When Claus-Dieter Ehlermann asked me in late December 2004 whether I
would be willing to contribute to the 10th Annual Competition Law and
Policy Workshop, I was not quite sure whether he was about to offer me a
Christmas gift or another Dardanians’ present.
1 After all, the relationship
between the protection of intellectual property and the maintenance of free
competition is the subject of an age-old debate2 to which I had already con-
tributed too much, with too little impact.
The application of competition law to intellectual-property-related cases may
well be regarded as one of the most complex and critical fields of competition
policy. Whereas in the past intellectual property and competition were mostly
considered as contradictory concepts, it is today widely admitted that both
fields of law, intellectual property and competition law, are meant to promote
complementary goals, namely innovation based on dynamic concepts of
From the moment I got in contact with the law as a student, I have been try-
ing to find the crosslinks between the various areas of law as well as rela-
tionships between certain areas of law and matters of public policy and
economics. Unfair competition law, as a separate area of law, has proved to
be a particularly attractive area of law in light of the above.
The purpose of this book is to examine the experience of a number of
countries in grappling with the problems of reconciling the two fields of
competition policy and intellectual property rights. The first two parts
of the book indicate the variation in legislative models as well as the
wide variety of judicial and administrative doctrines that have been
used. The jurisdictions selected for study are the three major trading
blocks with the longest experience of case law, the EU, the USA and
Japan, and three less populous countries with open economies,
Australia, Ireland and Singapore.
To an economist, a contract is an agreement under which two parties make reciprocal
commitments in terms of their behavior - a bilateral coordination arrangement. Of course,
this formulation touches on the legal concept of the contract (a meeting of minds creating
effects in law), but also transcends it.
Senator Edwards is not alone in observing a lack of accountability in America’s
democracy. Indeed, both popular and academic media offer considerable support for
this sentiment. The popular Cable News Network (CNN) criticized “government, big
business, and special interest groups” for enriching themselves at the expense of the
common electorate and characterized elected offices as “accountability free zones”
while arguing that “our government no longer works for us.”2 Important scholars
like John Matsusaka have added weight to this type of argument.
In the last two decades, European Union (EU) administrative law has gone through
a process of extraordinary development and consolidation. It first developed as a
body of principles and rules aimed at governing, on the one hand, the action of the
EU public powers (such as the action of the Commission in the fields of State aids
and competition), on the other hand, the action of the national administrations
operating as decentralized EU agencies (e.g. the action of national public
administrations in the field of public procurement)....
Lecture Managerial economics - Chapter 6 include the contents: How competition is rivalry to obtain a distinct advantage, categorizing and analyzing competitive strategies, how mergers and lawful agreements among competitors can
sometimes increase economic value created in a market,... Inviting you to refer.
In this chapter we will discuss: Differentiate the various intellectual property rights: patent, copyright, and trademark; describe infringement and defenses; explain misappropriation theory and the importance of trade secrets; identify the elements a plaintiff must prove in unfair competition claims.
Chapter 8 - Intellectual property and unfair competition. Upon completion of this lesson, the successful participant will be able to: Differentiate the various intellectual property rights: patent, copyright, and trademark; describe infringement and defenses; explain misappropriation theory and the importance of trade secrets; identify the elements a plaintiff must prove in unfair competition claims.
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Charles DesForges is Chairman of Casect Ltd and a partner of CMD Associates.
From May 1997 to October 2000 he was Executive Director of IMnI, an
international, metal mining consortium based in Paris. He was Chief Executive of
VSL (UK-based professional organisation specialising in innovation management
and investment, European/USA strategic alliances and international licensing) from
April 1993 to December 2000 and in addition he was Chairman of Royston Lead
plc from January 1996 to October 1997.
Korea’s experience also illustrates how good crisis management can accelerate structural adjustment. The Asian financial
crisis of the late 1990s led to significant down-sizing among large firms in Korea. This process was characterized by mass
lay-offs of highly-skilled personnel, and large reductions in corporate R&D spending. The response of the Korean
government, in addition to boosting education expenditure, was to increase its R&D budget, to offset the decline in
corporate R&D spending.
To identify a solution for his in-building wireless coverage needs, Carson called on Richard Glasgow,
CEO of Glasgow Group, a D.C.-based telecommunications and network consulting firm, specializing in
communications infrastructure, telephony systems, and data center technologies. After a competitive
procurement process, Glasgow recommended the InterReach Unison® system. “We looked at several
systems, and InterReach Unison had the best architecture because it offered significantly easier
deployment and lower costs,” says Glasgow....
The structure of the paper is as follows. Section 2 discusses the literature on both measuring
competition and the bank interest rate pass-through. Section 3 describes the Boone indicator of
competition and Section 4 the employed interest rate pass-through model of the error-correction type
and the applied panel unit root and cointegration tests. Section 5 presents the various data sets used.
The results on the various tests and estimates of the spread model and the error correction model
equations are shown in Section 6. Finally, Section 7 summarises and concludes....
This book is based on a PhD thesis written between September 1997 and
December 2000 at the European University Institute in Florence, under the joint
supervision of Giuliano Amato and Jean-Victor Louis.
The viva took place on 5 March 2001. The examining board was composed
of my supervisors, Gráinne de Búrca, Koen Lenaerts and Peter Oliver. I would
like to thank them for their comments, criticism and suggestions. I am especially
grateful to my supervisors, who were always of great help.
Gustavo Ghidini has an excellent grasp of both the principles and the many
specific provisions underlying intellectual property law in Italy and Europe.
Nevertheless, he is neither a dogmatist nor an exegete immersed within the
horizon of the texts he reads. He has a powerful vision of the politics of law,
regularly setting it out in his premises and grounding it in his interpretation of
current principles, which he justifies.
Purpose of the study: On the basis of synthesis and clearer interpretation of the relationshipsbetween competition and monopoly, between competition policy and monopoly control one, in which competition and mono
poly control law forms an important part of competition policy. In addition, based on the analysis results and situation assessment as well as reference to experience drawn from some countries in the world, and changes of the global environment;...
Following the same logic, the magnitude of the effect of an event is considered
sufficient if the effect on the policyholder is significant when compared to the
minimum benefits payable in a scenario of commercial substance.
Payments made which do not compensate the policyholder for the effect of the
insured event, e.g. payments made for competitive reasons, are not taken into
consideration in the assessment of insurance risk.
However, IFRS 4 does not limit the payment by the insurer to an amount equal to
the financial impact of the adverse event.
Earlier research confirms this disparity in views and also the huge variation in the structures and
roles of PMOs. In the tougher economic conditions and increasingly competitive business
environment of today, organisations cannot afford to continue spending huge sums of money on
unsuccessful projects and programmes. Neither can they afford the cost of an ineffective PMO. So it
is important to evaluate and understand the value a PMO can and should deliver and what
constitutes the right mix of people and processes within a PMO to make that contribution.