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Competition Policy and Intellectual Property in Today's Global Economy

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Robert D. Anderson, Nuno Pires de Carvalho, Elena Cima, Antony Taubman, William E. Kovacic, Anna Caroline Müller, Jay P. Kesan, Carol Hayes, Rohan Kariyawasam, Christoph Spennemann, Ariel Katz, Martin Senftleben, Jianning Chen, Daria Novozhilkina, Philippe Pelletier, Antonella Salgueiro, Nivedita Sen, Nadezhda Sporysheva, Giovanni Napolitano, Willard K. Tom, J. Clayton Everett, Pierre Arhel, Maximiliano Santa Cruz, Pilar Trivelli, Joseph Wilson
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  • Date Published: October 2021
  • availability: In stock
  • format: Paperback
  • isbn: 9781316645680

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About the Authors
  • The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

    • This volume examines a range of issues relating to the inter-relationships between competition policy, intellectual property rights and international trade and investment flows in today's global and knowledge-based economy
    • It builds on existing scholarly contributions, enforcement experience, and theoretical and applied perspectives from around the globe
    • The volume is inter-disciplinary in nature (embracing both legal and economic approaches), and reflects both academic and practitioners' perspectives.
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    Product details

    • Date Published: October 2021
    • format: Paperback
    • isbn: 9781316645680
    • length: 920 pages
    • dimensions: 228 x 152 x 42 mm
    • weight: 1.43kg
    • availability: In stock
  • Table of Contents

    1. Introduction: Towards a Fresh Contribution to a Critical Policy Dialogue Robert D. Anderson, Nuno Pires de Carvalho, Elena Cima and Antony Taubman
    Part I. Setting the Scene: Evolution of Key Principles and International Dialogue:
    2. The Application of Competition Policy vis-à-vis Intellectual Property Rights: The Evolution of Thought Underlying Policy Change Robert D. Anderson and William E. Kovacic
    3. The WTO TRIPS Agreement as a Platform for Application of Competition Policy to the Contemporary Knowledge Economy Robert D. Anderson, Anna Caroline Müller and Antony Taubman
    4. Competition Policy in WIPO's Development Agenda Nuno Pires de Carvalho
    5. Fair Enough? Reconciling Unfair Competition with Competition Policy Antony Taubman
    6. The Competition Policy Roots of Intellectual Property Law: A Reflection Antony Taubman
    7. Intellectual Property as a Tool of Product Differentiation, and the Role of Competition Policy: A Unifying Perspective Nuno Pires de Carvalho
    Part II. Sharpening the Focus: Sectoral Perspectives:
    8. Technical Standards, Intellectual Property and Competition – A Holistic View Nuno Pires de Carvalho
    9. Standard Setting Organizations and FRAND Licensing Jay P. Kesan and Carol Hayes
    10. Digital Disruption and the Reshaping of Markets for IP: What This Means for Trade and Competition Policy Antony Taubman
    11. Information and Communications Technologies: Bridging the Digital Divide through the Right Mix of Competition Policy and Intellectual Property Rohan Kariyawasam
    12. Patent Exhaustion and Seeds: Implications of the US Supreme Court Opinion in Bowman v. Monsanto (2013) Christoph Spennemann
    13. Competition Policy and Intellectual Property: Insights from Developed Country Experience F.M. Scherer and Jayashree Watal
    14. Competition Policy in Copyright Law Ariel Katz
    15. Copyright and Content Aggregation – Competition Law as an Engine of Licences Martin Senftleben
    16. Rethinking Trademarks and Competition: When is a Brand a Barrier to Market Entry? William van Caenegem
    Part III. Deepening the Dialogue: Comparative and Jurisdictional Analyses:
    17. Competition Agency Guidelines and Policy Initiatives Regarding Intellectual Property in the BRICS and Other Major Jurisdictions: A Comparative Analysis Robert D. Anderson, Jianning Chen, Anna Caroline Müller, Daria Novozhilkina, Philippe Pelletier, Antonella Salgueiro, Nivedita Sen and Nadezhda Sporysheva
    18. The Treatment of Patent Pools: Economic Underpinnings and Comparative Developments Robert D. Anderson, Giovanni Napolitano, Antonella Salgueiro and Nadezhda Sporysheva
    19. Competition Policy, Intellectual Property and Network Industries: Post-1995 Enforcement Experience in the US and EU Willard K. Tom and J. Clayton Everett
    20. Reverse Patent Settlement Agreements in the Pharmaceutical Sector: Enforcement and Regulatory Issues in a Comparative Perspective Robert D. Anderson, Anna Caroline Müller and Antonella Salgueiro
    21. Product Switching: Valid Commercial Strategy or Anti-Competitive Consumer Coercion? – A Legal and Comparative Perspective Antonella Salgueiro
    22. Enforcement of Competition Law in Relation to Intellectual Property in the European Union Pierre Arhel
    23. The Evolution of Unfair Competition Policy in Chile: Foundations, Enforcement Experience and Significance vis-à-vis Intellectual Property Rights Maximiliano Santa Cruz and Pilar Trivelli
    24. Competition Policy and Intellectual Property Rights: A Perspective from Pakistan Joseph Wilson
    Part IV. Drawing the Lessons: Towards International Policy Coherence:
    25. International Antitrust: Edging Towards a Global Framework with Our Feet on the Ground Eleanor M. Fox
    26. Time to Look Afresh at the International Dimension of Competition Policy and Intellectual Property? Some Concluding Observations Robert D. Anderson, Nuno Pires de Carvalho and Antony Taubman.

  • Editors

    Robert D. Anderson, University of Nottingham
    Robert D. Anderson is a former senior officer in the Intellectual Property, Government Procurement and Competition Division of the World Trade Organization (WTO) in Geneva, Switzerland.

    Nuno Pires de Carvalho, Licks Attorneys, Brazil
    Nuno Pires de Carvalho is a former Director of the Intellectual Property and Competition Policy Division of the World Intellectual Property Organization (WIPO), in Geneva, Switzerland.

    Antony Taubman, World Trade Organization
    Antony Taubman is Director of the Intellectual Property, Government Procurement and Competition Division of the World Trade Organization (WTO) in Geneva, Switzerland.

    Contributors

    Robert D. Anderson, Nuno Pires de Carvalho, Elena Cima, Antony Taubman, William E. Kovacic, Anna Caroline Müller, Jay P. Kesan, Carol Hayes, Rohan Kariyawasam, Christoph Spennemann, Ariel Katz, Martin Senftleben, Jianning Chen, Daria Novozhilkina, Philippe Pelletier, Antonella Salgueiro, Nivedita Sen, Nadezhda Sporysheva, Giovanni Napolitano, Willard K. Tom, J. Clayton Everett, Pierre Arhel, Maximiliano Santa Cruz, Pilar Trivelli, Joseph Wilson

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