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A Critical Mind: Hanns Ullrich's Footprint in Internal Market Law, Antitrust and Intellectual Property

Edited by: Christine Godt, Matthias Lamping

ISBN13: 9783662659731
Published: June 2023
Publisher: Springer-Verlag
Country of Publication: Germany
Format: Hardback
Price: £199.99



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This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.

Subjects:
Competition Law, Intellectual Property Law
Contents:
Part I: European Legal Order
Market Access and Competition Rules of the EU - Was their Constitutionalization Based on a Judicial Error?
Renewing the Van Gend Pledge - Continuity and Resilience in the Court's Construction and Defense of the Supranational Character of EU Law
Why is the Regulation of Enforcement through the EU so Difficult?

Part II: Competition
On the Political Nature of Competition Law
Competition Law and Political Influence of Large Corporations - How Antitrust Analysis Can Capture the Link between Political and Economic Institutions That Affect Market Competition
Cutting into Diamonds: Competition Law, IPR, Trade Secrets and the Case of 'Big Data'
FRAND Declarations and the 'Third-Party Effect' - A Contract Law and Competition Law Perspective
In Rem Effect of Licensing Declarations - Hanns Ullrich's Traces in Recent Case Law

Part III: Intellectual Property
Mapping the Intangible Economy
Exclusive Rights for a Purpose - Intellectual Property as a Framework Regulation of Innovation Markets
From a Rights-Based to a Procedural Approach: Re-Purposing the Exercise of Intellectual Property Rights
How to Stay Modern Feudalism? Comparing EU and US Methodologies in Containing Post-Sale Restraints by Way of IP Exhaustion
Virtual Patent Networks and Their Network Effects
The Public Interest in Compulsory Licensing: Examining the Complementarity Between IP and Competition Law

Part IV: Data Economy
Digital Sovereignty and Governance in the Data Economy: Data Trusteeship instead of Property Rights on Data
Incentives for Data-Sharing as a Case on (Regulating) Knowledge Externalities
Some Remarks on the Subjective Profiles of the EOSC Project, Especially from the Perspective of IP Law

Part V: Artificial Intelligence
Inventorship in the Age of Artificial Intelligence
Artificial Intelligence and the Technicality Requirement of Patent Law
Patent Infringement by Development and Use of Artificial Intelligence Systems, Specifically Artificial Neural Networks

Part VI: Digital Media
Copyright, News, and 'Information Products' under the New DSM Copyright Directive
Media, Legal Tech and Modern Copyright Law German Lawyers in the Digital World
Media Policy and Copyright in Europe: The Progressive Expansion of the Law for Broadcasters to Online Platforms

Part VII: Biotechnology
Gene Editing Technology Patents or Monopolization of Scientific Knowledge and Health Care?
A Comprehensive Approach to Plant Variety Rights and Patents in the Field of Innovative Plants

Part VIII: Global Market Order
TRIPS through a Military Looking Glass.- A Transactional Approach to Intellectual Property
Manufacturing for Export: A TRIPS-Consistent Pro-Competitive Exception
Reductionist Intellectual Property Protection and Expansionist (and 'Prodevelopment') Competition Rules as a Human Rights Imperative? Enhancing Technology Transfer to the Global South
Caught Between Post- and Neo-Colonialism - IP for Traditional Knowledge, Traditional Cultural Expressions and Indigenous Resources