Patent Misuse and Antitrust Law

Patent Misuse and Antitrust Law PDF

Author: Daryl Lim

Publisher: Edward Elgar Publishing

Published: 2013-10-31

Total Pages: 510

ISBN-13: 0857930184

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This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before.

Antitrust, Patents, and Copyright

Antitrust, Patents, and Copyright PDF

Author: François Lévêque

Publisher: Edward Elgar Publishing

Published: 2005-01-01

Total Pages: 262

ISBN-13: 9781781008041

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In modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation. Antitrust and intellectual property policies for the most part are complementary, sharing common goals of promoting innovation and economic welfare. In some cases, however, their distinct approaches, one based on competition and the other on exclusion, come into conflict. As antitrust authorities focus increasingly on ensuring that firms do not interfere with innovation by rivals or impede the pace of technological progress in an industry, they necessarily must confront difficult questions about the strength and scope of intellectual property rights. When should private property rights give way to public competition objectives? When is it appropriate to remedy anticompetitive outcomes through access to protected intellectual property? How does antitrust enforcement or competition itself affect incentives to innovate? Leading economists and lawyers address these questions from both US and EU perspectives in discussing salient antitrust cases involving intellectual property rights such as Microsoft, Magill, Kodak, IMS and Intel.

Patent Remedies and Complex Products

Patent Remedies and Complex Products PDF

Author: C. Bradford Biddle

Publisher: Cambridge University Press

Published: 2019-06-27

Total Pages: 379

ISBN-13: 1108426751

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Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

To Promote Innovation

To Promote Innovation PDF

Author: United States. Federal Trade Commission

Publisher: DIANE Publishing

Published: 2003

Total Pages: 315

ISBN-13: 1428952748

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Innovation benefits consumers through the development of new and improved goods, services, and processes. Competition and patents stand out among the federal policies that influence innovation. Both competition and patent policy can foster innovation, but each requires a proper balance with the other to do so. This report by the Federal Trade Commission discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy.

Intellectual Property Misuse

Intellectual Property Misuse PDF

Author:

Publisher: American Bar Association

Published: 2000

Total Pages: 262

ISBN-13: 9781570738364

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Misuse is an increasingly important topic because of the central role intellectual property plays in our economy. The consequences of a misuse finding are severe: unenforceability of the patent or copyright involved, and defense to a suit to recover royalties in a license. The defense continues to arise in patent cases, has led to the dismissal of several recent copyright cases, and is now being asserted in trademark cases. The misuse defense thus represents a nexus of intellectual property and antitrust law and has the potential to affect business practices involving computer copyrights and other areas highly relevant in today's economic environment. This timely handbook covers the origin and development of the misuse doctrine, the debate about its scope and existence in relation to antitrust law, and its present status in patent, copyright, and trademark law. It also gives practical insights into how the doctrine affects both licensing and litigation practice.

Antitrust Guidelines for the Licensing of Intellectual Property

Antitrust Guidelines for the Licensing of Intellectual Property PDF

Author: U S Department of Justice

Publisher: Legare Street Press

Published: 2022-10-27

Total Pages: 0

ISBN-13: 9781017750751

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.