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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law
Creators and creative industries are struggling to navigate the digital age. Intellectual property rights, including copyrights, trademarks, and patents, offer invaluable tools to help creative industries remain viable and sustainable. But to be fully effective, they must be considered as part of a greater ecosystem. Cultivating Copyright offers a framework for tailoring flexible strategies and adaptive solutions suited to diverse creative industries. Tailored solutions entail change on four fronts: business models and strategies, legal policies and practices, technological measures, and cultural and normative features. Creating strong creative industries through tailored solutions serves critical functions: promoting richly varied artistic endeavors and supporting democratic flourishing.
In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider's review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a 'warts and all' analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.
This book examines some of the intriguing notions of the complex antitrust-intellectual property interface, focusing primarily on property and dynamic economic doctrines. The extensive discussion addresses antitrust patterns of unilateral behaviour and the intellectual property (IP) institutions of patents and copyright. The author provides a comprehensive evaluation of the intricacies of antitrust and IP from a broad legal, philosophical and economic perspective. In the economic context she considers the Chicago and Austrian schools of market theory, whilst on the legal and philosophical level she explores antitrust and IP doctrines through the lenses of property, philosophy of rights and history. In this way the reader gains a deeper understanding of the antitrust and IP crossroads, an area that is growing in importance as information plays an ever-increasing role in today's markets. This book provides an original theoretical appraisal of the complex issues that arise when antitrust and IP considerations seem to be at odds with one another. It offers an interesting and viable alternative to the Chicago school of antitrust, and makes a significant practical contribution to the Austrian school of economics. Lawyers, industrial economists and academics working on IP, antitrust and competition will all find this to be an informative and highly rewarding volume. It will also be a good source of reference for anyone interested in the philosophy of property rights.
A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties. Examining the evolving activities in the international arena, especially debates and new IP rules concerning or impinging on creativity and innovation, consumer choice, trade, economics, social welfare and culture, this innovative textbook considers how these activities interact with developments at regional and domestic levels. Key Features include: Presentation of IP law in a global context, uniquely organised by theme as opposed to by type of IPR for accessibility and ease of learning a comprehensive commentary guiding students through international, regional and comparative IP law examination of the impact of IP on the international stage an interdisciplinary approach considering the global influence of IP in respect of trade, development, law, economics, technology, human rights and biological and cultural diversity, providing readers with extensive knowledge of IP law's reach A key resource for IP courses with a global outlook, Dutfield and Suthersanen on Global Intellectual Property Law will also be of great interest to a number of global institutions. Acclaim for the first edition: 'Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book's detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues.' - Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, China
In our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these "data cartels", demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. Just a few companies dominate most of our critical informational resources. Often self-identifying as "data analytics" or "business solutions" operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they're doing is perfectly legal. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals.
This three-volume collection comprises a selection of research articles and papers on geographical indications by the leading academics in this field. The collection examines the functions and economic underpinnings of this form of product designation, together with the various forms of legal protection of geographical indications, both national and international. It contains a number of contributions that examine the potential impacts of geographical indications in developing countries, which explore this form of marketing through case studies. With an original introduction by the editor Michael Blakeney, these volumes are an excellent reference for scholars and researchers in this field.
