Competition Policy and Intellectual Property in Today's Global Economy

Examines the positive linkage between intellectual property and competition in jurisdictions around the world, surveying developments from a comparative perspective.

Robert D. Anderson (Edited by), Nuno Pires de Carvalho (Edited by), Antony Taubman (Edited by)

9781107194366, Cambridge University Press

Hardback, published 5 August 2021

920 pages
23.4 x 15.7 x 4.8 cm, 1.54 kg

The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

1. Introduction: Towards a Fresh Contribution to a Critical Policy Dialogue Robert D. Anderson, Nuno Pires de Carvalho, Elena Cima and Antony Taubman
Part I. Setting the Scene: Evolution of Key Principles and International Dialogue: 2. The Application of Competition Policy vis-à-vis Intellectual Property Rights: The Evolution of Thought Underlying Policy Change Robert D. Anderson and William E. Kovacic
3. The WTO TRIPS Agreement as a Platform for Application of Competition Policy to the Contemporary Knowledge Economy Robert D. Anderson, Anna Caroline Müller and Antony Taubman
4. Competition Policy in WIPO's Development Agenda Nuno Pires de Carvalho
5. Fair Enough? Reconciling Unfair Competition with Competition Policy Antony Taubman
6. The Competition Policy Roots of Intellectual Property Law: A Reflection Antony Taubman
7. Intellectual Property as a Tool of Product Differentiation, and the Role of Competition Policy: A Unifying Perspective Nuno Pires de Carvalho
Part II. Sharpening the Focus: Sectoral Perspectives: 8. Technical Standards, Intellectual Property and Competition – A Holistic View Nuno Pires de Carvalho
9. Standard Setting Organizations and FRAND Licensing Jay P. Kesan and Carol Hayes
10. Digital Disruption and the Reshaping of Markets for IP: What This Means for Trade and Competition Policy Antony Taubman
11. Information and Communications Technologies: Bridging the Digital Divide through the Right Mix of Competition Policy and Intellectual Property Rohan Kariyawasam
12. Patent Exhaustion and Seeds: Implications of the US Supreme Court Opinion in Bowman v. Monsanto (2013) Christoph Spennemann
13. Competition Policy and Intellectual Property: Insights from Developed Country Experience F.M. Scherer and Jayashree Watal
14. Competition Policy in Copyright Law Ariel Katz
15. Copyright and Content Aggregation – Competition Law as an Engine of Licences Martin Senftleben
16. Rethinking Trademarks and Competition: When is a Brand a Barrier to Market Entry? William van Caenegem
Part III. Deepening the Dialogue: Comparative and Jurisdictional Analyses: 17. Competition Agency Guidelines and Policy Initiatives Regarding Intellectual Property in the BRICS and Other Major Jurisdictions: A Comparative Analysis Robert D. Anderson, Jianning Chen, Anna Caroline Müller, Daria Novozhilkina, Philippe Pelletier, Antonella Salgueiro, Nivedita Sen and Nadezhda Sporysheva
18. The Treatment of Patent Pools: Economic Underpinnings and Comparative Developments Robert D. Anderson, Giovanni Napolitano, Antonella Salgueiro and Nadezhda Sporysheva
19. Competition Policy, Intellectual Property and Network Industries: Post-1995 Enforcement Experience in the US and EU Willard K. Tom and J. Clayton Everett
20. Reverse Patent Settlement Agreements in the Pharmaceutical Sector: Enforcement and Regulatory Issues in a Comparative Perspective Robert D. Anderson, Anna Caroline Müller and Antonella Salgueiro
21. Product Switching: Valid Commercial Strategy or Anti-Competitive Consumer Coercion? – A Legal and Comparative Perspective Antonella Salgueiro
22. Enforcement of Competition Law in Relation to Intellectual Property in the European Union Pierre Arhel
23. The Evolution of Unfair Competition Policy in Chile: Foundations, Enforcement Experience and Significance vis-à-vis Intellectual Property Rights Maximiliano Santa Cruz and Pilar Trivelli
24. Competition Policy and Intellectual Property Rights: A Perspective from Pakistan Joseph Wilson
Part IV. Drawing the Lessons: Towards International Policy Coherence: 25. International Antitrust: Edging Towards a Global Framework with Our Feet on the Ground Eleanor M. Fox
26. Time to Look Afresh at the International Dimension of Competition Policy and Intellectual Property? Some Concluding Observations Robert D. Anderson, Nuno Pires de Carvalho and Antony Taubman.

Subject Areas: Intellectual property law [LNR], Competition law / Antitrust law [LNCH], Company, commercial & competition law [LNC], International economic & trade law [LBBM], Public finance [KFFD], Public administration [JPP]