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Patent Misuse and Antitrust Law - Empirical, Doctrinal and Policy Perspectives (Hardcover)
Loot Price: R4,896
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Patent Misuse and Antitrust Law - Empirical, Doctrinal and Policy Perspectives (Hardcover)
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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
General
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