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THE INTERFACE BETWEEN
INTELLECTUAL PROPERTY RIGHTS
PETITION 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 petition 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 petition rules, (ii) the issue
of technology transfer showing the important differences between inter-
national IP licensing and foreign direct investment as well as highlight-
ing how limits on technology spillover are set in bilateral investment
treaties, and (iii) the economics of the interface between intellectual
property petition law to suggest how economic thinking may
find a way of interacting with legal argument in this field.
THE INTERFACE BETWEEN
INTELLECTUAL PROPERTY
RIGHTS AND
COMPETITION POLICY
Edited by
STEVEN D. ANDERMAN
CAMBRIDGE UNIVERSITY