This important research Handbook brings together a set of illuminating works by the field's leading scholars to comprise one of the broadest and most far-reaching overviews of trademark law issues. Organized around three areas of inquiry, the book starts by offering a rich variety of methodological perspectives on trademark law. Reflecting the multifaceted nature of contemporary trademarks, contributors have drawn from law and economics, political science, semiotic theory, and history. The Handbook goes on to survey trademark law's international landscape, addressing indigenous cultural property, human rights issues, the free movement of goods, and the role of substantive harmonization. It concludes with a series of forward-looking perspectives, which focus on trademark law's intersection with the laws of advertising and free speech, copyright law, cyberspace regulation, and design protection. Discussing critical future issues regarding trademark protection and its relationship with other social policies, this Handbook will be of great interest to legal scholars, trademark lawyers and law students. It will also be of interest to academics in marketing, business, consumer psychology, and economics
For developing countries, the concept of sustainable development, as opposed to rapid pockets of development, embodies great promise for socio-political reasons. Most analyses of development, however, have focused on either trade mechanisms or intellectual-property regimes, which has resulted in overly narrow and sometimes paradoxical conclusions, with corresponding policy measures that have promised far more than they can deliver. While each of these mechanisms has benefits and disadvantages, questions about how they would interact and what kind of results they produce remain largely unexplored. Similarly, almost all of these regimes provide generalized solutions that developing countries tend to denounce as ill-fitting. There are several flexibilities that can be used as effective tools, but knowing which flexibility applies best to what context remains contentious. In Patent and Trade Disparities in Developing Countries, Srividhya Ragavan examines the interaction between trade and intellectual property regimes (using the patent regime in India as the focal point) in an integrated developmental framework to determine whether and how sustainable economic growth can be achieved in developing countries. This book examines a number of important questions: Is compulsory licensing the best way to provide access to medication or is patent protection more efficient? Should innovation in plant breeding be protected at all? If so, should it be using patents or a sui generis mechanism?
Three major contributions [of Patents Misuse and Antitrust Law] stand out. First, it illustrates as well as any other work how to bridge the study of antitrust law and patent law... A second and related feature is Professor Lim's excellent use of historical narratives to show how patent misuse concepts have developed over time... A third impressive dimension is its powerful empirical orientation. Professor Lim combines a comprehensive examination of misuse cases with extensive interviews to demonstrate how theory meets practice. In these respects and others, Patent Misuse and Antitrust Law broadens and extends the emerging path of a refreshing new scholarship that links antitrust and patent law. --From the foreword by Prof. William E. Kovacic, former Chairman of the Federal Trade Commission, Global Competition Professor of Law and Policy, George Washington University Law School 'The age old debate as to whether patents are simply a property right in that any trespassing on the property should be punishable, or whether they are tools of economic policy so that questions of misuse can arise when they are not used to encourage commercial developments of new products, has become heated with the advent of patent assertion entities and the problems that arise when use of a patented invention is necessary to comply with an industry standard. Daryl Lim's timely book provides a sober background against which to consider such ideas and possible expansion of types of action that may give rise to claims of patent misuse in the future.' - John Richards, Partner, Ladas & Parry, LLP This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in increasingly complex environments that demand a clear understanding of where illegality ends and legitimate corporate strategy begins. The book is an essential resource for the curious, the expert and all those engaged in deciding what patent misuse means and should mean today. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today's leading practitioners, judges, government officials and academics. It also presents a qualitative analysis of modern misuse case law spanning 1953 to 2012. The result is a compelling account that lays out an important doctrinal, policy and empirical framework for future cases and scholarship. Patent law students and scholars will find the author's comprehensive study of popular and actual perceptions of the misuse doctrine a valuable resource, while practitioners, government officials and judges will appreciate the predictive value of the author's findings. Contents: Foreword by William E. Kovacic Preface Prologue Introduction 1. Misuse and Antitrust 2. A Brief History of Patent Misuse 3. The Anatomy of a Defense 4. Key Objections 5. Rethinking the Future of Patent Misuse 6. The Empirical Landscape of Misuse 7. Charting the Scope of Patent Misuse 8. Conclusion Index
In this detailed yet readable legal analysis, the authors thoroughly evaluate the connections between intellectual property and the sports and entertainment industries, covering everything from copyrights and patents to trademarked logos and marketing strategies. This complete survey of intellectual property law in the sports and entertainment industries evaluates the key connections between these arenas and provides an overview of trademark law for sports. The authors clearly explain the rights of publicity and privacy for entertainers and athletes, the ethical considerations involved in obtaining and using intellectual property, and how licensing agreements relate to intellectual property law. The detailed, up-to-date legal analyses are written by practitioners in the field for those without legal expertise, yet still contain useful information to the legal community. The book covers all forms of intellectual property, including copyright, patents, trademarks, trade dress, trade secrets, and the right of publicity. It will also discuss marketing, broadcasting, films and books, sports equipment, international considerations and trade issues, and intellectual property in cyberspace. Provides a complete survey of intellectual property law in the sports and entertainment industries including copyright, patents, trademarks, trade dress, trade secrets, and the right of publicity Fills a growing need for information about entertainment-specific intellectual property law as entertainment programs at the universities and law schools are increasing at both the undergraduate and graduate levels Addresses the specific challenges and issues brought about by various forms of digital technology
