Antitrust and Patent Law

Nonfiction, Reference & Language, Law, Antitrust, Commercial
Cover of the book Antitrust and Patent Law by Alan Devlin, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Alan Devlin ISBN: 9780191044830
Publisher: OUP Oxford Publication: March 17, 2016
Imprint: OUP Oxford Language: English
Author: Alan Devlin
ISBN: 9780191044830
Publisher: OUP Oxford
Publication: March 17, 2016
Imprint: OUP Oxford
Language: English

Patents lie at the heart of modern competition policy. In the new economy, firms use them variously to protect their R&D, to bolster their market positions, and to exclude rivals. Antitrust enforcers thus scrutinize patentees to ensure that they do not use their intellectual-property rights to suppress competition. Today's antitrust lawyers must therefore navigate intellectual-property issues and advise clients on the procurement and assertion of patents. It is no easy task. In granting exclusive rights, patents have an uneasy relationship with competition law, which struggles in turn to apply policies developed in bricks and mortar industries to the world of technology. This book explores the acquisition and use of patents under the law of the world's two most important antitrust regimes: the United States and the European Union. It examines antitrust rules governing technology transfer, standard-essential technologies, patent aggregation, open and closed systems, coercive licensing terms that amount to misuse, evergreening tactics in the pharmaceutical industry like 'paying for delay', and patentee immunity in suing for infringement. To contextualize that analysis, the book explores the theoretical relationship between patents and competition law, addresses the U.S. 'patent crisis', the move towards unitary patents in Europe, and differences between the US and EU competition regimes. Further, the book explores idiosyncrasies governing the core antitrust questions of market definition, market power, and anticompetitive conduct in the patent setting. In doing so, the book allows those who practice, enforce, teach, or study competition law to understand the subtleties of this fascinating subject.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Patents lie at the heart of modern competition policy. In the new economy, firms use them variously to protect their R&D, to bolster their market positions, and to exclude rivals. Antitrust enforcers thus scrutinize patentees to ensure that they do not use their intellectual-property rights to suppress competition. Today's antitrust lawyers must therefore navigate intellectual-property issues and advise clients on the procurement and assertion of patents. It is no easy task. In granting exclusive rights, patents have an uneasy relationship with competition law, which struggles in turn to apply policies developed in bricks and mortar industries to the world of technology. This book explores the acquisition and use of patents under the law of the world's two most important antitrust regimes: the United States and the European Union. It examines antitrust rules governing technology transfer, standard-essential technologies, patent aggregation, open and closed systems, coercive licensing terms that amount to misuse, evergreening tactics in the pharmaceutical industry like 'paying for delay', and patentee immunity in suing for infringement. To contextualize that analysis, the book explores the theoretical relationship between patents and competition law, addresses the U.S. 'patent crisis', the move towards unitary patents in Europe, and differences between the US and EU competition regimes. Further, the book explores idiosyncrasies governing the core antitrust questions of market definition, market power, and anticompetitive conduct in the patent setting. In doing so, the book allows those who practice, enforce, teach, or study competition law to understand the subtleties of this fascinating subject.

More books from OUP Oxford

Cover of the book Unlocking the Church by Alan Devlin
Cover of the book The Fair and Equitable Treatment Standard in the International Law of Foreign Investment by Alan Devlin
Cover of the book The Smile Revolution by Alan Devlin
Cover of the book New Languages and Landscapes of Higher Education by Alan Devlin
Cover of the book Outlines of the Philosophy of Right by Alan Devlin
Cover of the book The Ladies' Paradise by Alan Devlin
Cover of the book Globalization and Economic Nationalism in Asia by Alan Devlin
Cover of the book The Philosophy of International Law by Alan Devlin
Cover of the book Private Regulation and the Internal Market by Alan Devlin
Cover of the book Dreaming: A Very Short Introduction by Alan Devlin
Cover of the book The Cultural Defense of Nations by Alan Devlin
Cover of the book The Euro Trap by Alan Devlin
Cover of the book The Art of the Roman Empire by Alan Devlin
Cover of the book The Oxford Handbook of Linguistic Fieldwork by Alan Devlin
Cover of the book Landmark Papers in Neurology by Alan Devlin
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy