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The Interface Between Intellectual Property Rights and Competition Policy
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  • Page extent: 586 pages
  • Size: 228 x 152 mm
  • Weight: 1.03 kg

Library of Congress

  • Dewey number: 346.048
  • Dewey version: 22
  • LC Classification: K1401 .I5828 2007
  • LC Subject headings:
    • Intellectual property
    • Antitrust law

Library of Congress Record


 (ISBN-13: 9780521863162)

The Interface between Intellectual Property Rights and Competition Policy

Cambridge University Press
9780521863162 - The Interface between Intellectual Property Rights and Competition Policy - Edited by Steven D. Anderman


The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first two parts of the book indicate the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law, the EU, the USA and Japan, and three less populous countries with open economies, Australia, Ireland and Singapore. By setting out the legislative and judicial and administrative alternatives available in those constituencies with some experience of dealing with the interface, this research study provides a reference work which can be used as a resource to throw light on how the two fields of law can be adapted to create a coherent whole in the particular circumstances of any one legal system.

In the third part of the book a number of issues closely related to the interface between competition law and intellectual property rights are examined. Separate chapters analyse: (i) the issue of parallel trading and exhaustion of IPRs, a system of legal rules that creates its own interface with the exercise of IPRs alongside the competition rules, (ii) the issue of technology transfer showing the important differences between international IP licensing and foreign direct investment as well as highlighting how limits on technology spillover are set in bilateral investment treaties, and (iii) the economics of the interface between intellectual property and competition law to suggest how economic thinking may find a way of interacting with legal argument in this field.


Edited by


Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo

Cambridge University Press
The Edinburgh Building, Cambridge CB2 8RU, UK

Published in the United States of America by Cambridge University Press, New York
Information on this title:

© Cambridge University Press 2007

This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without
the written permission of Cambridge University Press.

First published 2007

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this publication is available from the British Library

ISBN-13 978-0-521-86316-2 hardback

Cambridge University Press has no responsibility for
the persistence or accuracy of URLs for external or
third-party internet websites referred to in this publication,
and does not guarantee that any content on such
websites is, or will remain, accurate or appropriate.


Notes on contributors      page vii
Preface      xi
1The competition law/IP ‘interface’: an introductory note      1
PART I  Intellectual property rights and competition law in the major trading blocks      35
2EC competition policy and IPRs      37
3Competition policy and its implications for intellectual property rights in the United States      125
4The interface between competition law and intellectual property in Japan      250
PART II  Intellectual property rights and competition law in smaller and medium sized open economies      313
5Intellectual property rights and competition in Australia      315
6Irish competition law and IP rights      348
7The interface between intellectual property law and competition law in Singapore      375
PART III  Issues related to the interface between intellectual property rights and competition law      427
8Parallel imports      429
9Technology transfer      466
10The relationship between intellectual property law and competition law: an economic approach      505
Index      553


STEVEN D. ANDERMAN is Professor of Law at the University of Essex. He has been an expert on competition policy to the Economic and Social Committee of the European Union since 1984. He is currently advising the IP Academy and the Intellectual Property Office of Singapore on the interface of IP with the new Singapore competition law while also advising the Singapore Competition Commission on the implications of the new Competition Act and the preparation of Block Exemption Regulations and Guidelines.

MIRANDA FORSYTH is a Lecturer in Law at the University of the South Pacific where she teaches criminal law and is currently developing a course in intellectual property law in the South Pacific. She studied at the University of Melbourne, and as a postgraduate at the University of Connecticut. She is currently completing a PhD at the Australian National University on the relationship between the customary justice system and the state justice system in Vanuatu.

FRANCES HANKS is Senior Fellow in the Faculty of Law, University of Melbourne. She is an expert on competition law. She is a member of the trade practices committee of the Law Council of Australia, a body which advises the government on proposed changes to competition law. Recent publications include: ‘The Benefits and Costs of Copyright: An Economic Perspective’, ‘The Treatment of Natural Monopoly under the Australian Trade Practices Act: Four Recent Decisions’ and ‘Intellectual Property and Price Discrimination: A Challenge for Australian Competition Law’.

