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.

The Federal Antitrust Guidelines for the Licensing of Intellectual Property

The Federal Antitrust Guidelines for the Licensing of Intellectual Property PDF

Author:

Publisher: American Bar Association

Published: 2002

Total Pages: 158

ISBN-13: 9781590310793

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This is the second edition of the Antitrust Section's handbook on the Department of Justice and Federal Trade Commission's Antitrust Guidelines for the Licensing of Intellectual Property. Like its predecessor, this volume provides a description of the enforcement agencies' antitrust policy with respect to the licensing of patents, copyrights, trade secrets, and know-how. It also is updated to reflect the pertinent developments since the agencies issued their Guidelines seven years ago. Since 1995, the agencies have initiated a wide variety of enforcement actions involving intellectual property and have pursued claims ranging from alleged price fixing among patent holders to allegedly anticompetitive settlements of infringement litigation. This book discusses these enforcement actions and the recent judicial decisions in this area and also provides some historical perspective on the agencies' current policy with respect to the licensing of intellectual property. The book includes the complete text of the 1995 Department of Justice and Federal Trade Commission Antitrust Guidelines for the Licensing of Intellectual Property.

Research Handbook on Intellectual Property and Competition Law

Research Handbook on Intellectual Property and Competition Law PDF

Author: Josef Drexl

Publisher: Edward Elgar Publishing

Published: 2008

Total Pages: 490

ISBN-13: 9781845420475

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This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each co

Intellectual Property Law and Litigation

Intellectual Property Law and Litigation PDF

Author: Edward F. O'Connor

Publisher: American Bar Association

Published: 2009

Total Pages: 340

ISBN-13: 9781604425277

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This amusing and informative book is a combination of courtroom experiences and a discussion of intellectual property law and litigation principles. Anyone who needs to be conversant with the fundamental principles and language of intellectual property law will benefit from--and enjoy--this book. This book contains cases that O'Connor has actually tried or in which he has been involved--providing a real-world framework to make the principles easier to understand and remember.

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