By Nuno Pires de Carvalho
ISBN-10: 9041160426
ISBN-13: 9789041160423
Consumers could make offerings as a result of differentiation that's preserved by way of highbrow estate. festival legislations informs highbrow estate, regularly with the cause of making sure that it achieves this major function. even if, quite often, sure public guidelines in relation to pageant intervene with the way in which highbrow estate should still in most cases function, both with the aim of reinforcing its differentiating function, or with the target of filing it to different public targets – akin to entry to crucial items and prone, or in acceptance of events the place a given invention turns into a part of a technical ordinary or is deemed risky to healthiness or the environment.
This publication provides 80 circumstances that interpret many of the public rules that mildew the interface of highbrow estate legislation with pageant legislations (or antitrust). even though such a lot circumstances are from the us - which has built an drastically broad wealth of jurisprudence during this sector - there also are situations from the eu Union, the uk, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina.
The writer provides the instances lower than the subsequent common headings:
- • surroundings the correct dosage (i.e., averting an excessive amount of or too little highbrow property);
- • surroundings the factors of differentiation;
- • refusing to license highbrow property;
- • licensing (and assigning) highbrow property;
- • imposing highbrow estate rights;
- • remedies;
- • highbrow estate in sectors of unique public curiosity; and
- • technical standards.
Revealing in awesome intensity the tensions in the back of the values of the loose marketplace which highbrow estate serves and the diversity of responses those tensions impress, this ebook should be considered as a watershed source in regards to the ideas and guidelines that, occasionally coherently, occasionally now not, preside over the very advanced courting among highbrow estate and antitrust. it truly is certain to be enormously valued by means of all execs in either fields, from practitioners to policymakers, in addition to by means of academics.
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IP and Antitrust: The Competition Policies of Intellectual Property in Eighty Cases by Nuno Pires de Carvalho
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