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The TRIPS Regime of Antitrust and Undisclosed Information

2008-01-01 Law
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Release : 2008-01-01
Genre : Law
Kind : eBook
Book Rating : 430/5 ( reviews)

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Book Synopsis The TRIPS Regime of Antitrust and Undisclosed Information by : Nuno Pires de Carvalho

Download or read book The TRIPS Regime of Antitrust and Undisclosed Information written by Nuno Pires de Carvalho. This book was released on 2008-01-01. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating, in contrast to much received wisdom, the intrinsic pro-competitive nature of intellectual property and of industrial property in particular.

The Protection against Unfair Competition in the WTO TRIPS Agreement

2016-06-10 Business & Economics
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Release : 2016-06-10
Genre : Business & Economics
Kind : eBook
Book Rating : 478/5 ( reviews)

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Book Synopsis The Protection against Unfair Competition in the WTO TRIPS Agreement by : Christian Riffel

Download or read book The Protection against Unfair Competition in the WTO TRIPS Agreement written by Christian Riffel. This book was released on 2016-06-10. Available in PDF, EPUB and Kindle. Book excerpt: In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge and examines a possible application to unsettled issues, such as core labour standards and traditional knowledge. Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law. By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.

Trade Secrets and Employee Mobility

2018-02-08 Business & Economics
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Release : 2018-02-08
Genre : Business & Economics
Kind : eBook
Book Rating : 228/5 ( reviews)

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Book Synopsis Trade Secrets and Employee Mobility by : Magdalena Kolasa

Download or read book Trade Secrets and Employee Mobility written by Magdalena Kolasa. This book was released on 2018-02-08. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.

Gurry on Breach of Confidence

2012-03-29 Law
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Release : 2012-03-29
Genre : Law
Kind : eBook
Book Rating : 395/5 ( reviews)

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Book Synopsis Gurry on Breach of Confidence by : Tanya Aplin

Download or read book Gurry on Breach of Confidence written by Tanya Aplin. This book was released on 2012-03-29. Available in PDF, EPUB and Kindle. Book excerpt: Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges. Aplin, Bently, Johnson and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history and current relevance of the action for breach of confidence, . The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law. Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.

Blocking Patents in European Competition Law

2021-12-03 Law
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Release : 2021-12-03
Genre : Law
Kind : eBook
Book Rating : 155/5 ( reviews)

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Book Synopsis Blocking Patents in European Competition Law by : Angelika S. Murer

Download or read book Blocking Patents in European Competition Law written by Angelika S. Murer. This book was released on 2021-12-03. Available in PDF, EPUB and Kindle. Book excerpt: In practice and jurisprudence in European competition law, it is especially difficult to define the boundaries of patent abuse as an offence. In this thoroughly researched book, the author answers the question of when and how an application for a blocking patent can amount to an abuse of a dominant position under Article 102 TFEU. Drawing on legal literature and European Union (EU) case law, the presentation analyses a constellation of blocking patenting strategies and proposes potential remedies where abuse is involved. With detailed descriptions of the characteristics of potentially abusive and non-abusive behaviour regarding applications for blocking patents, the book provides the following and more: a comprehensive analysis of the case law of the EU courts on the abuse of a dominant position in cases which involve intellectual property rights; insights on how patenting strategies affect competition with a particular focus on the application of blocking patents; an overview of the developments in doctrine and practice which led to the current understanding of the seemingly conflictual goals of competition and intellectual property law; and insights on the difficulties of defining relevant markets and establishing whether an undertaking holds a dominant position. The book illustrates the mechanisms of blocking patenting strategies with examples from the pharmaceutical industry because blocking strategies have particular relevance in applying for patents in that context. A test scheme for analysing the application of a blocking patent under Article 102 TFEU is included. Additionally, the book provides an outlook on the topic of patents and shortages of supply in light of the COVID pandemic. Practitioners and policymakers requiring an understanding of the conceptual framework of the abuse concept within EU competition law and how it relates to patent strategies will welcome this invaluable book. They will not only be able to set the conduct of applying for blocking patents into the Article 102 TFEU context but also have decisive tools to approach questions on the intersection of patent law and competition law in the EU.

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