MARC状态：审校 文献类型：西文图书 浏览次数：30
- 题名/责任者:
- Essential interoperability standards : interfacing intellectual property and competition in international economic law / Simon Brinsmead, Office of International Law, Attorney-General's Department (Australia).
- 出版发行项:
- Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021.
- ISBN:
- 9781108843010
- 载体形态项:
- xxiv, 402 pages ; 24 cm.
- 其他载体形态:
- Online version: Brinsmead, Simon, 1975- Essential interoperability standards Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021 9781108913706
- 个人责任者:
- Brinsmead, Simon, 1975- author.
- 论题主题:
- Internetworking (Telecommunication)-Law and legislation
- 论题主题:
- Intellectual property.
- 论题主题:
- Antitrust law.
- 中图法分类号:
- D913.4
- 一般附注:
- Based on author's thesis (doctoral - Universita?t Bern, 2018).
- 书目附注:
- Includes bibliographical references and index.
- 内容附注:
- Introduction -- Standards and interoperability standards -- Interoperability standards and international economic law -- Interoperability standards and intellectual property -- Interoperability standards and competition law -- Exclusive property rules or liability rules for interoperability standards and standards essential intellectual property? -- Access to interoperability standards and standards-essential intellectual property : international dimensions -- Concluding observations -- Draft expert manual.
- 摘要附注:
- "The present book, based upon a doctoral thesis submitted to the University of Bern, Switzerland, carefully and extensively addresses the legal challenges encountered in the field of standards-essential intellectual property (SEIP), and in particular of standards-essential patents (SEP). Dr Brinsmead analyses different school of thought and approaches in case law, in particular in the EU, the US and China. He carefully studies the background in international law and domestic law, in particular competition law. While the EU and China essentially rely upon competition law and in result on the essential facility doctrine containing the abuse of a dominant position, the US approach essentially relies upon restrictions inherent to intellectual property, in particular fair use and compulsory licensing. The book expounds the relevant case law in these jurisdictions and discusses pro and cons of different approaches, taking into account the literature on law and economics. It offers a wealth of information on the timely subject, from surveys of relevant international law to detailed accounts of the case law. It includes a pertinent history of the essential facility doctrine and thus of the relationship of intellectual property and competition law on both sides of the Atlantic. The author concludes by supporting an approach based upon inherent but limited restrictions of IP to liability and compensation, as opposed to property rights entitling full injunctions. He suggests developing an expert manual able to guide domestic courts within the framework of existing international law, in particular the TRIPs Agreement of the WTO. A very interesting draft proposal completes the work"--
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