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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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Intellectual Property and Competition Law - The Innovation Nexus (Hardcover)
Loot Price: R2,896
Discovery Miles 28 960
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Intellectual Property and Competition Law - The Innovation Nexus (Hardcover)
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This rich and challenging book offers a critical appraisal of the
relationship between intellectual property law and competition law,
from a particularly European perspective. Gustavo Ghidini
highlights the deficiencies in studying each of these areas of law
independently and argues for a more holistic approach, insisting
that it is more useful, and indeed essential, to consider them as
interdependent. He does this first by examining how competition and
intellectual property (IP) converge, diverge, and inform one
another. Secondly, he assesses how IP law can be interpreted
through the guiding principles of competition law - antitrust and
unfair competition - and within the overarching principle of free
competition. The book traces the evolution of modern IP law, which
it claims is marked heavily both by 'over-protectionist' trends -
such as the extension of copyright law to technological fields,
where it trespasses on the territory of patent law - and by
attempts to monopolize the achievements of basic research, such as
in the example of biotechnology. Through an examination of such
emerging issues as access to standards of information and patenting
of genetic materials, the author makes a clear case for a reading
of IP law that promotes dynamic processes of 'innovation by
competition', and 'competition by innovation', with related
benefits to consumer welfare such as wider choices, greater access
to culture and information, and lower prices. Advanced students and
researchers in all areas of intellectual property will find this
book a stimulating alternative to traditional interpretations of
the subject.
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