IP and Antitrust. The Competition Polices of Intellectual Property in Eighty Cases

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.