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40 produkter
40 produkter
Mechanisms to Enable Follow-On Innovation
Liability Rules vs. Open Innovation Models
Inbunden, Engelska, 2021
1 559 kr
Skickas inom 10-15 vardagar
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents.
Mechanisms to Enable Follow-On Innovation
Liability Rules vs. Open Innovation Models
Häftad, Engelska, 2022
1 559 kr
Skickas inom 10-15 vardagar
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents.
Access to Non-Summary Clinical Trial Data for Research Purposes Under EU Law
Inbunden, Engelska, 2021
1 268 kr
Skickas inom 10-15 vardagar
This book draws a unique perspective on the regulation of access to clinical trial data as a case on research and knowledge externalities. Notwithstanding numerous potential benefits for medical research and public health, many jurisdictions have struggled to ensure access to clinical trial data, even at the level of the trial results.
1 268 kr
Skickas inom 10-15 vardagar
This book draws a unique perspective on the regulation of access to clinical trial data as a case on research and knowledge externalities. Notwithstanding numerous potential benefits for medical research and public health, many jurisdictions have struggled to ensure access to clinical trial data, even at the level of the trial results.
Health Data Pools Under European Data Protection and Competition Law
Health as a Digital Business
Inbunden, Engelska, 2022
1 365 kr
Skickas inom 10-15 vardagar
It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met.
Health Data Pools Under European Data Protection and Competition Law
Health as a Digital Business
Häftad, Engelska, 2023
1 365 kr
Skickas inom 10-15 vardagar
It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met.
Intangible Cultural Heritage, Sustainable Development and Intellectual Property
International and European Perspectives
Inbunden, Engelska, 2022
1 268 kr
Skickas inom 10-15 vardagar
This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs).
Intangible Cultural Heritage, Sustainable Development and Intellectual Property
International and European Perspectives
Häftad, Engelska, 2023
1 268 kr
Skickas inom 10-15 vardagar
This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs).
Trade Secrets Legal Protection
From a Comparative Analysis of US and EU Law to a New Model of Understanding
Inbunden, Engelska, 2023
1 559 kr
Skickas inom 10-15 vardagar
Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended.
Trade Secrets Legal Protection
From a Comparative Analysis of US and EU Law to a New Model of Understanding
Häftad, Engelska, 2024
1 559 kr
Skickas inom 10-15 vardagar
Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended.
Del 21 - Munich Studies on Innovation and Competition
CAFTA-DR, European Free Trade Agreements and the Industrial Property System in Central America
A Contribution to the TRIPS-plus Debate
Inbunden, Engelska, 2025
1 947 kr
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Do the IP rules of FTAs sufficiently address institutional factors necessary for an effective IP system? By looking at several countries, a broad range of IP rights and the practical implementation of FTA obligations, this book provides a broad range of information and insights.
Personalised Medicine
Incentives from Exclusivities Provided by IP and Regulatory Law
Inbunden, Engelska, 2026
1 677 kr
Kommande
“It is commonly held that the limited market of Personalised Medicine (PM) undermines the relevance of patent protection, given the limited returns on investment. However, contrary to initial assumptions, this study finds that PM markets are not per se unattractive financially because of their size. While each application market may be characterised by a smaller consumer base, this does not represent the entire scale of the market. The same substance may be utilised for a multitude of applications, encompassing both personalised and conventional drugs. In addition, factors such as the added value of more efficient and targeted treatments and cost reduction of clinical trials also enhance PM’s appeal. Despite the absence of any substantial challenges to the patentability of PM drugs and diagnostics in Europe, the enforcement of these rights against infringement is notably challenging. The uncertain enforcement environment has been shown to encourage strategic behavior from both patent holders and generic manufacturers, potentially leading to market dysfunction. In light of the patent system’s inherent limitations, the study also investigates the regulatory exclusivity framework. This study provides an unprecedented holistic examination of the incentives for PM under patent, supplementary protection certificates, and regulatory laws. The study’s findings also reveal that while the EU aspires to lead globally in PM research and acknowledge its societal importance—especially given ageing populations and mounting healthcare expenses—no specific exclusivity rights for PM have been introduced or the existing ones adapted. In order to address this gap, the author deconstructs the concept of PM from scientific, economic, and normative perspectives to identify potential subjects that could be covered by exclusivity rights. The in-depth analysis effectively demystifies the complex scientific and economic foundations of PM, rendering them accessible and comprehensible. By undertaking this analysis, the author identifies areas within PM that may benefit from the de lege lata exclusivities or from the implementation of dedicated exclusivity rights as well as the incoherences in de lege lata and its application, especially in regard to regulatory law.”
