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Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US by Thorsten Kaseberg (Hardcover, 2012)

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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 Kaseberg. 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.

Product Identifiers

Publisher
Bloomsbury Publishing PLC
ISBN-13
9781849463065
eBay Product ID (ePID)
114082275

Product Key Features

Subject Area
Commercial Law
Author
Thorsten Kaseberg
Publication Name
Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US
Format
Hardcover
Language
English
Subject
Law
Publication Year
2012
Type
Textbook
Number of Pages
330 Pages

Dimensions

Item Height
244mm
Item Width
171mm
Item Weight
767g

Additional Product Features

Title_Author
Thorsten Kaseberg
Series Title
Hart Studies in Competition Law
Country/Region of Manufacture
United Kingdom

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Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US by Thorsten Kaseberg (Hardcover, 2012)

About this product

Product Information

Product Identifiers

Product Key Features

Dimensions

Additional Product Features

Best Selling in Adult Learning & University

Eduqas GCSE (9-1) Religious Studies Route B: Catholic Christianity and Judaism by Deirdre Cleary, Andrew Barron, Joy White, Patrick Harrison (Paperback, 2017)

Polyvagal Exercises for Safety and Connection: 50 Client-Centered Practices by Deb Dana (Paperback, 2020)

Save on Adult Learning & University

Weed Forager's Handbook: A Guide to Edible and Medicinal Weeds in Australia by A

Netter Atlas of Human Anatomy: Classic Regional Approach

Michael Nehls The Indoctrinated Brain (Hardback) (US IMPORT)

Bill Perkins Die With Zero (Paperback)

Havard's Nursing Guide to Drugs

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