Ip Competition Conflicts In Eu Law Through Five Judicial Lenses PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Ip Competition Conflicts In Eu Law Through Five Judicial Lenses PDF full book. Access full book title Ip Competition Conflicts In Eu Law Through Five Judicial Lenses.
Author | : Maria José Schmidt-Kessen |
Publisher | : |
Total Pages | : 293 |
Release | : 2018 |
Genre | : Antitrust law |
ISBN | : |
Download IP-competition Conflicts in EU Law Through Five Judicial Lenses Book in PDF, ePub and Kindle
This PhD thesis deals with IP-competition conflicts and how the EU Courts have addressed them over time. It seeks to answer the question of how the reasoning of EU Courts in these cases has been affected by three crucial evolutionary moments in EU law: (1) the Europeanization of IP law (2) the modernization of EU competition law and (3) the elevation of the Charter of Fundamental Rights of the European Union to a primary source of EU law. The first two chapters provide the theoretical framework of the thesis. The first chapter provides a detailed overview of the three crucial evolutionary moments in EU law mentioned above. The second chapter provides an overview of theories about the legal reasoning of EU Courts and about the different approaches that the courts have adopted when deciding IP-competition conflicts. Five such approaches, or judicial lenses, are identified: an economics, a conflict of laws, a conflict of competences, a constitutional and a private law approach. It is shown that these five different approaches can be linked to the three evolutionary moments at the IP-competition interface in EU law. Chapters three to five trace the theoretical insights from the first two chapters in three case studies on specific business methods having given rise to IP-competition conflicts before EU Courts: (i) selective distribution systems, (ii) digital platforms and restrictions of access, and (iii) lock-in strategies on aftermarkets, in particular in the online environment. The case studies analyse how these comparable factual situations of IP-competition conflicts have been treated on the one hand under EU competition law and on the other under EU IP law. In each case study, the legal reasoning is identified and compared between EU competition and IP law. The main finding in the case studies is that EU Courts treat the spheres of EU competition law and IP law as wholly separate. This has led to quite diverging approaches in comparable cases of IP-competition conflicts depending on whether the cases are brought under EU competition law or IP law, jeopardizing the systemic coherence of EU law and disturbing the CJEU’s dialogue with national courts. This situation is not sustainable. In an economic environment where the EU’s economies are increasingly depending on e-commerce and digital assets often protected by IP, IP-competition conflicts are bound to increase. To ensure a legal environment that provides legal certainty and equal conditions for firms to thrive across EU Member States without hurting consumers, a more coherent and improved methodological guidance on how to address IP-competition conflicts is needed. The aim of this thesis is to provide a first step in this direction.
Author | : United Nations. International Law Commission |
Publisher | : |
Total Pages | : 306 |
Release | : 2007 |
Genre | : Conflict of laws |
ISBN | : 9789521023378 |
Download Fragmentation of International Law Book in PDF, ePub and Kindle
Author | : Tim W. Dornis |
Publisher | : Cambridge University Press |
Total Pages | : 699 |
Release | : 2017-02-23 |
Genre | : Law |
ISBN | : 1107155061 |
Download Trademark and Unfair Competition Conflicts Book in PDF, ePub and Kindle
This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
Author | : Niklas Bruun |
Publisher | : Cambridge University Press |
Total Pages | : 531 |
Release | : 2021-01-07 |
Genre | : Law |
ISBN | : 1108484603 |
Download Transition and Coherence in Intellectual Property Law Book in PDF, ePub and Kindle
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
Author | : Margaret A. Young |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2012-01-12 |
Genre | : Law |
ISBN | : 1139504932 |
Download Regime Interaction in International Law Book in PDF, ePub and Kindle
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author | : Alison Jones |
Publisher | : Oxford University Press, USA |
Total Pages | : 1353 |
Release | : 2019-09 |
Genre | : Law |
ISBN | : 0198824653 |
Download EU Competition Law Book in PDF, ePub and Kindle
The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team. In this fast-paced subject area, the authors carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. Online resources: The text is accompanied by online resources containing: -An additional chapter on State Aid -Web links -Updates in the law
Author | : Nikolaus Thumm |
Publisher | : Springer Science & Business Media |
Total Pages | : 169 |
Release | : 2013-03-09 |
Genre | : Business & Economics |
ISBN | : 3662121018 |
Download Intellectual Property Rights Book in PDF, ePub and Kindle
This book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information,. the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.
Author | : Rafael Ramirez |
Publisher | : Oxford University Press |
Total Pages | : 275 |
Release | : 2016-03-25 |
Genre | : Business & Economics |
ISBN | : 0191062898 |
Download Strategic Reframing Book in PDF, ePub and Kindle
Traditional strategy assumes stability and predictability. Today's world is better characterised by turbulence, uncertainty, novelty and ambiguity - conditions that contribute disruptive changes and trigger the search for new ways of coping. This book aims to become the premier guide on how to do scenario planning to support strategy and public policy. Co-authored by three experts in the field, the book presents The Oxford Scenario Planning Approach (OSPA). The approach is both intellectually rigorous and practical. Methodological choices and theoretical aspects in practice are detailed in reference to the relevant literatures and grounded in 6 case studies the authors have been involved with. The book makes several contributions to the field, centred on how learning with scenario planning is supported by re-framing and re-perception; how this iterative process can be embedded in corporate or government settings, and how it helps those that it supports to do well in today's world. The book is written in an accessible style and will be a useful introductory text as well as a useful guide for the more experienced scenario planning practitioner and scholar.
Author | : Robert Bork |
Publisher | : |
Total Pages | : 536 |
Release | : 2021-02-22 |
Genre | : |
ISBN | : 9781736089712 |
Download The Antitrust Paradox Book in PDF, ePub and Kindle
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Author | : Robert P. Merges |
Publisher | : Harvard University Press |
Total Pages | : 422 |
Release | : 2011-06-13 |
Genre | : Law |
ISBN | : 0674049489 |
Download Justifying Intellectual Property Book in PDF, ePub and Kindle
In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.