Del 1 - Munich Studies on Innovation and Competition
Liability Rules in Patent Law
A Legal and Economic Analysis
Inbunden, Engelska, 2014
977 kr
Skickas inom 10-15 vardagar
The primary purpose of a patent law system should be to enhance economic efficiency, in particular by providing incentives for making inventions. Mechanisms exist by which the patent owner decides if he or she would prefer exclusive or non-exclusive rights, for instance the opportunity to declare the willingness to license and create patent pools.
Del 2 - Munich Studies on Innovation and Competition
Chinese Merger Control Law
An Assessment of its Competition-Policy Orientation after the First Years of Application
Inbunden, Engelska, 2014
977 kr
Skickas inom 10-15 vardagar
On 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China’s Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM’s decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application and provides suggestions for a further improvement of the law – with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.
Del 3 - Munich Studies on Innovation and Competition
Protection of Traditional Cultural Expressions in Latin America
A Legal and Anthropological Study
Inbunden, Engelska, 2015
977 kr
Skickas inom 10-15 vardagar
This book analyses the topic of protecting traditional cultural expressions (TCEs) in Latin America. It questions classic legal approaches and involves the interface of anthropology and law. The study analyses regional, national and local particularities of law on paper and law in reality. It includes personal fieldwork research in selected countries and puts light on the political, socio-economic and environmental dimension of the topic. Based upon these insights, the study gives recommendations for a more enhanced, interdisciplinary understanding and protection of TCEs. Latin America is (still) rich of cultural traditions and bio- and sociodiversity. This region is the cradle of the international discussion on protecting TCEs. The national situations are diverse and allow conclusive comparisons. Some countries have established concrete protection systems, like Panama, and made useful experiences. It is time to resume: What do TCEs really mean? Should they be protected by law and if so, how? What can we learn from the practical experiences made so far? The following is clear: The true test for any new legislation – in Latin America and elsewhere – is its impact on the everyday life.
Del 4 - Munich Studies on Innovation and Competition
Access to Medicine Versus Test Data Exclusivity
Safeguarding Flexibilities Under International Law
Inbunden, Engelska, 2016
977 kr
Skickas inom 10-15 vardagar
This book explores the concept of test data exclusivity protection for pharmaceuticals. Focusing on Art 39(3) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and relevant provisions in selected free trade agreements (FTA) and national laws, it combines normative, historical, comparative and economic analysis of test data exclusivity protection.At the heart of this book is the novel and original Index of Data Exclusivity and Access (IDEAS), which analyzes the effectiveness of test data exclusivity provisions in FTAs and national laws both on the strength of exclusivity as well as on access to medicine. IDEAS provides a framework for the assessment of current test data exclusivity protection standards on the basis of their proximity to Article 39(3) of the TRIPS Agreement, the scope of exclusivity and the flexibilities in FTAs, and subsequently in national laws. This book aims to broaden national and international policy makers’ grasp of the various nuances of test data exclusivity protection. Furthermore, it provides practical recommendations with regard to designing an appropriate legal system with a strong focus on promoting access to medicine for all.
Del 3 - Munich Studies on Innovation and Competition
Protection of Traditional Cultural Expressions in Latin America
A Legal and Anthropological Study
Häftad, Engelska, 2016
1 093 kr
Skickas inom 10-15 vardagar
This book analyses the topic of protecting traditional cultural expressions (TCEs) in Latin America. It questions classic legal approaches and involves the interface of anthropology and law. The study analyses regional, national and local particularities of law on paper and law in reality. It includes personal fieldwork research in selected countries and puts light on the political, socio-economic and environmental dimension of the topic. Based upon these insights, the study gives recommendations for a more enhanced, interdisciplinary understanding and protection of TCEs. Latin America is (still) rich of cultural traditions and bio- and sociodiversity. This region is the cradle of the international discussion on protecting TCEs. The national situations are diverse and allow conclusive comparisons. Some countries have established concrete protection systems, like Panama, and made useful experiences. It is time to resume: What do TCEs really mean? Should they be protected by law and if so, how? What can we learn from the practical experiences made so far? The following is clear: The true test for any new legislation – in Latin America and elsewhere – is its impact on the everyday life.
