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Innovation, Competition and Consumer Welfare in Intellectual Property Law
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Innovation, Competition and Consumer Welfare in Intellectual Property Law

9781847209702 Edward Elgar Publishing
Gustavo Ghidini, Professor Emeritus, University of Milan and Professor of IP and Competition Law, LUISS University, Rome, Italy
Publication Date: 2010 ISBN: 978 1 84720 970 2 Extent: 304 pp
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.

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Contents
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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.
Critical Acclaim
‘This book provides for a delightful reading for anyone involved in the field of IP law, either as a working professional or as an academic since it provides truly valuable food for thought in its innovative way of thinking.Thus the book, like the distinguished author, is a game changer, but it is on all of us to play the game.’
– Andrej Fatur, World Competition

‘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
Contents
Contents: Preface by Giuliano Amato 1. Introduction: The Basic Paradigms and Constitutional Framework of Intellectual Property Law 2. Patent Protection of Innovations: A Monopoly with Pro-Competitive Antibodies 3. From Art to Technology: The Expansion of Copyright 4. The Distinguishing Function and Advertising Value of the Trademark: Aspects and Critique of the European Reform 5. Intellectual Property and Regulation(s) of Competition Appendix – On TRIPs and Developing Countries: ‘Don’t Do Unto Others...’ Index

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eISBN: 978 1 84980 525 4
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