In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.
Cases and Materials
Author: Christopher R. Leslie
Publisher: Oxford University Press, USA
As intellectual property has grown in importance, the interaction between antitrust law and intellectual property has developed into a crucial part of the legal landscape. This new text is the first casebook expressly designed for a course on the intersection of intellectual property and antitrust law or for an advanced seminar on intellectual property misuse. It may also suitable for supplemental use in a course on intellectual property, licensing or litigation. Written by a professor who has worked in both the antitrust and intellectual property fields for over two decades, the casebook addresses both the rights of authors and inventors and the interest of society in promoting competition, expanding its base of knowledge, improving technology, and protecting consumer welfare.
Cases and Materials
Author: Gary Myers
Publisher: West Academic Publishing
Whish and Bailey's Competition Law is the definitive textbook on this subject. The authors explain the purpose of competition policy, introduce the reader to key concepts and techniques in competition law and provide insights into the numerous different issues that arise when analysing marketbehaviour. Describing the law in its economic and market context, they particularly consider the competition law implications of business phenomena, including distribution agreements, licences of intellectual property rights, cartels, joint ventures, and mergers. The book assimilates a wide varietyof resources, including judgments, decisions, guidelines, and periodical literature. An authoritative treatment of competition law is paired with an easy-to-follow writing style to make this book a comprehensive guide to the subject, regularly used in universities, law firms, economic consultancies,competition authorities, and courts. Clear, detailed, and analytical, this is an unparalleled guide and stand-alone resource on competition law.
Author: Richard Whish,David Bailey
Publisher: Oxford University Press, USA
'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' – Graeme B. Dinwoodie, University of Oxford, UK 'This hybrid volume, part commentary, part primary sources, with questions to stimulate further thinking, serves both as a teaching tool and as a manual for lawyers who seek a comprehensive overview of EU intellectual property law. The book aims at a generalist legal audience, with very a helpful précis of international law, including the major multilateral treaties, as well as a summary of the EU legal framework that non-Europeans will find highly useful. The authors explore the full range of traditional and emerging IP rights. They also provide in-depth analysis of remedies and of the international private law issues that increasingly arise in contemporary complex IP litigation.' – Jane Ginsburg, Columbia Law School, US The first of its kind, this textbook has been carefully designed to give students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law. Providing a comprehensive overview of both community IP rights, and areas of IP law that have been harmonised, and supported by judicious use of extracts from the most significant source material, the book assists the reader in navigating through the increasingly complex European IP system. European Intellectual Property Law deals with European patent, trade mark and copyright law copyright, as well as with adjacent areas such as protection of plant varieties, geographical indications, industrial design, competition law, enforcement, and private international law, with a focus on the most relevant case law to be found in those areas. Key Features: • Written by two of the leading authorities in European IP law • Concise and readable style • Extracts from key source material • Questions designed to stimulate thinking around legal problems • Coverage of related areas adjacent to IP • Offers an overview on international IP protection and the interrelation between European law and IP law in general. This detailed book is designed for all courses on European intellectual property, whether basic or advanced, as well as for practitioners looking for a comprehensive and concise overview on the structure and content of European IP law.
Text, Cases and Materials
Author: Annette Kur,Max Planck,Thomas Dreier
Publisher: Edward Elgar Publishing
This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.
Market Separation under Article 102 TFEU
Author: Vasiliki Brisimi
Publisher: Bloomsbury Publishing
EC and UK Competition Law: Commentary, Cases and Materials offers a clear, concise and comprehensive account of the competition rules of the EC and the UK. EC Competition rules are an important source of consultation, increasingly serving as a model followed by many countries when adopting or developing competition rules within their domestic legal systems. This book offers a single up-to-date source of all the important cases, legislation and guidelines, clearly annotated and presented. With a detailed commentary and case studies (with model answers) throughout, this book eliminates the need for students to consult multiple sources. Key developments in EC and UK competition law are covered: Regulation 139/2004 and Guidelines on Horizontal Mergers; Regulation 772/2004 and Guidelines on Technology Transfer Agreements; the Enterprise Act 2002; and recent amendments to the Competition Act 1998. Recent EC and UK judgments and decisions are covered: Commission v Bayer; Michelin v Commission; VW v Commission; and the Microsoft decision.
