Intellectual Property And Competition

‘. . . this book is a wonderful reference tool for anyone who practices in or is interested in studying the intersection between intellectual property and competition, and how those areas have evolved together over the years.’
– Alicia Brillon, American Reference Books Annual 2012

‘. . . the real benefit of Intellectual Property and Competition is the impression it leaves on the reader as a single volume. . . Commentators, economists, academics and the judiciary all have their say in this collection and it is apparent that most are in favour of some form of reform.’
– Mark Daniels, European Intellectual Property Review

‘The editor has chosen his contributors , and the contributions, with the skilled eye of the connoisseur, to the benefit of the serious student of this tricky topic.’
– IPKAT

‘Professor Carrier has done an excellent job of assembling the most significant scholarship on the intersection of intellectual property and competition laws. The major schools of thought are fairly represented. This volume is comprehensive and includes both the essential foundational work in this field as well as recent influential commentaries on the latest controversies, including patent pools, refusals to license, and reverse settlements in pharmaceutical patent litigation.’
– Christopher R. Leslie, University of California – Irvine, US

The intersection of the intellectual property and competition laws presents uniquely complicated legal issues. In this essential volume Professor Carrier brings together 14 of the most important works written about the intersection. The entries, from leading judges, government officials, academics, and economists, explore history, the ‘new economy’, and frameworks to resolve the tension between the laws. They also address refusals to license, patent pools, innovation markets, standard setting organizations, and pharmaceutical patent settlements. Alongside an original introduction, this book is an authoritative reference tool for attorneys, academics, and others interested in intellectual property and competition issues.

Contents:

Acknowledgements

Introduction Michael A. Carrier

PART I HISTORY
1. Herbert Hovenkamp (2005), ‘The Conflict Between Antitrust and Intellectual Property Rights’

PART II NEW ECONOMY
2. Richard A. Posner (2001), ‘Exclusionary Practices (II): The New Economy’
3. Robert Pitofsky (2001), ‘Antitrust and Intellectual Property: Unresolved Issues at the Heart of the New Economy’

PART III GLOBAL APPROACHES
4. William F. Baxter (1966), ‘Legal Restrictions on Exploitation of the Patent Monopoly: An Economic Analysis’
5. Ward S. Bowman, Jr. (1973), ‘The Compatibility of Antitrust and Patent Law Goals’
6. Louis Kaplow (1984), ‘The Patent-Antitrust Intersection: A Reappraisal’
7. Michael A. Carrier (2002), ‘Unraveling the Patent-Antitrust Paradox’

PART IV SPECIFIC ACTIVITY
8. Herbert Hovenkamp, Mark D. Janis and Mark A. Lemley (2006), ‘Unilateral Refusals to License’
9. Carl Shapiro (2000), ‘Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting’
10. Robert P. Merges (2001), ‘Institutions for Intellectual Property Transactions: The Case of Patent Pools’
11. Michael A. Carrier (2008), ‘Two Puzzles Resolved: Of The Schumpeter – Arrow Stalemate and Pharmaceutical Innovation Markets’
12. Arti K. Rai (2001), ‘Fostering Cumulative Innovation in the Biopharmaceutical Industry: The Role of Patents and Antitrust’
13. Mark A. Lemley (2002), ‘Intellectual Property Rights and Standard-Setting Organizations’
14. C. Scott Hemphill (2006), ‘Paying for Delay: Pharmaceutical Patent Settlement as a Regulatory Design Problem’