Over the past three decades, the make-up of the market value of Standard & Poor 500 companies has changed dramatically. While intangible assets amounted to less than one-third of company value in the mid-1980s, this has almost tripled to four-fifths on average today. A large contributor to this trend is intellectual property (IP) - a situation that is even truer for start-up companies, where IP assets may be the only significant asset a company has for quite some time. It is therefore important that company leaders understand the intricacies of IP strategy and how it is an integral part of a successful business strategy. This guide provides a solid grounding in concepts such as IP generation, IP valuation, portfolio management and the monetisation of IP assets, as well as practical guidance on setting an IP strategy and managing the risks associated with third-party intellectual property. For a holistic understanding, less formal IP assets such as trade secrets and brand strategy are covered in addition to patents and trademarks.
Intellectual property rights (IPRs), conventionally seen as quite distinct, are increasingly overlapping with one another in Europe. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs at the EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or have expired. The convergence of several IPRs on the same subject-matter poses a problem. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's examines the appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book looks at the practical consequences of each overlap at the international, European, and national levels (where the laws of France, the UK, and Germany are reviewed). It then analyzes the reasons for the prohibition or authorization of overlaps. This analysis enables the determination of criteria that can be used to (re)map the overlaps to achieve appropriateness and legitimacy. The overarching principle - which guides this mapping exercise, and which is common to all IPRs - is that of free competition; IPRs are an exception to this principle, though a public domain must exist.
This insightful book compares how the US and EU antitrust authorities have enforced Section 2 of the Sherman Act, and Article 102 of the TFEU against monopolists' practices involving intellectual property rights. The discussion comes in the wake of the great interest engendered by the interface between antitrust law and intellectual property rights, considering that the ongoing integration of markets pushes countries towards a harmonization of their legal systems. Mariateresa Maggiolino takes this inquiry forward by confronting the two jurisdictions' legal standards with current economic thinking, and discusses the policy suggestions that result. In addition, topics that are usually treated separately are effectively combined. The legal analysis is frequently connected and compared to the past and present economic thinking and Mariateresa Maggiolino expertly embraces the historical, cultural and policy perspectives. This unique book will therefore prove enriching for academics and postgraduate students of law and industrial organization.
This book examines the growing divergence between the EU and the US in their approach to antitrust law, particularly where it relates to intellectual property rights (IPRs). EU competition law has been consistently used to regulate a number of issues that have been considered to be outside the scope of the Sherman Act. The transatlantic differences relating to the assessment of market dominance are only a partial explanation for the clashes over IP rights. An equally important issue is the application of antitrust laws to market distortions resulting from a government action. In unregulated markets, competition enforcement may remedy specific market failures. In regulated markets, competition law may also be used to address externalities created by regulatory activity. The relation between antitrust law and regulation that may disrupt competitive processes is vital for the antitrust analysis of anticompetitive concerns resulting from IP rights. With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in intellectual property and competition law.
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