Table of Contents

Research Handbook on Intellectual Property and Competition Law

Research Handbook on Intellectual Property and Competition Law

Elgar original reference

Edited by Josef Drexl

This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright.

Preface

Edited by Josef Drexl

Subjects: economics and finance, law and economics, law - academic, competition and antitrust law, intellectual property law, law and economics

Extract

The application of competition law to intellectual-property-related cases may well be regarded as one of the most complex and critical fields of competition policy. Whereas in the past intellectual property and competition were mostly considered as contradictory concepts, it is today widely admitted that both fields of law, intellectual property and competition law, are meant to promote complementary goals, namely innovation based on dynamic concepts of competition. Still it largely remains disputed whether and under which conditions competition law may intervene and restrain the use of an intellectual property right. At this very moment this dispute also seems to be mirrored by transatlantic disagreement. In September 2007 the European Court of First Instance upheld the decision of the Commission to order Microsoft inter alia to provide competitors with interoperability information on its operating system despite possible intellectual property rights involved. Thomas Barnett, Deputy Assistant Attorney General of the Antitrust Division of the US Department of Justice, reacted immediately and accused the Court of ‘harming consumers by chilling innovation and discouraging competition’. Concern about expanding and possibly ‘anti-competitive’ intellectual property rights, blocking patents and patent ambush cases, network effects, especially in information technology industries, and the growing need for standardization compel those practising in these areas of law to request more fundamental research on the interface of intellectual property and competition law. Such research, however, in both economic theory and legal studies, is still in a stage of infancy. Economics can well explain and advise how markets work when it comes...