Commentary, Cases and Materials
Author: Maher M. Dabbah
Publisher: Cambridge University Press
This book provides a full and clear exposition of the fundamentals of intellectual property law in the UK. It combines excerpts from cases and a broad range of secondary works with insightful commentary from the authors which will situate the law within a wider international context.
Author: Tanya Frances Aplin,Tanya Aplin,Jennifer Davis
Publisher: Oxford University Press
The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from two leading experts in the field. In this fast-paced subject area, Alison Jones and Brenda Sufrin carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. The text is accompanied by an Online Resource Centre containing: -An additional chapter on State Aid -An interactive map and timeline of the EU -Web links -Updates in the law
Text, Cases, and Materials
Author: Alison Jones,Brenda Sufrin
Publisher: Oxford University Press
Ideal for students taking a course on competition law in its European context, this book guides students through a wide range of carefully selected cases and materials with exceptional analysis and comment. The selection of writings has been chosen to present the most important perspectives onthe subject as well as the broader socio-economic context of EC competition law. This third edition has been fully updated with all the recent developments within EC Competition Law since 2004, including coverage of the review of Article 82 and the green paper on damages, as well as further information on US anti-trust law. Each chapter now begins with a 'central issues'section which helps students to focus and direct their learning. Editions are kept up-to-date via an accompanying Online Resource Centre which also contains relevant weblinks and material including an additional chapter on State Aids. Combining the strengths of a modern textbook and traditional materials book, Cases and Materials on EC Competition Law provides a wide-ranging and thorough guide to the study of Competition Law, enabling students to engage with both legal and economic aspects and making it ideal for both under andpostgraduate courses on EC Competition Law.
Text, Cases, and Materials
Author: Alison Jones,B. E. Sufrin
Publisher: Oxford University Press, USA
This edition of the book offers a comprehensive re-thinking of antitrust law, approaching competition problems in the market from a functional standpoint. The book has roots in prior editions, but it really offers a top-to-bottom reconsideration of how best to present modern issues in antitrust. After a brief introduction to the origins and objectives of antitrust law, the book launches the study of the field with a chapter on the concept of market power and the meaning of competition--building blocks that are essential to understanding everything else that follows in the course. It then devotes three chapters to the primary kinds of antitrust issues that arise from marketplace conduct: horizontal agreements among competitors, vertical distribution agreements, and exclusionary practices (whether done by a single firm or a group). Because of their importance to the economy, as well as to antitrust practice, mergers have their own chapter, which provides not only the important judicial opinions in this area, but also extensive materials from the Department of Justice and the Federal Trade Commission, the primary regulators of merger activity. The book then turns to two specialized issues that are of growing importance: the way in which U.S. antitrust laws operate in the global economy, and an innovative new chapter on intellectual property, technology, and platforms. It concludes with a chapter discussing the legal boundaries around the field of antitrust, including exemptions and immunities, and a chapter on the institutional framework for enforcement--the framework that translates words on a page into reality on the ground. The Seventh Edition retains and, where appropriate, adds to, the problems that have been a feature of this book for decades. To maximize instructor flexibility, the problems for each topic now appear at the end of the chapter.
