Innovation, Startups and Intellectual Property Management

Innovation, Startups and Intellectual Property Management PDF

Author: Ignacio De Leon

Publisher: Springer

Published: 2017-05-17

Total Pages: 177

ISBN-13: 3319549065

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This book identifies the potential of intellectual property as a competitive asset for Latin American firms. The authors employ a cognitive approach that involves identifying why small firms are reluctant to register patents, resorting rather to alternative IP competitive strategies. This, in turn, results in the undercapitalization of intellectual assets, thus creating hurdles for the development of capital venture markets. Using new data gathered from highly innovative SMEs in Latin America and the Caribbean, the authors bring a fresh cognitive approach towards understanding the institutional role of intellectual property, and outline various new policy recommendations.

The Enforcement of Competition Policy on Intellectual Property and Its Implications on Economic Development

The Enforcement of Competition Policy on Intellectual Property and Its Implications on Economic Development PDF

Author: Ignacio De Leon

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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This paper explores the limitations of the current patent system regulating inventions, by contending that in its current form, such regulation is bound to create legal monopolies and entry barriers to potential competitors. Thus, the paper explains why the law should adopt a different pro-competitive approach towards the assignment of these rights. Our hypothesis is that the flaws on the regulatory system created by patents stems from a misunderstanding of the role they play in promoting entrepreneurship on individuals, and indeed, on a contrived "static" view of market functioning, which does not correspond to reality. Hence, there is an inclination among scholars to confuse the core protected by patents (entrepreneurial inventiveness) with an alleged natural right to what is mistakenly taken as a form of "intangible property." This confusion leads regulators to grant extensive legal temporal monopolies, thereby denying the access of potential competitors to use the ideas protected by patents, in their own innovation process. Thus, rather than protecting entrepreneurship, the current legal system is prone to stifle competition and innovation. The conclusion of this paper is that regulators should consider their knowledge limitations to devise optimal legal monopolies such as patents, and instead, should leave entrepreneurs the responsibility of deciding when and how should they make "public" the ideas embedded in their inventions. The paper explores these ideas in the context of the Latin American experience, and highlights some of the problems to be tackled in order to improve policymaking in the region. In particular, this paper outlines the present dilemmas placed on young Latin American competition policy enforcing agencies.

Competition Policy Control Over Intellectual Property Abuses

Competition Policy Control Over Intellectual Property Abuses PDF

Author: Ignacio De Leon

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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This paper describes the interaction between Intellectual Property (IP) protection and competition policy in Latin America, as well as the institutional difficulties of Latin American countries in making progress towards an increased control of IP abuses. The first part gives a summary of the current state of IP protection in the region; the second part, highlights areas of interaction between IP protection and competition policy; the third part explores some of the institutional problems undermining the capacity of competition agencies to effectively redress IP competitive abuses.

The Interplay Between Competition Law and Intellectual Property

The Interplay Between Competition Law and Intellectual Property PDF

Author: Gabriella Muscolo

Publisher: Kluwer Law International B.V.

Published: 2019-01-17

Total Pages: 566

ISBN-13: 9041186905

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Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields

Competition Law and Policy in Latin America

Competition Law and Policy in Latin America PDF

Author: Eleanor Fox

Publisher: Hart Publishing

Published: 2009-08-01

Total Pages: 522

ISBN-13: 9781841138824

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This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

Competition Law and Policy in Latin America

Competition Law and Policy in Latin America PDF

Author: Eleanor M. Fox

Publisher:

Published: 2015

Total Pages: 0

ISBN-13:

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This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to address anti-competitive conduct effectively. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies and their global competitiveness, and to improving the welfare of domestic consumers. This book provides new region-specific insights into how better to achieve these aims.

Balancing Wealth and Health

Balancing Wealth and Health PDF

Author: Rochelle Dreyfuss

Publisher:

Published: 2014

Total Pages: 369

ISBN-13: 0199676747

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"The research strategy, concepts, and methodologies developed in this book repay careful consideration not only for fruitful deployment to examine dynamics of health and intelectual property in other regions, but also for generating innovative insights in other fields of global regulatory governance"--Foreword.