The Trips Regime Of Antitrust And Undisclosed Information

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The TRIPS Regime of Antitrust and Undisclosed Information

Nuno Pires de Carvalho
The TRIPS Regime of Antitrust and Undisclosed Information Book PDF

Author : Nuno Pires de Carvalho
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 48,5 Mb
Release : 2008-01-09
Category : Law
ISBN : 9789041145024

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The TRIPS Regime of Antitrust and Undisclosed Information by Nuno Pires de Carvalho Pdf

In this brilliantly conceived and authoritative work the eminent intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating in contrast to much received wisdom the intrinsic pro-competitive nature of intellectual property and of industrial property in particular. Using an extraordinary wealth of practical detail, and offering hundreds of pointed hypothetical and actual examples, Pires de Carvalho dispels the murkiness around such essential concepts and provisions as the following: the inevitable interdependence of industrial property and antitrust law; abuses of patent rights and the vexed issue of patents and monopolies; the legal implications of international exhaustion under Article 6; the meaning of balance of rights and obligations under Article 7; divestiture and the fruits doctrine under Article 32; international cooperation in identifying antitrust violations in licensing agreements; protection of confidential information in court proceedings; protection of undisclosed test data against unfair commercial use under Article 39.3; and the WTO Dispute Settlement Mechanism in the context of undisclosed information. Of special value in this book is the author s far-reaching analysis of the controversial emerging field of test data protection in industrial property. The TRIPS Regime of Antitrust and Undisclosed Information provides a practical and insightful explanation of the meaning of the relevant TRIPS provisions, of how they should be reflected in national law and how courts are expected to enforce them. It combines an easy-to-follow article-by-article commentary on the TRIPS Agreement with a theoretical scholarly analysis that makes of it an invaluable resource to all those who wish to understand industrial property rights at a deeper level. Lawyers, judges, scholars and government officials will find an abundance of information and legal analysis here that will help them identify antitrust issues and solutions to problems of trade secrets posed by the implementation of the TRIPS Agreement.

The TRIPS Regime of Antitrust and Undisclosed Information

Nuno Pires de Carvalho
The TRIPS Regime of Antitrust and Undisclosed Information Book PDF

Author : Nuno Pires de Carvalho
Publisher : Kluwer Law International B.V.
Page : 422 pages
File Size : 54,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041126436

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The TRIPS Regime of Antitrust and Undisclosed Information by Nuno Pires de Carvalho Pdf

Intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating, in contrast to much received wisdom, the intrinsic pro-competitive nature of intellectual property and of industrial property in particular.

The Protection against Unfair Competition in the WTO TRIPS Agreement

Christian Riffel
The Protection against Unfair Competition in the WTO TRIPS Agreement Book PDF

Author : Christian Riffel
Publisher : BRILL
Page : 397 pages
File Size : 48,9 Mb
Release : 2016-06-23
Category : Business & Economics
ISBN : 9789004313477

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The Protection against Unfair Competition in the WTO TRIPS Agreement by Christian Riffel Pdf

In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge from it.

Gurry on Breach of Confidence

Tanya Aplin,Lionel Bently,Phillip Johnson,Simon Malynicz
Gurry on Breach of Confidence Book PDF

Author : Tanya Aplin,Lionel Bently,Phillip Johnson,Simon Malynicz
Publisher : OUP Oxford
Page : 1634 pages
File Size : 55,6 Mb
Release : 2012-03-29
Category : Law
ISBN : 9780191640391

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Gurry on Breach of Confidence by Tanya Aplin,Lionel Bently,Phillip Johnson,Simon Malynicz Pdf

Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges. Aplin, Bently, Johnson and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history and current relevance of the action for breach of confidence, . The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law. Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.

Trade Secrets and Employee Mobility

Magdalena Kolasa
Trade Secrets and Employee Mobility Book PDF

Author : Magdalena Kolasa
Publisher : Cambridge University Press
Page : 411 pages
File Size : 55,8 Mb
Release : 2018-02-08
Category : Business & Economics
ISBN : 9781108424226

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Trade Secrets and Employee Mobility by Magdalena Kolasa Pdf

A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.

