The Interplay Between Competition Law and Intellectual Property: An International Perspective

The Interplay Between Competition Law and Intellectual Property provides for a comparative perspective – on an international basis – on the approaches of different systems between competition law and Intellectual Property (IP). Although competition law and IP are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book’s market-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world’s most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. What’s in this book: With thirty-two contributions written by a wide range of authors, including European and worldwide experts, judges, regulators, academics, economists and practitioners in the field of IP and competition law, this book provides an international comparative perspective as well as a detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: standard essential patents; online platforms and antitrust; legal assessment of excessive prices; automatic injunction in patent cases; IP rights between technological development and consumer protection; geo-blocking; and free movement of goods and the protection of IP rights. Attention is paid throughout to the increasing dialogue between competition authorities around the world, including clashes of jurisprudence in enforcers’ decisions. How this will help you: A matchless remedy for the lack of uniformity of approach heretofore, the book’s investigation of the nexus between competition law and IP in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. Providing information about recent law and case law dealing with the intersection between IP and Competition in various systems, this book will be warmly appreciated by practitioners, regulators, policymakers and academics in both competition law and IP.

About the Author :
Gabriella Muscolo is a Commissioner at the Italian Competition Authority. As a former judge, she sat at the Specialist Section for intellectual property and competition law in the District Court of Rome and at the Court for Undertakings in Rome. She is a former member of the Enlarged Board of Appeal (EBA) of the European Patent Office. She is Fellow of the Centre of European Law of King's College London and lecturer of Commercial Law at the School of Specialization for the Legal Professions at the University of Rome—La Sapienza. She also lectured at Italian and Foreign Universities such as Université de Strasbourg, CEIPI (Centre d'Etude International de la Propriété Intellectuelle), Technische Universitat Dresden, Universidad de Alicante, Queen Mary University, University of Washington, CASRIP (Center for Advanced Studies and Research on Innovation Policy) in Seattle and Waseda University in Tokyo. She publishes in Italian as well as in English in the fields of intellectual property and competition law. Among others, she coedited the volumes “Intellectual Property and Competition Law: a European perspective” and “The Pharmaceutical Sector Between Patent Law And Competition Law. An International Perspective” both for Kluwer International. She is also coeditor of the online Journal “Italian Antitrust Review. Marina Tavassi is President of the Milan Court of Appeal and President of the Specialized Court of Undertakings of the second degree (specialized in IP, Company law and Competition law). She is also Professor (contract professor) of the Pavia University of the Studies for the course on Patents and Competition Law, starting from the academic year 2018/2019. On September 2017, she has been confirmed as Italian Member of the Enlarged Board of Appeal of the European Patent Office. Since June 2014 she is a member of the Expert panel for the Rules of Procedure of the Unitary Patent Courts. Before her appointment as President of the Milan Court of Appeal, she was President of the Industrial and Intellectual Property Division at the Milan Court of first instance. Joining the judiciary, she has always been involved in IP, as judge of the Court of first instance, then of the Court of Appeal, up to the Supreme Court, where she was Counsellor (judge) for five years. She has taken part in several seminars, as speaker and chairperson, in the field of IP and competition law, publishing numerous articles and monographs.