Drexl Josef. Research Handbook on Intellectual Property and Competition Law

Edward Elgar, 2008. — 510 p. — ISBN: 978-1-84542-047-5.Concern about expanding and possibly ‘anti-competitive’ intellectual property rights, blocking patents and patent ambush cases, network effects, especially in information technology industries, and the growing need for standardization compel those practicing in these areas of law to request more fundamental research on the interface of intellectual property and competition law. Such research, however, in both economic theory and legal studies, is still in a stage of infancy. Economics can well explain and advise how markets work when it comes to price and output, but the field still lacks operational models for intervention in order to guarantee that the use of very roughly hewn IP systems does not harm the delicate dynamics of competition and, ultimately, consumer welfare. Meanwhile lawyers have to struggle with the growing number of IP-related competition law cases and discuss the most appropriate ways to draw the line between the exclusivity of the right and competition law intervention with a view to enhancing innovation.
This Handbook, bringing together 18 chapters by lawyers and economists from different countries, responds to this need for further research. All the contributions are the result of a research project organized and financed by the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich, Germany. The project ran for several years. A first meeting took place in 2003 at Kloster Seeon (Bavaria), where initial papers were discussed in the framework of a smaller group. This group decided to develop such a handbook by inviting more authors to write articles on subtopics in the field according to their preference. A second meeting then took place at the Munich Institute in September 2006. All papers had been distributed among the participants beforehand. Each member of the group presented and criticized the paper of another member. After two days of intensive discussion the participants were sent home to work on their papers. The result of this work is published in this book.