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Antitrust and Patent Law
Alan Devlin
€ 353.50
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Description for Antitrust and Patent Law
Hardcover. An invaluable practitioner guide to the interface between antitrust and intellectual property, examining the law in both the United States and the European Union. Num Pages: 448 pages. BIC Classification: 1KBB; 1QFE; LAM; LNCH; LNRD. Category: (P) Professional & Vocational; (U) Tertiary Education (US: College). Dimension: 246 x 171. .
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.
Product Details
Format
Hardback
Publication date
2016
Publisher
Oxford University Press
Condition
New
Number of Pages
528
Place of Publication
Oxford, United Kingdom
ISBN
9780198728979
SKU
V9780198728979
Shipping Time
Usually ships in 15 to 20 working days
Ref
99-2
About Alan Devlin
Alan Devlin advises Commissioner Ohlhausen on antitrust and intellectual-property matters. Previously, he was a senior associate in the San Francisco office of Latham & Watkins LLP. He has taught as an adjunct professor at the University of Chicago, University of California Hastings College of Law, DePaul University College of Law, Trinity College Dublin, and University College Dublin. His publications include Fundamental Principles of Law and Economics (Routledge 2014), as well as over thirty law-review articles. He is a graduate of Stanford Law School, the University of Chicago, and University College Dublin.
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