Concurrence et propriété intellectuelle

Camille Maréchal

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to for review in this section.

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This book is an in-depth study of the relationship between two very modern branches of law, whose points of intersection and friction have multiplied over the last twenty years. The book examines the applications of competition law to the acquisition and exercise of industrial and artistic property rights, and explores certain little-known aspects of competition law, such as mergers, guidelines for relevant exemption regulations (technology transfer, vertical agreements, specialization, research and development), patent pools, and specific U.S. case law and doctrine (licensing agreements, essential facilities, etc.). While showing the positive contributions of competition law, the book highlights its shortcomings: the complexity of its construction; the artificial and fluctuating nature of theories that do not ensure predictability for the rights holder; the ambiguity of the reference to the economy, an apparent factor of realism but a source of real insecurity; the clumsy use of concepts borrowed from United States law (even though they are still controversial there) by Community law; and, at a second level, the difficulties in implementing Community constructions by the national authorities



Camille Maréchal, Concurrence et propriété intellectuelle, September 2009, Concurrences N° 3-2009, Art. N° 110178

Publisher LexisNexis

Date 17 March 2009

Number of pages 476

ISBN 9782711013319

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