Table of Contents

Individualism and Collectiveness in Intellectual Property Law

Individualism and Collectiveness in Intellectual Property Law

ATRIP Intellectual Property series

Edited by Jan Rosén

Individualism and Collectiveness in Intellectual Property Law embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world. There are certain classic values embedded in the protection of human effort and the creativeness of individuals. This book examines the relationship of those values to the questions inherent both in individual creativeness in a collective setting, and in the tendency to build national, regional or global monopolies based on IP rights. The respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book.

Chapter 3: The Multiplicity of Territorial IP Rights and its Impact on Competition

Ole-Andreas Rognstad

Subjects: law - academic, intellectual property law


Ole-Andreas Rognstad INTRODUCTION 1. When discussing the impact on competition of various kinds of IPRownership, it is important to note in particular that the notions of multiple and collective ownership are far from clear and that the terms can be defined in different ways.1 Regardless of the definitions or the classification of terms, the main issue to be discussed when addressing the question of the impact on competition of individual, multiple and collective ownership is the impact the ownership structure in itself has on competition in relevant markets. In this respect a natural starting point is to consider the ownership structure within a particular IPR regime. It is reasonable to presume that professor Hilty has implicitly taken this starting point in his survey and analysis in Chapter 1.2 It is also possible, however, to analyze the consequences for competition of 1 Compare Peukert (2011) pp. 195 et seq., with Hilty (Chapter 1 of this book). Peukert defines multiple ownership as the situation where “not only one, but a plurality of IP rights is relevant for a certain product” (p. 200), whereas collective ownership occurs where “only one IP right is at stake” (p. 212). Pursuant to Hilty’s definitions, multiple ownership entails a limited number of owners, contrary to collective ownership, which comprises an open number of owners. A third understanding of the concept of collective ownership seems to follow from Schovsbo in Chapter 8 of this book, who focuses on collective rights administration, a phenomenon which according to Peukert’s approach...

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