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Borderlines in Private Law

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Intellectual Property and Competition Law: The Innovation Nexus


ISBN13: 9781845421359
ISBN: 1845421353
Published: April 2006
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £94.00



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This rich and challenging book offers a critical appraisal of the relationship between intellectual property law and competition law, from a particularly European perspective.

Gustavo Ghidini highlights the deficiencies in studying each of these areas of law independently and argues for a more holistic approach, insisting that it is more useful, and indeed essential, to consider them as interdependent. He does this first by examining how competition and intellectual property (IP) converge, diverge, and inform one another. Secondly, he assesses how IP law can be interpreted through the guiding principles of competition law – antitrust and unfair competition – and within the overarching principle of free competition.

Subjects:
Intellectual Property Law
Contents:
Preface by J.H. Reichman 1. Introduction and the General Framework 2. Patent Protection of Innovations: A Monopoly with a Wealth of Antibodies 3. From Art to Technology: The Expansion of Copyright 4. The Distinguishing Function and Advertising Value of the Trademark: Main Aspects and Critique of a European ‘Reform’ 5. On the ‘Intersection(s)’ of IP and Competition Law(s) Index