Del 1 - Munich Studies on Innovation and Competition
Liability Rules in Patent Law
A Legal and Economic Analysis
Häftad, Engelska, 2016
977 kr
Skickas inom 10-15 vardagar
The primary purpose of a patent law system should be to enhance economic efficiency, in particular by providing incentives for making inventions. The conventional wisdom is that patents should therefore be strictly exclusive rights. Moreover, in practice patent owners are almost never forced to give up their right to exclude others and receive only a certain amount of remuneration with, for instance, compulsory licensing. Other economically interesting patent-law objectives, however, include the transfer and dissemination of knowledge. Mechanisms exist by which the patent owner decides if he or she would prefer exclusive or non-exclusive rights, for instance the opportunity to declare the willingness to license and create patent pools. But it is questionable whether these mechanisms are sufficient and efficient enough in view of the existence of patent trolls and other problems. This work challenges the conventional wisdom to a certain extent and makes proposals for improvements.
Del 2 - Munich Studies on Innovation and Competition
Chinese Merger Control Law
An Assessment of its Competition-Policy Orientation after the First Years of Application
Häftad, Engelska, 2016
977 kr
Skickas inom 10-15 vardagar
On 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China’s Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM’s decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application and provides suggestions for a further improvement of the law – with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.
Del 5 - Munich Studies on Innovation and Competition
Promoting Sustainable Innovations in Plant Varieties
Inbunden, Engelska, 2016
977 kr
Skickas inom 10-15 vardagar
This book develops the term ‘Sustainable Innovations’ and defines it on the basis of plant variety innovations that, by their very nature, (i) permit the in situ conservation of agrobiodiversity and genetic variability in diverse geographic and climatic conditions, (ii) do not exclude any potential innovators from the process of innovation, and thereby (iii) ensure that both formal and informal innovations can continue to take place in the generations to come (in both the developed and developing world). The book studies the Indian Plant Variety Protection Act, the UPOV Acts and associated agricultural policies from a legal, philosophical, historical and economic perspective with the aim of determining the means of promoting sustainable innovations in plant varieties and identifying laws, policies and practices that are currently acting as impediments to promoting the same.
Del 6 - Munich Studies on Innovation and Competition
Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets
An Analysis of the Regulatory Framework in Uganda
Inbunden, Engelska, 2018
977 kr
Skickas inom 10-15 vardagar
This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda’s sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.
Del 7 - Munich Studies on Innovation and Competition
Capacity Withdrawals in the Electricity Wholesale Market
Between Competition Law and Regulation
Inbunden, Engelska, 2017
1 171 kr
Skickas inom 10-15 vardagar
This book examines the issue of capacity withdrawals in the electricity wholesale market. Electricity generators can exercise market power in the wholesale market either by withdrawing generation capacity, or by pricing above competitive levels in order to achieve a higher market price and, thereby, increase revenues. After a comprehensive explanation of capacity withdrawal practices and the issues that arise when proceeding under competition law, the book analyses whether an increased state of transparency, as provided for in the REMIT and Regulation 543/2013, could facilitate the efficient functioning of electricity wholesale markets and the investigation of capacity withdrawal practices. It also examines the effect of the prohibition of market manipulation as prescribed in the REMIT in dealing with abusive capacity withdrawals in the electricity wholesale market.
Del 4 - Munich Studies on Innovation and Competition
Access to Medicine Versus Test Data Exclusivity
Safeguarding Flexibilities Under International Law
Häftad, Engelska, 2018
977 kr
Skickas inom 10-15 vardagar
This book explores the concept of test data exclusivity protection for pharmaceuticals. Focusing on Art 39(3) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and relevant provisions in selected free trade agreements (FTA) and national laws, it combines normative, historical, comparative and economic analysis of test data exclusivity protection.At the heart of this book is the novel and original Index of Data Exclusivity and Access (IDEAS), which analyzes the effectiveness of test data exclusivity provisions in FTAs and national laws both on the strength of exclusivity as well as on access to medicine. IDEAS provides a framework for the assessment of current test data exclusivity protection standards on the basis of their proximity to Article 39(3) of the TRIPS Agreement, the scope of exclusivity and the flexibilities in FTAs, and subsequently in national laws. This book aims to broaden national and international policy makers’ grasp of the various nuances of test data exclusivity protection. Furthermore, it provides practical recommendations with regard to designing an appropriate legal system with a strong focus on promoting access to medicine for all.
Del 5 - Munich Studies on Innovation and Competition
Promoting Sustainable Innovations in Plant Varieties
Häftad, Engelska, 2018
1 062 kr
Skickas inom 10-15 vardagar
This book develops the term ‘Sustainable Innovations’ and defines it on the basis of plant variety innovations that, by their very nature, (i) permit the in situ conservation of agrobiodiversity and genetic variability in diverse geographic and climatic conditions, (ii) do not exclude any potential innovators from the process of innovation, and thereby (iii) ensure that both formal and informal innovations can continue to take place in the generations to come (in both the developed and developing world). The book studies the Indian Plant Variety Protection Act, the UPOV Acts and associated agricultural policies from a legal, philosophical, historical and economic perspective with the aim of determining the means of promoting sustainable innovations in plant varieties and identifying laws, policies and practices that are currently acting as impediments to promoting the same.
