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 Can Latin American Firms Compete? by Alan Devlin
Cover of the book Sport and Ireland by Alan Devlin
Cover of the book Music, evolution, and the harmony of souls by Alan Devlin
Cover of the book Discrimination and Disrespect by Alan Devlin
Cover of the book Branches by Alan Devlin
Cover of the book The Limits of Ethics in International Relations by Alan Devlin
Cover of the book The Last Man by Alan Devlin
Cover of the book A Dictionary of Occupational Science and Occupational Therapy by Alan Devlin
Cover of the book The Oxford Handbook of Holocaust Studies by Alan Devlin
Cover of the book Towards Gender Equity in Development by Alan Devlin
Cover of the book Habermas: A Very Short Introduction by Alan Devlin
Cover of the book The Enlightenment: A Very Short Introduction by Alan Devlin
Cover of the book The Woman in White by Alan Devlin
Cover of the book Why Cooperate? by Alan Devlin
Cover of the book Composition as Identity 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