The Role Of The State In Competition And Intellectual Property Policy In Latin America PDF Download

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Peru

Peru
Author: Beatriz Boza
Publisher:
Total Pages: 494
Release: 2000
Genre: Competition
ISBN:

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Innovation, Startups and Intellectual Property Management

Innovation, Startups and Intellectual Property Management
Author: Ignacio De Leon
Publisher: Springer
Total Pages: 177
Release: 2017-05-17
Genre: Business & Economics
ISBN: 3319549065

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This book identifies the potential of intellectual property as a competitive asset for Latin American firms. The authors employ a cognitive approach that involves identifying why small firms are reluctant to register patents, resorting rather to alternative IP competitive strategies. This, in turn, results in the undercapitalization of intellectual assets, thus creating hurdles for the development of capital venture markets. Using new data gathered from highly innovative SMEs in Latin America and the Caribbean, the authors bring a fresh cognitive approach towards understanding the institutional role of intellectual property, and outline various new policy recommendations.


The Enforcement of Competition Policy on Intellectual Property and Its Implications on Economic Development

The Enforcement of Competition Policy on Intellectual Property and Its Implications on Economic Development
Author: Ignacio De Leon
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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This paper explores the limitations of the current patent system regulating inventions, by contending that in its current form, such regulation is bound to create legal monopolies and entry barriers to potential competitors. Thus, the paper explains why the law should adopt a different pro-competitive approach towards the assignment of these rights. Our hypothesis is that the flaws on the regulatory system created by patents stems from a misunderstanding of the role they play in promoting entrepreneurship on individuals, and indeed, on a contrived "static" view of market functioning, which does not correspond to reality. Hence, there is an inclination among scholars to confuse the core protected by patents (entrepreneurial inventiveness) with an alleged natural right to what is mistakenly taken as a form of "intangible property." This confusion leads regulators to grant extensive legal temporal monopolies, thereby denying the access of potential competitors to use the ideas protected by patents, in their own innovation process. Thus, rather than protecting entrepreneurship, the current legal system is prone to stifle competition and innovation. The conclusion of this paper is that regulators should consider their knowledge limitations to devise optimal legal monopolies such as patents, and instead, should leave entrepreneurs the responsibility of deciding when and how should they make "public" the ideas embedded in their inventions. The paper explores these ideas in the context of the Latin American experience, and highlights some of the problems to be tackled in order to improve policymaking in the region. In particular, this paper outlines the present dilemmas placed on young Latin American competition policy enforcing agencies.


Competition Policy Control Over Intellectual Property Abuses

Competition Policy Control Over Intellectual Property Abuses
Author: Ignacio De Leon
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

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This paper describes the interaction between Intellectual Property (IP) protection and competition policy in Latin America, as well as the institutional difficulties of Latin American countries in making progress towards an increased control of IP abuses. The first part gives a summary of the current state of IP protection in the region; the second part, highlights areas of interaction between IP protection and competition policy; the third part explores some of the institutional problems undermining the capacity of competition agencies to effectively redress IP competitive abuses.


The Interplay Between Competition Law and Intellectual Property

The Interplay Between Competition Law and Intellectual Property
Author: Gabriella Muscolo
Publisher: Kluwer Law International B.V.
Total Pages: 566
Release: 2019-01-17
Genre: Law
ISBN: 9041186905

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Although competition law and intellectual property 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 markets-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. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields


Knowledge Generation and Protection

Knowledge Generation and Protection
Author: Jorge Mario Martínez-Piva
Publisher: Springer Science & Business Media
Total Pages: 332
Release: 2009-12-03
Genre: Political Science
ISBN: 1441912649

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This book is the English version of the text published by the Economic Commission for Latin America and the Caribbean in April 2008 and entitled Generación y protección del conocimiento: propiedad intelectual, innovación y desarrollo 1 económico. Since then, the year that has passed has been fraught with uncertainty but has also brought signs of hope. Indeed, the past year was marked by the outbreak of the deepest and most p- vasive nancial and economic crisis since the Great Depression of 1929, a crisis generated in the United States but whose negative repercussions have spread at a phenomenal rate throughout the planet. The impact of this crisis on the p- ples of Latin America and the Caribbean will undermine the region’s prospects for economic growth, employment, and poverty alleviation. This was the year in which United States citizens elected Barack Obama as their President, a clear sign of new hope. This hope was tangible at the Fifth Summit of the Americas, held in 2009 in Port of Spain, which marked a turning point in the relations between the countries that make up this hemisphere. The open posture of the United States and that country’s readiness to listen rather than to impose any particular position and its willingness to engage in dialogue on an equal footing were positive signs. Moreover, it was generally admitted that there is not just one model for advancing successfully toward development.


Competition Law in Latin America

Competition Law in Latin America
Author: Julián Peña
Publisher: Kluwer Law International B.V.
Total Pages: 613
Release: 2016-02-18
Genre: Law
ISBN: 9041168958

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In the past few years Latin American countries have taken giant steps to reposition their competition authorities in the global antitrust arena, granting them much greater autonomy both domestically and internationally. This is the first book to offer an in-depth analysis of this complex scenario. At the heart of the presentation are seven chapters detailing the competition regimes of the most active national jurisdictions in the region - Argentina, Brazil, Chile, Colombia. Mexico, Peru, and Uruguay. Written by practicing experts with considerable hands-on experience in their respective countries, each of these chapters provides a comprehensive description and explanation of the evolution, current state, and prospects for antitrust in the country. Preceding these country-by-country analyses are more general chapters on the use of economic analysis and on the special field of the information and communications technology industry, as well as chapters on the working of competition law in countries with regulated markets and in the cluster of Central American countries. Topics addressed encompass the following and more: • relevant institutions and legislation; • cartel investigations; • unilateral conduct policies; • merger review; • international coordination; • enforcement; and • remedies. Each chapter includes analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The authors also pay attention to the specificities and idiosyncrasies that are so important for a correct understanding of the practical realities of competition policy and enforcement. With its wide-ranging and in depth-approach, this book provides an incomparable analysis of a challenging region poised to become increasingly important in the international recognition and enforcement of antitrust law. It is in this sense an essential guide for lawyers, economists, corporations, academics, and government officials interested in understanding where competition law is, and where is it is going to, in Latin America.


Competition Law and Policy Reviews Competition Law and Policy in Latin America Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru

Competition Law and Policy Reviews Competition Law and Policy in Latin America Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru
Author: OECD
Publisher: OECD Publishing
Total Pages: 406
Release: 2006-10-20
Genre:
ISBN: 9264015140

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Contains the results of peer reviews of the competition law and policies of Argentina, Brazil, Chile, Mexico, and Argentina.