Hanns Ullrich – författare

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.The essays in this 6th volume in the series draw new lines of research, reaching from investigating the imperfections of technology markets and ways to overcome them, to the complexity of the multiple interacting factors determining the needs and uses of intellectual property that reveals the futility of any wholesale assessment; from the dysfunctional attribution of rights of exploitation for patents resulting from publicly funded research, to the extension of patentability to aesthetic subject matter in the era of digitalization; from the ambivalent effects that philanthropic sponsorship of access to medicines may produce on creating a domestic pharmaceutical industry and infrastructure, to the expansion of protection of regulatory data by the rules on market authorization of pharmaceuticals; and finally, from the impact of technological change on the societal perception and the concepts of copyright, to that which artificial intelligence may eventually have on the very foundations of patent protection as an incentive for investment in innovation.With contributions from: Julian Cockbain, Christine Godt, E. Richard Gold, Christoph B. Garber, Dietmar Harhoff, Heinz Klug, Nari Lee, Gabriela Lenarczyk. Duncan Matthews, Sigrid Sterckx, Żaneta Zemła-Pacud

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.

The essays in this 6th volume in the series draw new lines of research, reaching from investigating the imperfections of technology markets and ways to overcome them, to the complexity of the multiple interacting factors determining the needs and uses of intellectual property that reveals the futility of any wholesale assessment; from the dysfunctional attribution of rights of exploitation for patents resulting from publicly funded research, to the extension of patentability to aesthetic subject matter in the era of digitalization; from the ambivalent effects that philanthropic sponsorship of access to medicines may produce on creating a domestic pharmaceutical industry and infrastructure, to the expansion of protection of regulatory data by the rules on market authorization of pharmaceuticals; and finally, from the impact of technological change on the societal perception and the concepts of copyright, to that which artificial intelligence may eventually have on the very foundations of patent protection as an incentive for investment in innovation.

With contributions from: Julian Cockbain, Christine Godt, E. Richard Gold, Christoph B. Garber, Dietmar Harhoff, Heinz Klug, Nari Lee, Gabriela Lenarczyk. Duncan Matthews, Sigrid Sterckx, Żaneta Zemła-Pacud

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline. This second volume of Kritika, like the first, sees its contributors writing on core themes and concepts of intellectual property. The essays deal with the current limits of economic knowledge and approaches to intellectual property; China's approach to innovation and intellectual property; a functional and constructivist account of intellectual property rights; the evolution of the essential facilities doctrine, including in the Chinese context; the emergence of multi-layered IP protection for designed objects; the changing balance of the interests of trade mark proprietors, competitors and consumers; the interaction between place and non-agricultural geographical indications; and the trajectory of increased protection for intellectual property and some of its likely consequences. With contributions from: Giuseppe Colangelo; Vincenzo Di Cataldo; Susy Frankel; Johanna Gibson; Keith E. Maskus; Roberto Pardolesi; Thomas Riis; Jens Schovsbo; Ken Shao and Michel Vivant

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.

This second volume of Kritika, like the first, sees its contributors writing on core themes and concepts of intellectual property. The essays deal with the current limits of economic knowledge and approaches to intellectual property; China''s approach to innovation and intellectual property; a functional and constructivist account of intellectual property rights; the evolution of the essential facilities doctrine, including in the Chinese context; the emergence of multi-layered IP protection for designed objects; the changing balance of the interests of trade mark proprietors, competitors and consumers; the interaction between place and non-agricultural geographical indications; and the trajectory of increased protection for intellectual property and some of its likely consequences.

With contributions from: Giuseppe Colangelo; Vincenzo Di Cataldo; Susy Frankel; Johanna Gibson; Keith E. Maskus; Roberto Pardolesi; Thomas Riis; Jens Schovsbo; Ken Shao and Michel Vivant

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.This third volume of Kritika again brings together leading scholars from different fields and disciplines. Their essays reflect on some of the big problems in the field, addressing issues such as the way that institutions like WIPO continue with their propertization missions, how the bells of lobbyists toll incessantly for new data rights, and the ways in which discourses of human rights and information justice struggle to turn intellectual property from an instrument of private accumulation into one of service for the common good. Important questions in the field are also tackled, for example, how does the Islamic view of knowledge as life cohere with intellectual property, at a time when, as other essays show, intellectual property grounds new forms of state imperium?With contributions from: Sara Bannerman; Shamnad Basheer; Rahul Bajaj; Mohammed El Said; Blayne Haggart; Thomas Hoeren; P. Bernt Hugenholtz and Fiona Macmillan

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.

This third volume of Kritika again brings together leading scholars from different fields and disciplines. Their essays reflect on some of the big problems in the field, addressing issues such as the way that institutions like WIPO continue with their propertization missions, how the bells of lobbyists toll incessantly for new data rights, and the ways in which discourses of human rights and information justice struggle to turn intellectual property from an instrument of private accumulation into one of service for the common good. Important questions in the field are also tackled, for example, how does the Islamic view of knowledge as life cohere with intellectual property, at a time when, as other essays show, intellectual property grounds new forms of state imperium?

