Download Antitrust and Patent Law by Alan Devlin PDF

By Alan Devlin

Patents lie on the middle of contemporary pageant coverage. within the new economic climate, organisations use them variously to guard their R&D, to strengthen their industry positions, and to exclude opponents. Antitrust enforcers hence scrutinize patentees to make sure that they don't use their intellectual-property rights to suppress pageant. trendy antitrust legal professionals needs to as a result navigate intellectual-property matters and suggest consumers at the procurement and statement of patents. It is
no effortless activity. In granting specific rights, patents have an uneasy dating with pageant legislation, which struggles in flip to use guidelines built in bricks and mortar industries to the area of technology.

This publication explores the purchase and use of patents lower than the legislations of the world's most vital antitrust regimes: the USA and the eu Union. It examines antitrust ideas governing expertise move, standard-essential applied sciences, patent aggregation, open and closed structures, coercive licensing phrases that quantity to misuse, evergreening strategies within the pharmaceutical like 'paying for delay', and patentee immunity in suing for infringement. To contextualize that
analysis, the e-book explores the theoretical dating among patents and festival legislations, addresses the U.S. 'patent crisis', the movement in the direction of unitary patents in Europe, and variations among the USA and european festival regimes. extra, the booklet explores idiosyncrasies governing the center antitrust
questions of industry definition, industry energy, and anticompetitive behavior within the patent surroundings. In doing so, the publication permits those that perform, implement, train, or examine pageant legislations to appreciate the subtleties of this interesting subject.

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