The concept of the cultural commons has become increasingly important for legal studies. Within this field, however, it is a contested concept: at once presented as a sphere for creativity, democratic access and freedom of speech, but one that denies property rights and misappropriates the public domain. In this book, Merima Bruncevic takes up the cultural commons not merely as an abstract notion, but in its connection to physical spaces such as museums and libraries. A legal cultural commons can, she argues, be envisioned as a lawscape that can quite literally be entered and engaged with. Focusing largely on art in the context of the copyright regime, but also addressing a number of cultural heritage issues, the book draws on the work of Deleuze and Guattari in order to examine the realm of the commons as a potential space for overcoming the dichotomy between the owner and the consumer of culture. Challenging this dichotomy, it is the productive and creative potential of law itself that is elicited through the book's approach to the commons as the empirical basis for a new legal framework, which is able to accommodate a multitude of interests and values.
The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis. The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand. Researchers and scholars who are interested in international IP law and its applications will find this to be a valuable resource. Policy makers will also benefit from the contributors' insights on whether law reforms in their home jurisdictions have been effective and how these laws interact with the international IP system.
This monograph aims to provide an in-depth analysis of the legal protection of the private equity (PE) investors in China. In an academic sense, this research mainly focuses on the agency problems in the life cycle of PE investment under the business organization law system in China. Briefly speaking, the agency problems of PE investment derive from the two-level separation of ownership and control, one of which is the principal-agent relationship between the PE investors and the fund manager, and the other is the principal-agent relationship between the PE shareholders and the management of investee companies. It is the first research to provide an in-depth examination on the investor protection in the PE investment under the business organization law system in China.
This book is the first of its kind to chart the terrain of contemporary India's many place names. It explores different 'place connections', investigates how places are named and renamed, and looks at the forces that are remaking the future place name map of India. Lucid and accessible, this book explores the bonds between names, places and people through a unique amalgamation of toponomy, history, mythology and political studies within a geographical expression. This volume addresses questions on the status and value of place names, their interpretation and classification. It brings to the fore the connections between place names and the cultural, geographical and historical significations they are associated with. This will be an essential read for scholars and researchers of geography, law, politics, history and sociology, and will also be of interest to policy-makers, administrators and the common reader interested in India.
Exploring the potential for alignment as well as conflicts between IP and climate change, Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. It argues that intellectual property confers private rights on the results of innovation and creativity, while climate change law and policy exists more in the public sphere without engagement with intellectual property, with no space for the conflict between this private power and public goal to be investigated in litigation. This thought-provoking book will be of great interest to scholars working in the fields of IP, climate change law, human rights, and planning and sustainable development, challenging the assumption that some problems are dealt with only through consideration of certain areas of the law. Proposing new processes for policy and law making in order to remove barriers between these fields, Intellectual Property, Climate Change and Technology will also be a valuable resource for members of parliament and policy makers.
Content protection and digital rights management (DRM) are fields that receive a lot of attention: content owners require systems that protect and maximize their revenues; consumers want backwards compatibility, while they fear that content owners will spy on their viewing habits; and academics are afraid that DRM may be a barrier to knowledge sharing. DRM technologies have a poor reputation and are not yet trusted. This book describes the key aspects of content protection and DRM systems, the objective being to demystify the technology and techniques. In the first part of the book, the author builds the foundations, with sections that cover the rationale for protecting digital video content; video piracy; current toolboxes that employ cryptography, watermarking, tamper resistance, and rights expression languages; different ways to model video content protection; and DRM. In the second part, he describes the main existing deployed solutions, including video ecosystems; how video is protected in broadcasting; descriptions of DRM systems, such as Microsoft's DRM and Apple's FairPlay; techniques for protecting prerecorded content distributed using DVDs or Blu-ray; and future methods used to protect content within the home network. The final part of the book looks towards future research topics, and the key problem of interoperability. While the book focuses on protecting video content, the DRM principles and technologies described are also used to protect many other types of content, such as ebooks, documents and games. The book will be of value to industrial researchers and engineers developing related technologies, academics and students in information security, cryptography and media systems, and engaged consumers.
Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.
There is much current controversy over whether the rights to seeds or plant genetic resources should be owned by the private sector or be common property. This book addresses the legal and policy aspects of the multilateral seed management regime. First, it studies in detail the International Treaty on Plant Genetic Resources for Food and Agriculture (the Treaty) in order to understand and identify its dysfunctions. Second, it proposes solutions - using recent developments of the "theory of the commons" - to improve the collective seed management system of the Treaty, a necessary condition for its member states to reach the overall food security and sustainable agriculture goals. Redesigning the Global Seed Commons provides a significant contribution to the current political and academic debates on agrobiodiversity law and governance, and on food security and food sovereignty, by analyzing key issues under the Treaty that affect the design and implementation of regulatory instruments managing seeds as a commons. It also examines the practical, legal, political and economic problems encountered in the attempt to implement these obligations in contemporary settings. In particular, it considers how to improve the Treaty implementation by proposing ways for Contracting Parties to better reach the Treaty's objectives taking a holistic view of the human-seed ecosystem. Following the tenth anniversary of the functioning the Treaty's multilateral system of access and benefit-sharing, which is currently under review by its Contracting Parties, this book is well-timed to examine recent developments in the field and guide the current review process to design a truly Global Seed Commons.
An authoritative, accessible guide to administering an estate The majority of applications for probate that follow someone's death can be dealt with inexpensively by any reasonably intelligent person with time available and a little guidance. This easy-to-follow book clearly explains all the information you need to administer the deceased's estate, from dealing with the urgent practical matters to preparing and submitting the relevant forms, paying inheritance tax, and distributing the estate. You'll find specimen forms and letters and a list of useful addresses that will enable you to deal with it all yourself. Contents: Preface; 1. What is probate, when is it necessary and what is involved? 2. Who can and should wind up the estate; 3. Getting started; 4. Next steps; 5. From preparing and submitting the forms to distributing the estate; 6. Distributing the estate; Appendices: 1. Specimen forms and letters; 2. Useful addresses; 3. Glossary; Index.
Photographers and publishers of photographs enjoy a wide range of legal rights including freedom of expression and of publication. They have a right to create and publish photographs. They may invoke their intellectual, moral and property rights to protect and enforce their rights in their created and/or published works. These rights are not absolute. This book analyses the various legal restrictions and prohibitions, which may affect these rights. Photography and the Law investigates the legal limitations faced by professional and amateur photographers and photograph publishers under Irish, UK and EU Law. Through an in-depth discussion of the personal rights of the public, including the right not to be harassed, the book gives a clear analysis of the current legal standpoint on the relationship between privacy and freedom of expression. Additionally, the book looks at the reconciliation of photographers' rights with the state's interest in public security and defence, alongside the enforcement of ethical and moral codes. Comparative legal standing in the European Union is used as a springboard to further analyse Irish and UK statutes and case law, including recent reforms and current proposals for future change. The book ends with pertinent suggestions of the necessary reforms and enactments required to rebalance the relationship between the personal rights of individuals, the state's duties and the protection of photographers' and photograph publishers' rights. By clearly explaining the theoretical and conceptual reasoning behind the current law, alongside proposed reforms, the book will be a useful tool for any student or academic interested in photography law, privacy and media law, alongside professional and amateur photographers and photograph publishers.
Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.