With contributions from: Sara Bannerman; Shamnad Basheer; Rahul Bajaj; Mohammed El Said; Blayne Haggart; Thomas Hoeren; P. Bernt Hugenholtz and Fiona Macmillan

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.The essays in this 5th volume in the series come from authors who, after a lifelong engagement with various fields of intellectual property (including its socio-economic foundations), reflect on the events and processes that, in their scholarly experience, most significantly impacted on the great evolutionary trends in their particular fields.These reflections span a wide arc from the contradictory history of the regulation of employee inventions and works, to the status of intellectual property as market regulation under public international law; from the trajectories of trade mark protection in the European Union, to the paradigmatic changes copyright law has undergone as a result of technological change; from the influence of the human rights movement on perceptions of intellectual property, to the pendulum swings of patent protection in gene technology inventions; and finally, from the impact of the TRIPS Agreement and bilateral TRIPS plus agreements on IP in the pharmaceutical sector, to the continuing development of copyright for works of art and of the resale right in the PR China.With contributions from: Niklas Bruun, Thomas Cottier, Annette Kur, Hector L. MacQueen, Sam Ricketson, Dianne Nicol, Jayashree Watal, Zhou Lin

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.

The essays in this 5th volume in the series come from authors who, after a lifelong engagement with various fields of intellectual property (including its socio-economic foundations), reflect on the events and processes that, in their scholarly experience, most significantly impacted on the great evolutionary trends in their particular fields.

These reflections span a wide arc from the contradictory history of the regulation of employee inventions and works, to the status of intellectual property as market regulation under public international law; from the trajectories of trade mark protection in the European Union, to the paradigmatic changes copyright law has undergone as a result of technological change; from the influence of the human rights movement on perceptions of intellectual property, to the pendulum swings of patent protection in gene technology inventions; and finally, from the impact of the TRIPS Agreement and bilateral TRIPS plus agreements on IP in the pharmaceutical sector, to the continuing development of copyright for works of art and of the resale right in the PR China.

With contributions from: Niklas Bruun, Thomas Cottier, Annette Kur, Hector L. MacQueen, Sam Ricketson, Dianne Nicol, Jayashree Watal, Zhou Lin

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.Bringing together leading experts in intellectual property, this fourth volume of Kritika tackles head on the most pressing legal issues that lie at the heart of the contemporary marketplace. The topics in this volume include the possible futures of IP; the challenges that the information age poses for rational code design and the protection of social interests; the changing purpose of unfair competition law; the Durkheimian basis for a more socially inclusive form of IP; the reality of IP on the legal streets of Brazil; the shortfalls of intellectual property as dominium and the issue of rights to machine-generated and automated data.With contributions from: Pedro Marcos Nunes Barbosa, Rochelle C. Dreyfuss, Séverine Dusollier, Valeria Falce, Mark Findlay, Frake Hennine-Bodewig and Hans-Wolfgang Micklitz

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.

  Bringing together leading experts in intellectual property, this fourth volume of Kritika tackles head on the most pressing legal issues that lie at the heart of the contemporary marketplace. The topics in this volume include the possible futures of IP; the challenges that the information age poses for rational code design and the protection of social interests; the changing purpose of unfair competition law; the Durkheimian basis for a more socially inclusive form of IP; the reality of IP on the legal streets of Brazil; the shortfalls of intellectual property as dominium and the issue of rights to machine-generated and automated data.

With contributions from: Pedro Marcos Nunes Barbosa, Rochelle C. Dreyfuss, Séverine Dusollier, Valeria Falce, Mark Findlay, Frake Hennine-Bodewig and Hans-Wolfgang Micklitz

With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective. The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition, which it does by reviewing the following subjects:foundations of competition policy in the EU and the US strategic competition policy the evolution of European competition law from a national (Italian) perspective the block exemption of vertical agreements after four yearsthe new Technology Transfer Block Exemptioncooperative networkingmergers in the media sectorabuse of market powerconcepts of competition in sector specific regulationcompetition, regulation and systems coherenceefficiency claims in EU competition law and sector specific regulation.The Evolution of European Competition Law will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.

With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective.

The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition, which it does by reviewing the following subjects:

foundations of competition policy in the EU and the US strategic competition policy the evolution of European competition law from a national (Italian) perspective the block exemption of vertical agreements after four yearsthe new Technology Transfer Block Exemptioncooperative networkingmergers in the media sectorabuse of market powerconcepts of competition in sector specific regulationcompetition, regulation and systems coherenceefficiency claims in EU competition law and sector specific regulation.

The Evolution of European Competition Law will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.

