Cantitate/Preț
Produs

Refusals to License Intellectual Property: Testing the Limits of Law and Economics

Autor Ian Eagles, Louise Longdin
en Limba Engleză Paperback – 14 dec 2011
Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies faced with a unilateral refusal to license have instead tended to retreat into sketchily articulated black letter rules and presumptions which then have to be fenced off from the rest of competition law by economically irrelevant qualifications and distinctions based on private law categorisations of, and rationales for, individual intellectual property rights. This bypassing of case-by-case analysis in favour of more traditional modes of legal reasoning is not entirely the fault of lawyers. Economists have contributed to this state of affairs by urging judges and regulators to convert empirically undernourished theories about the proper role of intellectual property in a market economy into rules of law and evidentiary presumptions intended to be binding in future cases. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.
Citește tot Restrânge

Preț: 83046 lei

Preț vechi: 96564 lei
-14% Nou

Puncte Express: 1246

Preț estimativ în valută:
15893 16557$ 13214£

Carte tipărită la comandă

Livrare economică 10-24 februarie 25

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9781841138732
ISBN-10: 1841138738
Pagini: 298
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.42 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book considers how economic analysis affects intellectual property litigation and what this means for the future of effective global competition enforcement.The book covers a highly topical subject and will be an extremely useful resource for those dealing with intellectual property cases in court as well as scholars who are interested in the field.

Notă biografică

Ian Eagles and Louise Longdin hold chairs in law at Auckland University of Technology in New Zealand and are Visiting Professors at the University of New South Wales. Professor Longdin is also Director of the Competition Law and Policy Institute of New Zealand.

Cuprins

1 Framing the Analysis 2 The Uneasy Cohabitation of Law and Economics in Competition Regimes 3 Fault Lines in Competition Policy 4 Intellectual Property and Competition Policy: Constructing the Interface 5 Refusals to License in the United States 6 Europe's Exceptional Circumstances Test 7 Refusals to License in Australia and New Zealand: Parsing the Hints and Silences 8 Canada: Legislative Solutions and Regulatory Bypasses 9 Reintegrating Law and Economics: Perfecting the Art of the Possible

Recenzii

...a very insightful overview of the challenging relationship between competition law and intellectual property law in all major legal systems across the globe. It provides excellent in depth analysis on the subject whose nature at this state of development poses more questions than gives answers, so it's great food for thought and a must-read for any academic doing research in this area.
...this book provides an interesting analysis of the principles underlying the approach of competition law to refusals to license IPRs and why this approach is often flawed from an economics perspective.

Descriere

Economic analysis rarely appears on the judicial horizon in intellectual property litigation. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.