Trade Secrets Legal Protection

Luc Desaunettes-Barbero
Trade Secrets Legal Protection Book PDF

Author : Luc Desaunettes-Barbero
Publisher : Springer Nature
Page : 505 pages
File Size : 51,8 Mb
Release : 2023-06-10
Category : Law
ISBN : 9783031267864

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Trade Secrets Legal Protection by Luc Desaunettes-Barbero Pdf

Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized. The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings’ secret sphere and secret pieces of information. Securing the undertakings’ secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call – after conducting a careful policy trade-off – for the establishment of relative (i.e. inter partes) subjective rights.

Blocking Patents in European Competition Law

Angelika S. Murer
Blocking Patents in European Competition Law Book PDF

Author : Angelika S. Murer
Publisher : Kluwer Law International B.V.
Page : 386 pages
File Size : 48,8 Mb
Release : 2021-12-03
Category : Law
ISBN : 9789403538150

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Blocking Patents in European Competition Law by Angelika S. Murer Pdf

In practice and jurisprudence in European competition law, it is especially difficult to define the boundaries of patent abuse as an offence. In this thoroughly researched book, the author answers the question of when and how an application for a blocking patent can amount to an abuse of a dominant position under Article 102 TFEU. Drawing on legal literature and European Union (EU) case law, the presentation analyses a constellation of blocking patenting strategies and proposes potential remedies where abuse is involved. With detailed descriptions of the characteristics of potentially abusive and non-abusive behaviour regarding applications for blocking patents, the book provides the following and more: a comprehensive analysis of the case law of the EU courts on the abuse of a dominant position in cases which involve intellectual property rights; insights on how patenting strategies affect competition with a particular focus on the application of blocking patents; an overview of the developments in doctrine and practice which led to the current understanding of the seemingly conflictual goals of competition and intellectual property law; and insights on the difficulties of defining relevant markets and establishing whether an undertaking holds a dominant position. The book illustrates the mechanisms of blocking patenting strategies with examples from the pharmaceutical industry because blocking strategies have particular relevance in applying for patents in that context. A test scheme for analysing the application of a blocking patent under Article 102 TFEU is included. Additionally, the book provides an outlook on the topic of patents and shortages of supply in light of the COVID pandemic. Practitioners and policymakers requiring an understanding of the conceptual framework of the abuse concept within EU competition law and how it relates to patent strategies will welcome this invaluable book. They will not only be able to set the conduct of applying for blocking patents into the Article 102 TFEU context but also have decisive tools to approach questions on the intersection of patent law and competition law in the EU.

Mechanisms to Enable Follow-On Innovation

Alina Wernick
Mechanisms to Enable Follow On Innovation Book PDF

Author : Alina Wernick
Publisher : Springer Nature
Page : 450 pages
File Size : 45,6 Mb
Release : 2021-05-13
Category : Law
ISBN : 9783030722579

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Mechanisms to Enable Follow-On Innovation by Alina Wernick Pdf

The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.

Cross-Border Trade Secret Disputes in the European Union

Lydia Lundstedt
Cross Border Trade Secret Disputes in the European Union Book PDF

Author : Lydia Lundstedt
Publisher : Edward Elgar Publishing
Page : 335 pages
File Size : 42,5 Mb
Release : 2023-10-06
Category : Law
ISBN : 9781035315116

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Cross-Border Trade Secret Disputes in the European Union by Lydia Lundstedt Pdf

With the rise of international trade and innovation, there has been an increase in cross border trade secret violations. Using common trade secret scenarios as a springboard for analysis, the book questions whether EU private international law rules can be interpreted to facilitate the objective of the EU Trade Secret Directive and in doing so provides a detailed examination of both regimes.