America loves innovation and the can-do spirit that made this country what it is-a world leader in self-government, industry, technology, and pop culture. Everything about America has been an experiment and a leap of faith. And one such experiment-upon which all others depend for success-is the U.S. Patent System. Why Has America Stopped Inventing? takes a close look at why this experiment appears to be failing, and why America has all but stopped inventing. Our belief that we are the most innovative people on earth is mistaken. Statistics show that today we invent less than half of what our counterparts did a century and a half ago. Look around: Where are the groundbreaking inventions comparable to those from the Industrial Revolution? It's unforgivable that we've been using the same mode of transportation for over a century. Why are we giving trillions of dollars every year to hostile foreign nations for imported oil when we have the inventive talent in America to solve the nation's energy crisis? We don't have these desperately needed technologies because regular Americans have given up on inventing. Why Has America Stopped Inventing? compares some of America's most successful 19th century inventors with those of today, showing Jefferson refusing to waste any more weekends examining patent applications, Whitney being robbed of his fortune while the South's wealth exploded, the patent models that kept British soldiers from burning Washington's last-standing federal building, the formation of Lincoln's cabinet, and Selden crippling the entire U.S. Auto Industry. It also tells the largely unforgotten stories of the Wright brother's airplane monopoly, the Colt revolver's role in the Mexican American War, the Sewing Machine wars, the last six months of Daniel Webster's life, and the controversy surrounding the first telephone patents.
View the Table of Contents. aThis comprehensive analysis of privacy in the information age
challenges traditional assumptions that breeches of privacy through
the development of electronic dossiers involve the invasion of
oneas private space.a "The Digital Person challenges the existing ways in which law
and legal theory approach the social, political, and legal
implications of the collection and use of personal information in
computer databases. Solove's book is ambitious, and represents the
most important publication in the field of information privacy law
for some years." "Anyone concerned with preserving privacy against technology's
growing intrusiveness will find this book enlightening." "Solove . . . truly understands the intersection of law and
technology. This book is a fascinating journey into the almost
surreal ways personal information is hoarded, used, and abused in
the digital age." "Daniel Solove is one of the most energetic and creative
scholars writing about privacy today. The Digital Person is an
important contribution to the privacy debate, and Solove's
discussion of the harms of what he calls 'digital dossiers' is
invaluable." "Powerful theme." "This is not only a book you should read, but you should make
sure your friends read it." "Solove offers a book that is both comprehensive and easy to
understand, discussing the changes that technology has brought to
our concept of privacy. An excellentstarting point for much needed
discussion." "An unusually perceptive discussion of one of the most vexing
problems of the digital age--our loss of control over our personal
information. It's a fascinating journey into the almost surreal
ways personal information is hoarded, used, and abused in the
digital age. I recommend his book highly." "Solove's book is the best exposition thus far about the threat
that computer databases containing personal data about millions of
Americans poses for information privacy." "Solove drives his points home through considerable
reconfiguration of the basic argument. Rather than casting blame or
urging retreat to a precomputer database era, the solution is seen
in informing individuals, challenging data collectors, and bringing
the law up-to-date." "If you want to find out what a mess the law of privacy is, how
it got that way, and whether there is hope for the future, then
read this book." "Solove evaluates the shortcomings of current approaches to
privacy as well as some useful and controversial ideas for striking
a new balance. Anyone who deals with privacy matters will find a
lot ot consider." "Solove's treatment of this particular facet is thoughtful,
thorough, concise, and occasionally laced with humor. The present
volume gives us reason to look forward to his future
contributions." "Solove's book is useful, particularly as an overview on how
these private and governmentdatabases grew in sophistication and
now interact with one another." "A far-reaching examination of how digital dossiers are shaping
our lives. Daniel Solove has persuasively reconceptualized privacy
for the digital age. A must-read." "The Digital Person is a detailed and approachable resource on
privacy issues and the laws that affect them." Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases--which Daniel J. Solove calls "digital dossiers"--has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy. The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world. The first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY
Few changes in the world of intellectual property (IP) have been as transformative as the advent and proliferation of digital content works. The high value of these works in modern society has prompted calls for new IP standards to promote the protection - and the sharing - of such valuable assets.
Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone's right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs' members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators' interests and SSOs' goals. |
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