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Undeniably widespread and powerful as it is, the Internet is not almighty: it can reach as high as the skies (cloud computing), but it cannot escape competition. Yet, safeguarding competition in “the network of networks” is not without challenges: not only are competitive processes in platform-based industries complex, so is competition law analysis. The latter is often challenged by the difficulties in predicting the outcome of competition, in particular in terms of innovation. Do the specific competition law issues in a digital environment presuppose a reconsideration of competition law concepts and their application? Can current competition law tools be adjusted to the rush pace of dynamic industries? To what extent could competition law be supplemented by regulation – is the latter a foe or rather an ally? This book provides an analysis of recent developments in the most relevant competition law cases in a digital environment on both sides of the Atlantic (the EU and the US) and assesses platform competition issues from a legal as well as an economic point of view.
This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.
Undeniably widespread and powerful as it is, the Internet is not almighty: it can reach as high as the skies (cloud computing), but it cannot escape competition. Yet, safeguarding competition in “the network of networks” is not without challenges: not only are competitive processes in platform-based industries complex, so is competition law analysis. The latter is often challenged by the difficulties in predicting the outcome of competition, in particular in terms of innovation. Do the specific competition law issues in a digital environment presuppose a reconsideration of competition law concepts and their application? Can current competition law tools be adjusted to the rush pace of dynamic industries? To what extent could competition law be supplemented by regulation – is the latter a foe or rather an ally? This book provides an analysis of recent developments in the most relevant competition law cases in a digital environment on both sides of the Atlantic (the EU and the US) and assesses platform competition issues from a legal as well as an economic point of view.
Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.
In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.
The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden 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 considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.
We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.

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