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights

Justin Malbon,Charles Lawson,Mark Davison
The WTO Agreement on Trade Related Aspects of Intellectual Property Rights Book PDF

Author : Justin Malbon,Charles Lawson,Mark Davison
Publisher : Edward Elgar Publishing
Page : 933 pages
File Size : 47,9 Mb
Release : 2014-01-31
Category : Law
ISBN : 9781781006047

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The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights by Justin Malbon,Charles Lawson,Mark Davison Pdf

This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS _ a pivotal international agreement on intellectual property rights. TRIPS sets minimum standards

Individualism and Collectiveness in Intellectual Property Law

Jan Rosén
Individualism and Collectiveness in Intellectual Property Law Book PDF

Author : Jan Rosén
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 40,5 Mb
Release : 2012
Category : Law
ISBN : 9780857939616

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Individualism and Collectiveness in Intellectual Property Law by Jan Rosén Pdf

This title embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world.

Intellectual Property, Human Rights and Competition

Abbe Elizabeth Lockhart Brown
Intellectual Property Human Rights and Competition Book PDF

Author : Abbe Elizabeth Lockhart Brown
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 52,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857934970

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Intellectual Property, Human Rights and Competition by Abbe Elizabeth Lockhart Brown Pdf

ÔAbbe BrownÕs new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.Õ Ð Steven Anderman, University of Essex, UK and University of Stockholm, Sweden ÔMuch has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.Õ Ð Carlos M. Correa, University of Buenos Aires, Argentina ÔIntellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!Õ Ð Paul Torremans, University of Nottingham, UK ÔAbbe BrownÕs study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionate strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. BrownÕs study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.Õ Ð F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The Netherlands This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society Ð such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organisation. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.

Artificial Intelligence and International Economic Law

Shin-yi Peng,Ching-Fu Lin,Thomas Streinz
Artificial Intelligence and International Economic Law Book PDF

Author : Shin-yi Peng,Ching-Fu Lin,Thomas Streinz
Publisher : Cambridge University Press
Page : 365 pages
File Size : 44,8 Mb
Release : 2021-10-14
Category : Computers
ISBN : 9781108844932

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Artificial Intelligence and International Economic Law by Shin-yi Peng,Ching-Fu Lin,Thomas Streinz Pdf

Examines the interplay between artificial intelligence and international economic law, and its effects on global economic order. This title is also available as Open Access.

Contemporary Intellectual Property

Abbe Brown,Smita Kheria,Marta Iljadica,Jane Cornwell
Contemporary Intellectual Property Book PDF

Author : Abbe Brown,Smita Kheria,Marta Iljadica,Jane Cornwell
Publisher : Oxford University Press, USA
Page : 967 pages
File Size : 41,5 Mb
Release : 2019-08-20
Category : Electronic
ISBN : 9780198799801

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Contemporary Intellectual Property by Abbe Brown,Smita Kheria,Marta Iljadica,Jane Cornwell Pdf

Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law. It goes beyond an up-to-date account of the law and examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader. Online resources This book is supported by the following online resources: -Guidance on answering the discussion points from the book -Online chapters on the following topics: --History of unregistered design protection in the UK --History of registered design law in the UK to 1988 --Intellectual property and international private law -Web links and further reading

Sport et propriété intellectuelle / Sport and intellectual property

Marianne Chappuis,François Gindrat,Ivan Cherpillod,Heijo Ruijsenaars,Pranvera Këllezi,Nick White,Henry Peter,Jacques de Werra
Sport et propri t intellectuelle Sport and intellectual property Book PDF

Author : Marianne Chappuis,François Gindrat,Ivan Cherpillod,Heijo Ruijsenaars,Pranvera Këllezi,Nick White,Henry Peter,Jacques de Werra
Publisher : Jacques de Werra, Université de Genève
Page : 146 pages
File Size : 55,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9783725560059

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Sport et propriété intellectuelle / Sport and intellectual property by Marianne Chappuis,François Gindrat,Ivan Cherpillod,Heijo Ruijsenaars,Pranvera Këllezi,Nick White,Henry Peter,Jacques de Werra Pdf

Actes de la Journée de droit de la propriété intellectuelle, organisée à Genève le 2 février 2009, regroupant des contributions de Marianne Chappuis, François Gindrat, Ivan Cherpillod, Heijo Ruijsenaars/Pranvera Këllezi, Nick White et Henry Peter/Jacques de Werra