Ipkat At Ip/Competition Forum

On Fri i one-half of the IPKat spent a pleasant twenty-four lx minutes catamenia inwards Oxford at the IPI/Oxford Intellectual Property Research Centre/University of Oxford Centre for Competition Law in addition to Policy IP Forum. The bailiwick was Intellectual Property in addition to Competition Law: Contemporary Issues.

Highlights included:

* Professor Steve Anderman (Essex) on the IP/competition constabulary interface in addition to how the 2 areas of constabulary bargain alongside the interface
* Professor Stefan Szymanski (Imperial) giving the economist’s sentiment of IP in addition to contest alw, in addition to final that Earth stimulate got a pretty bleak sentiment of IP in addition to and hence to a greater extent than erosion of IP constabulary past times contest constabulary is likely.
* Christine Greenhalgh (Oxford) on her in addition to Mark Rogers’ (also Oxford) empirical interrogation on the interaction of competition, R & D in addition to IP
* Dr John Temple Lang (Cleary Gottlieb Steen in addition to Hamilton LLP, Trinity College Dublin in addition to Oxford) on whether pre-standard royalty talks in addition to royalty obligations breach Art.82 EC
* Alden F Abbott (FTC) on the US in addition to peculiarly the FTC’s mental attitude to diverse arguably uncompetitive IP-related hot potatoes
* Josef Drexl (Max Planck) on the desirability of international contest constabulary rules to gibe the international IP norms.
* Allen northward Dixon on the contest constabulary problems that practitioners are probable to face

While the IPKat constitute the twenty-four lx minutes catamenia illuminating, he got a combat dispirited past times the pathological approach of essentially all the speakers. The focus was squarely on how contest constabulary tin stride inwards when IP rights are beingness misused. would stimulate got liked to stimulate got seen to a greater extent than emphasis on the mode inwards which IP constabulary already tried to stimulate got the interests of competitors into account, in addition to whether contest lawyers mean value that IP constabulary is doing a skillful project of this. In particular, the IPKat would stimulate got been interested to know what a contest lawyer would stimulate got made of the merchandise grade constabulary concept of the existent in addition to serious demand to perish along for sure marks gratis for other competitors to purpose in addition to the idea/expression dichotomy. There was roughly mumbling well-nigh IP rights given to ‘undeserving’ bailiwick thing such every bit databases in addition to the Magil-type compilation, exactly the fact that we’ve arguably got inwards incorrect inwards these particular areas doesn’t hateful that at that spot isn’t sound, competition-based reasoning at travel inwards the view of the ‘core’ IP rights.

also noticed a style amidst the contest lawyers to sentiment IP rights every bit the equivalent of tangible holding rights. This is an oversimplification, peculiarly when i looks at the limited ways inwards which for sure IP rights tin last infringed. This mightiness travel to the wages of IP lawyers since contest lawyers seem to recognise that holding rights are necessary inwards our economic scheme exactly it’s difficult to run across how the analysis tin last accurate if it starts on an supposition well-nigh a highly debatable premise.