Intellectual Property Rights and Competition in Standard Setting - Objectives and tensions (Hardcover)

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.

General

Imprint:	Routledge
Country of origin:	United Kingdom
Series:	Routledge Research in Intellectual Property
Release date:	October 2015
First published:	2016
Authors:	Valerio Torti
Dimensions:	234 x 156 x 22mm (L x W x T)
Format:	Hardcover
Pages:	276
ISBN-13:	978-1-138-94157-1
Categories:	Books > Business & Economics > Business & management > Management of specific areas > Research & development management Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
LSN:	1-138-94157-3
Barcode:	9781138941571

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