Competition And Intellectual Property Law In Ukraine
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Competition and Intellectual Property Law in Ukraine by Heiko Richter Pdf
This volume provides the most comprehensive contemporary academic writing on Ukrainian competition and intellectual property law in English. Especially over the last few years, these areas have been in considerable flux, a main driver being the EU–Ukraine Association Agreement. The chapters cover a broad range of different topics and share a forward-looking perspective. They also outline the basic background that is necessary to understand the context of the issue discussed, especially with regards to the legal system of Ukraine. The publication is the result of a two-year project, and it is addressed to a wide range of international scholars, practitioners, and policy makers. It aims to make the state-of-the-art in Ukrainian legal scholarship visible and accessible to the international research community and to stimulate global debates in academia and politics. Therefore, it may be of interest and use to anyone who is interested in competition and intellectual property law, and/or in Ukraine.
Intellectual Property Law in the Ukraine by Anna Tsirat,I︠U︡. M. Kapit︠s︡a,Yuriy Kapitsa Pdf
Derived from the renowned multi-volume International Encyclopaedia of Laws,this monograph provides a survey and analysis of the rules concerningintellectual property rights in the Ukraine It covers every type ofintellectual property right in depth - copyright and neighbouring rights,patents, utility models, trademarks, trade names, industrial designs, plantvariety protection, chip protection, trade secrets, and confidentialinformation. Particular attention is paid throughout to recent developmentsand trends.The analysis approaches each right in terms of its sources in law and inlegislation, and proceeds to such legal issues as subject matter ofprotection, conditions of protection, ownership, transfer of rights, licences,scope of exclusive rights, limitations, exemptions, duration of protection,infringement, available remedies, and overlapping with other intellectualproperty rights.The book provides a clear overview of intellectual property legislation andpolicy, and at the same time offers practical guidance on which soundpreliminary decisions may be based. Lawyers representing parties withinterests in the Ukraine will welcome this very useful guide, andacademics and researchers will appreciate its value in the study ofcomparative intellectual property law.
Innovation, Competition and Consumer Welfare in Intellectual Property Law by Gustavo Ghidini Pdf
Professor Ghidini has long since made himself a worldwide reputation as a leading scholar. He is a profound critic of intellectual property protection that follows rigid property logic, and favours the functionalist competition/innovation logic. Innovation, Competition and Consumer Welfare in Intellectual Property Law is truly enriching reading. Hanns Ullrich, College of Europe, Bruges, Belgium We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, US and author of Competition Policy in America 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. The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional all-exclusionary vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holders positions with citizens and users rights. This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.
Intellectual Property and Competition Law by Gustavo Ghidini Pdf
The book ends with a comprehensive selection of the relevant bibliography. This part is all the more valuable to the reader as Ghidini does not simply list the relevant literature but puts it in it general context and comments on it. Ghidini s book is a fascinating trip through the system of IP laws. Beatriz Conde Gallego, Intellectual Property and Competition Law Intellectual Property and Competition Law by Gustavo Ghidini provides a persuasively presented descriptive analysis of a distinctively European perspective on intellectual property law and its relationship to competition law. Professor Ghidini expertly presents the evolution of intellectual property laws and its contemporary manifestations with respect to the expansion copyright law in technological fields and the inevitability conflict with patent law, the attempt at creating monopolies (such as in biotechnology), and so much more. A seminal work of impressive and articulate scholarship, Intellectual Property and Competition Law should be considered mandatory reading for students and researchers in the field of intellectual property rights and a very strongly recommended addition to academic library International Economics and Judicial Studies reference collections. The Economics Shelf, Midwest Book Review . . . the provocative nature of this book is one of its great strengths, as are its cohesiveness and erudition. Mel Marquis, European Competition Law Review We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, author of Competition Policy in America and American Antitrust Institute, US This rich and challenging book offers a critical appraisal of the relationship between intellectual property law and competition law, from a particularly European perspective. Gustavo Ghidini highlights the deficiencies in studying each of these areas of law independently and argues for a more holistic approach, insisting that it is more useful, and indeed essential, to consider them as interdependent. He does this first by examining how competition and intellectual property (IP) converge, diverge, and inform one another. Secondly, he assesses how IP law can be interpreted through the guiding principles of competition law antitrust and unfair competition and within the overarching principle of free competition. The book traces the evolution of modern IP law, which it claims is marked heavily both by over-protectionist trends such as the extension of copyright law to technological fields, where it trespasses on the territory of patent law and by attempts to monopolize the achievements of basic research, such as in the example of biotechnology. Through an examination of such emerging issues as access to standards of information and patenting of genetic materials, the author makes a clear case for a reading of IP law that promotes dynamic processes of innovation by competition , and competition by innovation , with related benefits to consumer welfare such as wider choices, greater access to culture and information, and lower prices. Advanced students and researchers in all areas of intellectual property will find this book a stimulating alternative to traditional interpretations of the subject.
