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Intellectual Property, Market Power and the Public Interest

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Edited By Inge Govaere and Hanns Ullrich

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.

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Contributors 313

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313 Contributors Steven ANDERMAN is Professor of Law at the University of Essex. He has been an expert on competition policy to the Economic and Social Committee of the European Union since 1984. He is currently advising the Intellectual Property Academy and the Intellectual Property Office of Singapore on the interface of Intellectual Property with the new Singapore competition law while also advising the Singapore Competition Commission on the implications of the new Competition Act and the preparation of Block Exemption Regulations and Guide- lines. Josef DREXL held a Chair for European Economic Law at the Uni- versity of Würzburg from 1997 to 2000; Chair for Private Law, Euro- pean and International Law at the University of Munich from 2000 to 2006. He is director of the Max Planck Institute for Intellectual Prop- erty, Competition and Tax Law in Munich since 2002 and Honorary Professor at the University of Munich since 2006. Christine GODT, PD Dr. jur. (Bremen), is visiting (2007/2008) Pro- fessor of Law at the Ludwig-Maximilians-Universität Munich teaching Private Law, Intellectual Property, European and International Eco- nomic law. She is based as Assistant Professor of Law at the University of Bremen. Her research interests focus on intellectual property, the international transfer regime of genetic resources and the embeddesness of non-trade issues in International Economic Law. She heads the work group “Boundaries of Information Property” under the umbrella of the comparatist association of the Trento Project “Common Core of Euro- pean Private Law”. Habilitation thesis: “Eigentum an...

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