Innovation, Competition and Consumer Welfare in Intellectual Property Law

Innovation, Competition and Consumer Welfare in Intellectual Property Law

Gustavo Ghidini

This authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective.

Preface

Gustavo Ghidini

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

Extract

Giuliano Amato Gustavo Ghidini has an excellent grasp of both the principles and the many specific provisions underlying intellectual property law in Italy and Europe. Nevertheless, he is neither a dogmatist nor an exegete immersed within the horizon of the texts he reads. He has a powerful vision of the politics of law, regularly setting it out in his premises and grounding it in his interpretation of current principles, which he justifies. He then projects it in his examination of concepts and individual regulations, which sometimes corroborate it but in other cases refer back to it, and on yet other occasions contradict it – at which point Ghidini observes that the original idea was wrong. This is why Ghidini’s books are never dull. Just the opposite: they are always warm, argumentative and intent on proving a hypothesis. As a result, his works are far more enjoyable than conventional law books and the merit is his alone, because he goes beyond the most rigorous standards of scientific soundness and plainly legal analysis. Experts on industrial property and antitrust law are very familiar with his vision of the politics of law. Nonetheless, Ghidini, who also appreciates – and practises – economic analysis, has never accepted the conclusions reached by the school that, more than any other, established this field: the Chicago School. Thus, he has never replaced efficiency with competition as the ultimate aim on which to base regulations and decisions concerning the market. Consequently, he has never ceased to promote the openness and well-being...