Liability for Antitrust Law Infringements & Protection of IP Rights in Distribution by Pranvera Këllezi,Bruce Kilpatrick,Pierre Kobel Pdf
This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the allocation of liability for infringement of antitrust laws between corporations and individuals. The book explores the criminal or administrative sanctions available against corporations, companies or group of companies, and individuals, such as employees or directors. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study of this complex and challenging subject. The second part examines whether intellectual property rights are sufficiently protected to ensure a fair return on investments made by manufacturers and distributors. This question comes at a time where distribution is facing deep and radical changes with the Internet. To what extent this is an opportunity or a threat to the sustainability of distribution systems of differentiated and IP protected goods is the question. This book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Research Handbook on Intellectual Property and Competition Law by Josef Drexl Pdf
The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden 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. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.
EC Competition Law and Intellectual Property Rights by Steven D. Anderman Pdf
This book provides a template of the EC competition law rules as they relate to IPRs. Author Steven Anderman explores how such a template can be applied to existing IPRs and adapted to new technologies such as telecommunications and information technology.
Intellectual Property and the Limits of Antitrust by Katarzyna Czapracka Pdf
An excellent account of practice on both sides of the Atlantic regarding the intersection of antitrust and intellectual property rights. The author provides a detailed account of the legal discussion in an economics-informed manner. A must read, as far as I am concerned, for practitioners and academicians alike. Petros C. Mavroidis, Columbia Law School, New York, US, University of Neuch'tel, Switzerland and CEPR, UK This book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights. The scope of US antitrust law as defined in the Supreme Court s decisions in Trinko and Credit Suisse Securities is much narrower than the scope of EU competition law. US antitrust enforcers have become increasingly reluctant to apply antitrust rules to regulated markets, whereas the European Commission has consistently used EU competition rules to correct the externalities resulting from government action. The contrasting approaches adopted by US and EU antitrust enforcers to these issues, as with the differences in addressing market dominance, have had a profound impact on the scope of antitrust intervention in the IP field. This book provides an in-depth analysis of the relevant recent developments on both sides of the Atlantic and identifies the pitfalls of regulating IP through competition rules. With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in IP and competition law.
Intellectual Property and Competition Law by Peter Chrocziel,Moritz Lorenz,Wolrad Waldeck und Pyrmont (Prinz zu),Wolrad (Prinz zu Waldeck und Pyrmont) Pdf
The first publication to focus in depth on the intersection of intellectual property (IP) law and competition law in a European context. This important book masterfully elucidates the effects of the provisions of European competition law on IP rights, and the consequences for IP rights owners from the rights inception to its transfer, sale, or demise.
Intellectual Property and Competition Law by Steven Anderman,Ariel Ezrachi Pdf
Examining the relationship between intellectual property and competition law with a particular focus on European law, this book highlights areas emerging new frontiers.
EU Competition Law and Intellectual Property Rights by Steven Anderman,Hedvig Schmidt Pdf
An accessible introduction to the interface between competition law and intellectual property rights, this book considers the shared goals and inherent tensions of the two regimes. It offers a clear explanation of competition law as a framework of rules which regulate the exploitation and licensing of intellectual property rights.
Competition Law and Intellectual Property in China by Ioannis Kokkoris,Spyros M. Maniatis,Xiaoye Wang,Cristina Volpin Pdf
The edited volume will adopt a thematic approach to some controversial issues in the area of competition law and IP in China and will include contributions from leading academics and practitioners. The combination of the editors as well as the contributors' expertise on competition and IP law, and their practical experience and perspectives, guarantees that the book will present a high quality up to date, detailed analysis of the different perspectives that these jurisdictions take in the enforcement of competition and IP law. The volume discusses the current trends as well as the future challenges of the enforcement in these areas. The book aims to further the understanding of these controversial and fast paced issues by offering insights and recommendations on the basis of a comprehensive and thoughtful analysis. It therefore aims to become the ultimate point of reference to scholars, law and policy makers, and other stakeholders.
The Role of Intellectual Property, in particular, Trademarks and Geographical Indications, in Creating, Developing and Strengthening a Nation Brand by World Intellectual Property Organization Pdf
This Study deals with intellectual property, in particular, trademarks and geographical indications, as an instrument not only for developing a strong and distinctive brand image for national products and services but also, through such a process, for creating a strong and distinctive nation brand, in both cases, with a view of gaining a competitive advantage in domestic, regional and world markets.