This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquireinto whether the TRIPS Agreement should still be seen only as part of aninternational trade regulation, or whether it needs to be understood – or even reconceptualized– as a framework regulation for the international protection of intellectualproperty. The purpose, therefore, is not to define the terms of an outright revision of theTRIPS Agreement but rather to discuss the framework conditions for an interpretative evolutionthat could makethe Agreement better suited to the expectations and needs of today’s globaleconomy.

This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquireinto whether the TRIPS Agreement should still be seen only as part of aninternational trade regulation, or whether it needs to be understood – or even reconceptualized– as a framework regulation for the international protection of intellectualproperty. The purpose, therefore, is not to define the terms of an outright revision of theTRIPS Agreement but rather to discuss the framework conditions for an interpretative evolutionthat could makethe Agreement better suited to the expectations and needs of today’s globaleconomy.

This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquireinto whether the TRIPS Agreement should still be seen only as part of aninternational trade regulation, or whether it needs to be understood – or even reconceptualized– as a framework regulation for the international protection of intellectualproperty. The purpose, therefore, is not to define the terms of an outright revision of theTRIPS Agreement but rather to discuss the framework conditions for an interpretative evolutionthat could makethe Agreement better suited to the expectations and needs of today’s globaleconomy.

The main objective of the contributions to this book is to bring together two seemingly different strands of thought: the competition-law analysis of the exercise of intellectual property, and the discussion about the proper limits of protection, which at present takes place inside the intellectual property community. Both are burdened with their own problems, particularly so in Europe, where market integration and the divide between exclusionary and exploitative abuses ask for a more dimensional approach, and where the shaping of intellectual property protection is under not only the influence of many interests and policies, but a multi-level exercise of the Community and its member states. The question is whether, nevertheless, there is a common concern, or whether the frequently asserted convergence of the operation and of the goals of competition law and intellectual property law does not mask a fundamental difference – namely that of, on the one hand, protecting freedom of competition against welfare-reducing restrictions of competition only, and, on the other, limiting the protection of exclusive rights in the (public) interest of maintaining free access to general knowledge. The purpose of the workshop held in 2007 at the College of Europe, Bruges, and whose results are published here, was to ask which role market power plays in either context, which role it may legitimately play, and which role it ought not to play. A tentative answer might be found in the general principle that, just as intellectual property does not enjoy a particular status under competition law, so competition law may not come as a white knight to rescue intellectual property protection from itself. However, the meaning of that principle differs according to both the context of the acquisition and the exploitation of intellectual property, and it differs from one area of intellectual property to the other. Therefore, an attempt has also been made to cover more facets of the prism-like complex of problems than is generally done.

Mit der Arbeit wird der Versuch unternommen, eine Gesamtdarstellung über die geheimen Schutzrechte zu geben. Im Zentrum der Arbeit steht die kritische Analyse der gesetzlichen Regelungen im Patent- und Gebrauchsmustergesetz. Sie wird um eine historische Darstellung der Geheimschutzrechte sowie um Analysen aus verfassungsrechtlicher und rechtsvergleichender Sicht ergänzt. Abschliessend werden aufgrund der Schwachstellen der gegenwärtigen Regelungen Reformvorstellungen entwickelt.

Die besondere Schwierigkeit der kartellrechtlichen Beurteilung von Softwareverträgen besteht darin, dass Software urheberrechtlich geschützt ist und unter Umständen Beschränkungen, die nach Urheberrecht zulässig sind, dennoch Wettbewerbsbeschränkungen oder einen Marktmachtmissbrauch darstellen können. Es gilt, die Grenzlinie zwischen Urheberrechtsschutz und Wettbewerbsbeschränkung zu ziehen. Hierbei muss die Funktion des Urheberrechts im wirtschaftlichen Gesamtzusammenhang berücksichtigt werden. Im Ergebnis wird wegen der softwarespezifischen Besonderheiten, unter anderem im Vergleich zu sonstigen urheberrechtlich geschützten Werken, eine eigene Gruppenfreistellungsverordnung für Softwareverträge befürwortet.

In der deutschen Mineralölindustrie ist das Preisverhalten auf Tankstellenebene durch annähernde Gleichpreisigkeit bei den Markenanbietern und eine Parallelität der Preisbewegungen gekennzeichnet. Aus oligopoltheoretischer und kartellrechtlicher Sicht stellt sich die Frage, ob dieses Preisverhalten Ausdruck kollusiven Verhaltens ist oder einfach die gleichgewichtige Reaktion wettbewerblicher Oligopolisten auf Änderungen der Beschaffungspreise und Nachfragebedingungen widerspiegelt. Es gilt, die Frage aus kartellrechtlicher, oligopoltheoretischer und empirischer Perspektive zu betrachten, insbesondere im Hinblick auf die Diskussion einer stärkeren ökonomischen Fundierung des Kartellrechts.