Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Friday, March 14, 2008

Competition Law And Patents

Posted by D. Daniel Sokol

Out this month from Edward Elgar Publishing is Competition Law And Patents by Irina Haracoglou.

SUMMARY: Within the broad context of the relationship between intellectual property rights and competition law, this book takes the example of research tools in biopharmaceutical research and innovation to examine the complexities of this relationship, and the ways in which the balance is struck between these two fundamental policies of law. It addresses a question that is certain to become paramount in other industries also: how to strike the balance between initial and follow-on innovation so as to ensure that access to ‘essential’ research tools (or other fundamental elements to follow-on innovation) is not impeded.

Contents: Preface Part I: The Problem – Access as a Necessary Element of Follow-on Innovation? 1. Biopharmaceutical R&D: The Increased Importance of Cumulative Innovation and Related Concerns Part II: The Patent Balance and Working Solutions in the Patent System 2. The Patent System as a System of Balancing 3. The Patent System and Some Potential Safety Nets 4. The Right to Health as an Interpretive Principle of Patent Law Part III: Antitrust as a Complement to the Patent System 5. Unilateral Conduct, Intellectual Property Rights and Competition Law: A Systems’ Interaction 6. The Duty to Deal under Art. 82 EC Part IV: A More Innovation Sensitive Approach to the Interface of Competition Law and Patents? 7. The Duty to Deal as Applied to Address Technology Access Problems in the Biopharmaceutical Industry Bibliography Index

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