Del 6 - Munich Studies on Innovation and Competition
Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets
An Analysis of the Regulatory Framework in Uganda
Häftad, Engelska, 2019
977 kr
Skickas inom 10-15 vardagar
This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector.
Del 7 - Munich Studies on Innovation and Competition
Capacity Withdrawals in the Electricity Wholesale Market
Between Competition Law and Regulation
Häftad, Engelska, 2018
1 171 kr
Skickas inom 10-15 vardagar
This book examines the issue of capacity withdrawals in the electricity wholesale market. Electricity generators can exercise market power in the wholesale market either by withdrawing generation capacity, or by pricing above competitive levels in order to achieve a higher market price and, thereby, increase revenues. After a comprehensive explanation of capacity withdrawal practices and the issues that arise when proceeding under competition law, the book analyses whether an increased state of transparency, as provided for in the REMIT and Regulation 543/2013, could facilitate the efficient functioning of electricity wholesale markets and the investigation of capacity withdrawal practices. It also examines the effect of the prohibition of market manipulation as prescribed in the REMIT in dealing with abusive capacity withdrawals in the electricity wholesale market.
Del 8 - Munich Studies on Innovation and Competition
Interface of Competition Law, Industrial Policy and Development Concerns
The Case of South Africa
Inbunden, Engelska, 2018
1 462 kr
Skickas inom 10-15 vardagar
This book analyses essential concepts of competition law and industrial policy, and shows where the two areas clash with and complement each other, respectively. The discussion takes place in the context of developing countries, taking into consideration their realities and specific needs. South Africa serves as a real-world example for competition law that goes beyond the notion of consumer welfare. An in-depth analysis of the enforcement of South African law illustrates how the law is used both to combat the negative effects of past industrial policy, and to accommodate current economic and social needs.The book is intended for all readers with an interest in the enforcement of competition law in developing countries. It will particularly benefit those who want to learn about unorthodox approaches that integrate the concept of “public interest” and social imperatives into the application of competition law.
1 268 kr
Skickas inom 10-15 vardagar
The book examines the potential for regional competition law systems as enforcement tools in developing countries, based on a case study of the West African Economic and Monetary Union, the Andean Community and the Caribbean Community.It analyses the allocation of enforcement competences between the regional/supranational and the national level and formulates detailed guidelines on the optimal degree of centralization or decentralization.The book addresses all readers that are interested in the enforcement of competition law in developing countries. Moreover, it provides practical insights for public institutions that wish to identify or prevent possible misallocation of competences within regional competition law systems.
Del 8 - Munich Studies on Innovation and Competition
Interface of Competition Law, Industrial Policy and Development Concerns
The Case of South Africa
Häftad, Engelska, 2018
1 074 kr
Skickas inom 10-15 vardagar
An in-depth analysis of the enforcement of South African law illustrates how the law is used both to combat the negative effects of past industrial policy, and to accommodate current economic and social needs.The book is intended for all readers with an interest in the enforcement of competition law in developing countries.
Del 10 - Munich Studies on Innovation and Competition
Promoting Competition in Innovation Through Merger Control in the ICT Sector
A Comparative and Interdisciplinary Study
Inbunden, Engelska, 2019
1 268 kr
Skickas inom 10-15 vardagar
This book addresses the question of how competition authorities assess mergers in the Information Communication Technology (ICT) sector so as to promote competition in innovation. A closer look at the question reveals that it is far more complex and difficult to answer for the ICT, telecommunications and multi-sided platform (MSP) economy than for more traditional sectors of the economy. This has led many scholars to re-think and question whether the current merger control framework is suitable for the ICT sector, which is often also referred to as the new economy. The book pursues an interdisciplinary approach combining insights from law, economics and corporate strategy. Further, it has a comparative dimension, as it discusses the practices of the US, the EU and, wherever relevant, of other competition authorities from around the globe. Considering that the research was conducted in the EU, the practices of the European Commission remain a key aspect of the content.Considering its normative dimension, the book concentrates on the substantive aspects of merger control. To facilitate a better understanding of the most important points, the book also offers a brief overview of the procedural aspects of merger control in the EU, the US and the UK, and discusses recent amendments to Austrian and German law regarding the notification threshold. Given its scope, the book offers an invaluable guide for competition law scholars, practitioners in the field, and competition authorities worldwide.