According to the publishers,
"The intersection of the intellectual property and competition laws presents uniquely complicated legal issues. In this essential volume Professor Carrier brings together 14 of the most important works written about the intersection. The entries, from leading judges, government officials, academics, and economists, explore history, the ‘new economy’, and frameworks to resolve the tension between the laws. They also address refusals to license, patent pools, innovation markets, standard setting organizations, and pharmaceutical patent settlements. Alongside an original introduction, this book is an authoritative reference tool for attorneys, academics, and others interested in intellectual property and competition issues.".This is all very well and true. The IP/competition interface is confoundedly complex and is a great deal more frustrating for lawyers than it is for economists. The economist 'only' has to explain, prescribe and analyse within the parameters of his discipline. The lawyer, faced with the same intersection, must tell his client which path he must take when he reaches it, what risks he will avoid if he does and what consequences he will incur if he doesn't. The lawyer gets it in the neck when his caution results in loss or diminution of market control; he also gets it if he steers his client into the one-way alley of anticompetitive practice from which there is no easy, dignified and discreet means of backing out. This book tackles some of the most awkward issues full-on -- patent thickets and patent pools are two of the most intractable -- as well as the more malleable issue of standard-setting. The editor has chosen his contributors, and the contributions, with the skilled eye of the connoisseur, to the benefit of the serious student of this tricky topic.
|Can this be a European economist|
with an interest in the IP/competition
interface -- or is it just another Yeti?
Bibliographical data. Hardback. xx + 753 pages. ISBN 978 1 84844 218 4. Price £220 (online from the publisher's website £198). Rupture factor: severe. Book's web page here.
"... whether advising clients or preparing for teaching there is no European lawyer who can afford not to have a copy of this book close to hand [Publishers always think academics can afford books. Academics know they can't, which is why they review them and get to keep the review copy]. Concise, precise, and lucid, the book has become the first port of call [indeed, an 'essential facility' as we competition lawyers like to say] for anyone seeking answers to questions about the foundations of free movement of goods in the EU. With specialist chapters written by leading academic and practising lawyers, including Peter Oliver himself, this edition has been extensively rewritten to take into account recent judgments from the ECJ, including important cases such as C-110/05 Commission v Italy ("trailers") and C- 142/05 Mickelsson ("jet skis") [oh dear, the Kat didn't spot this one when it was decided, but it does mention the free movement of goods ... just], both of which relate to restrictions on the use of goods. It also takes account of all the recent European legislation and the impact of the Lisbon Treaty".The Kat has taken a tour round this book and has to confess that it lives up to all the nice things the publisher's blurb says about it. Books don't usually get to a fifth edition unless (i) they're pretty useful or (ii) the author pays to have them published. This book is definitely in the first of those categories.
Bilbiographical data. Hardback. xciii + 534 pages. 9781841138107 Price £95. Rupture factor: medium. Web page here.