Author: Arthur Melamed,Randal C. Picker,Diane P. Wood,Philip J. Weiser
Publisher: Foundation Press
Category: Antitrust law
Known for its broad, accessible coverage of both traditional and cutting-edge issues, Intellectual Property in the New Technological Age is the cornerstone of a proven teaching package. Strengthened and refined through years of successful classroom use, The casebook: covers the full range of legal protections for intellectual property: trade secret, patent law, copyright law, trademarks/trade dress, state and federal intellectual property protections, protections for computer software, and a general overview of antitrust law integrates cases and materials with challenging practice problems is enriched by a law and economics perspective that provides students with an analytical tool for a meaningful examination of the subject offers outstanding treatment of new media issues, such as computer software is reinforced by an annual statutory and case supplement which includes an introduction to biotechnology as well as all of the latest legal developments in IP features an extremely helpful Teacher's Manual with alternative syllabi for teaching the book in three- and four-credit comprehensive courses Look for this important new material in the Fourth Edition: coverage of the Supreme Court's decision in Ebay v. MercExchange and its effect on patent remedies many new problems and updated references to scholarly literature Companion Website: https://www.law.berkeley.edu/institutes/bclt/pubs/ipnta/
Author: Robert P. Merges,Peter Seth Menell,Mark A. Lemley
Publisher: Aspen Publishers
The Sixth Edition has been comprehensively updated to take account of new judicial, legislative, and scholarly developments in all areas of intellectual property law--trademark, copyright, and patent, and also idea protection, trade secrets, right of publicity, and other areas. It provides cases and notes on emerging First Amendment limitations on federal and state intellectual property rights and addresses emerging trends in Lanham Act section 43(a) and newly revised provisions of federal anti-dilution law. Other highlighted topics include the Internet and domain names, secondary liability, safe harbors, and anti-circumvention provisions; expanded coverage of software protection and business method patents; and notes comparing U.S. intellectual property doctrines to rules in other countries. In the Sixth Edition the materials on trademark and unfair competition have been reorganized, as have the materials on federal preemption of state law.
Cases and Materials on the Law of Intellectual Property
Author: Paul Goldstein,R. Anthony Reese
An Analysis of Antitrust Principles Applied to Intellectual Property Law
Publisher: Aspen Publishers Online
Publisher: American Bar Association
This casebook presents the basic principles of Trademark and Unfair Competition law and procedure, including expert legal analysis. It devotes separate chapters to acquisition of trademark rights; registration of trademarks; loss of trademark rights; infringement of trademarks, including a distinct section on defenses to infringement. The materials on 43(a) highlight both trade dress cases and false advertising cases. The Fourth Edition also amplifies the materials on the relationship of trademarks and freedom of expression. The Fourth Edition brings this casebook up-to-date, including recent cases and legislation, such as the 2006 Trademark Dilution Revision Act. Several chapters have been reorganized, among other things, to take into account the impact of the Internet on almost every aspect of trademark law. The Fourth Edition also emphasizes the international dimension of trademarks by interweaving throughout the book cases and materials addressing problems of extraterritoriality, rather than confining them to a concluding chapter.
cases and materials
Author: Jane C. Ginsburg,Jessica Litman,Mary L. Kevlin
Publisher: Foundation Pr
"The second edition of this casebook provides a wide-ranging and well-balanced selection of cases and materials from law reports, scholarly articles, academic textbooks and statutes, in a conveniently accessible form. The author's overall aim is to provide a high-quality selection of extracts which describe and critique intellectual property law rather than simply to state the law."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: David I. Bainbridge
Publisher: Longman Publishing Group
This book results from a conference held in Singapore in September 2009 that brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement) and competition laws (sometimes due to the World Bank, International Monetary Fund or free trade agreements). It would be naïve to think that laws, even if similar on the surface, have the same goals or can be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances and differing legal and political institutions. To set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and Bill Kovacic look at the intersection of intellectual property and competition laws in the United States. Next are country chapters on Asia, each jointly authored by a lawyer and an economist. The country chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyse the case law in the area, and make policy prescriptions.
Author: R Ian McEwin
Publisher: Bloomsbury Publishing
Intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating, in contrast to much received wisdom, the intrinsic pro-competitive nature of intellectual property and of industrial property in particular.
Author: Nuno Pires de Carvalho
Publisher: Kluwer Law International B.V.
Written for technology professionals and business managers/owners alike, this new, easy-to-understand book provides you with a comprehensive overview of the key legal and economic issues that affect rights of access and use for intellectual property and knowledge assets, with special emphasis on computer software, Internet content, and digital media. It is the first book to address management of both traditional intellectual property and the broader set of knowledge assets in a single resource. It presents these subjects in a style appropriate for a wide range of practitioners who are not intellectual property or knowledge management specialists, and approaches the challenge of managing these assets from a multidisciplinary perspective.
Author: Jeffrey H. Matsuura
Publisher: Artech House