Edited By Inge Govaere and Hanns Ullrich
Preface 9 - Hanns Ullrich & Inge Govaere
9 Preface Most of the time long introductions to the publication of workshop contributions are a nuisance. The contributions presented here stand for themselves. The way each of them approaches the subject of the work- shop shows that the interrelationship between market power and the protection of intellectual property has more aspects than the current controversies, which mainly surround the application of Art. 82 of the Treaty to the exercise of the exclusive rights resulting from intellectual property, reveal. The objective of our workshop was twofold. On the one hand, we wished to point to the many facets of this prism-like complex of problems by looking also at other types of intellectual property than just patents and copyright, which are at the focus of the debate over the proper rules for refusals to license. On the other hand, we endeavoured 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. Market integration and the divide between exclusionary and exploitative abuses call for a pluri-dimensional approach. Acknowledging that the shaping of intellectual property protection is not only influenced by many interests and policies but rather a multi-level exercise of the Community and its Member States. The question is whether, nevertheless, one may discern a common concern or whether the frequently asserted conver- gence...
You are not authenticated to view the full text of this chapter or article.
This site requires a subscription or purchase to access the full text of books or journals.
Do you have any questions? Contact us.Or login to access all content.