CHRISTOPHER HEATH studied at the Universities of Konstanz, Edinburgh and the London School of Economics. He lived and worked in Japan for three years, and between 1992 and 2005 headed the Asian Department of the Max Planck Institute for Patent, Copyright and Competition Law in Munich. He is now a Member of the Boards of Appeal at the European Patent Office in Munich. He is the editor of the Max Planck Institute’s Asian Intellectual Property Series and the Asian editor of the Max Planck Institute’s publication IIC.

ROHAN KARIYAWASAM is a Lecturer in Law, Director of the Program in Information Technology, Media and E-Commerce Law, and Member of the Human Rights Centre at the University of Essex. He qualified as a technology lawyer with Denton Hall (Denton Wilde Sapte) and has worked as a consultant with several global law firms, and as an external consultant to the United Kingdom’s Department for International Development and Office of Telecommunications, and also Cable & Wireless.

IMELDA MAHER is Sutherland Professor of European Law, University College Dublin. She was Director of the Centre for Competition and Consumer Policy, Regulatory Institutions Network, at the Australian National University. She has published extensively on competition law and EU law and is author of Competition Law: Alignment and Reform (1999). Recent publications include ‘Innovation, Competition, Standards and Intellectual Property’ (co-edited with Peter Drahos, 2004) and ‘The Interface of EC Competition Law and Intellectual Property Rights: The Essential and the Innovative’ (2005).

BURTON ONG is a member of the Faculty of Law at the National University of Singapore. His current research interests include the anti-competitive consequences of expanding intellectual property protection to include industry standards and other new subject matter. He is a Fellow of the Singapore IP Academy where he teaches Patent Law and Antitrust Law in its Graduate Certificate in Intellectual Property Programme, and has given public seminars to civil servants, legal professionals and non-lawyers in and around Singapore.

RUDOLPH J. R. PERITZ is Professor of Law and Director of the IProgress Project at New York Law School. Before entering the legal profession, he was a software engineer and programmer for mainframe computer systems. He has been Visiting Professor at LUISS, Rome, and at the University of Essex, and lectures regularly in Europe and the United States. He has written on competition law as well as intellectual property rights and cyberlaw. He is currently at work on an IP project entitled The Political Economy of Progress.

PIERRE RÉGIBEAU is a Reader in Economics at the University of Essex. He has been on the faculty of the Sloan School of Management (MIT), Kellogg School of Management and Institute for Economics (Barcelona). He is a fellow of the Centre for Economic Policy Research. His research interests include the economics of technology and intellectual property, the internal organisation of firms, competition policy and international trade policy. He is the Managing Editor of the Journal of Industrial Economics.

KATHARINE ROCKETT is a Senior Lecturer at the University of Essex. She has previously served as a visiting Assistant Professor at the Institut d’Analisi Economica, in Barcelona and an Assistant Professor at Northwestern University. Her interests are in the field of industrial organisation, particularly the economics of new technologies. More specifically, her work has been in the areas of licensing strategy, the economics of patents, the interface between intellectual property and competition policy, and organisational issues raised by new technologies.

WARWICK A. ROTHNIE practices intellectual property law, having spent ten years at Mallesons Stephen Jaques in Melbourne as a Senior Associate and Partner, and, since 2002, as a barrister. He teaches patents in the postgraduate program at the University of Melbourne, having previously taught copyright and designs. Publications include Parallel Imports (1993) and, with Valentine Korah, Exclusive Distribution and the EEC Competition Rules (2nd edn, 1992).

HEDVIG K. S. SCHMIDT is a Lecturer in Law at the University of Southampton where she teaches courses in EU law and European and international competition law. She has previously worked as a research fellow at BIICL, which included organising and teaching at a seminar for national judges in competition law sponsored by the European Commission. In 2005 she received an award to visit the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich and further her research into the interface issues of intellectual property and competition law.

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