights.

The author presents the cases under the following general headings:

• setting the right dosage (i.e., avoiding too much or too little intellectual
  property)
  

• setting the standards of differentiation
  

• refusing to license intellectual property
  

• licensing (and assigning) intellectual property
  

• enforcing intellectual property rights
  

• remedies
  

• intellectual property in sectors of special public interest
  

• technical standards
  

What you’ll find:

• Eighty cases illustrating facets of the interface between intellectual
  property law and competition law
  

• Analysis of the tensions behind the values of the free market, and the variety
  of responses these tensions provoke
  

• An in-depth resource regarding the principles and policies that preside over
  the relationship between intellectual property and antitrust
  

Who should read this book?

This in-depth work reveals the tensions behind the values of the free market
which intellectual property serves, and the variety of responses these
tensions provoke.

It will be important reading for professionals in both fields, from
practitioners to policymakers, as well as by academics.