TAILIEUCHUNG - THE INTERFACE BETWEEN INTELLECTUAL PROPERTY RIGHTS AND COMPETITION POLICY

The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first two parts of the book indicate the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law, the EU, the USA and Japan, and three less populous countries with open economies, Australia, Ireland and Singapore. By setting out the legislative and judicial and administrative alternatives available in those. | The interface between intellectual Property Rights and competition Policy diUd Steven D Andernun Cam ill J Dát Cambridge This page intentionally left blank THE INTERFACE BETWEEN INTELLECTUAL PROPERTY RIGHTS AND COMPETITION POLICY The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first two parts of the book indicate the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law the EU the USA and Japan and three less populous countries with open economies Australia Ireland and Singapore. By setting out the legislative and judicial and administrative alternatives available in those constituencies with some experience of dealing with the interface this research study provides a reference work which can be used as a resource to throw light on how the two fields of law can be adapted to create a coherent whole in the particular circumstances of any one legal system. In the third part of the book a number of issues closely related to the interface between competition law and intellectual property rights are examined. Separate chapters analyse i the issue of parallel trading and exhaustion of IPRs a system of legal rules that creates its own interface with the exercise of IPRs alongside the competition rules ii the issue of technology transfer showing the important differences between international IP licensing and foreign direct investment as well as highlighting how limits on technology spillover are set in bilateral investment treaties and iii the economics of the interface between intellectual property and competition law to suggest how economic thinking may find a way of interacting with legal argument in this .

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