On The ‘Intersection’ Ip/Competition

Italian Antitrust Review

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Field Value
Title On The ‘Intersection’ Ip/Competition
Creator Ghidini, Gustavo
Intellectual Property Rights; Unfair Competition; Antitrust; Essential Facilities; SEPs; Duty to License; FRAND Royalties

Description After highlighting commonly neglected profiles of the intersection (namely, the pro-competitive features ‘built-in’ in the regime of IPRs, and the ‘division of labour’ between said regime and the rules on unfair competition, the paper focuses on the influence of antitrust law on the exploitation of IPRs, in particular patents and copyrights. This influence is reconstrued in a historical and systemic perspective, at whose core is the need that exercise (and entitlement) of such rights may not result in foreclosures of competition. In this perspective, the main issue discussed is that of the duty to grant access to protected innovation of paramount importance (essential facilities, even as SEPs) to competitors willing to pay a compensation on ‘fair’ terms. How ‘Fair’?
Publisher Autorità Garante della Concorrenza e del Mercato / Italian Competition Authority
Date 2019-12-30
Type info:eu-repo/semantics/article
Peer-reviewed Article
Format application/pdf
Identifier http://a-p-p-review.com/article/view/12889
Source Rivista Italiana di Antitrust / Italian Antitrust Review; 2019: n. O
Antitrust & Public Policies; 2019: n. O
Language eng
Relation http://a-p-p-review.com/article/view/12889/11665
Rights Copyright (c) 2019 Antitrust & Public Policies

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