Intellectual Property Misuse: Licensing and Litigation (ed.2), American Bar Association

American Bar Association

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 catherine.prieto@univ-paris1.fr for review in this section.

This book provides a practical, practitioner-orientated approach to understanding and applying misuse doctrine.

Patent misuse is an affirmative defense to an action for patent infringement or for royalties under a license that arises when the patentee engages in certain anticompetitive conduct, or conduct contrary to public policy, using the patent in suit. The misuse doctrine protects against conduct that impermissibly extends intellectual property rights beyond their lawful scope. As a result, the modern misuse doctrine straddles the intersection of intellectual property law and antitrust—it borrows from both, but is completely at home in neither. This makes misuse a challenging landscape to navigate for antitrust and intellectual property practitioners alike. This book provides an update on new developments in the law since the first edition, and provides a practical, practitioner-orientated approach to understanding and applying misuse doctrine.

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Quotation

American Bar Association, Intellectual Property Misuse: Licensing and Litigation (ed.2), American Bar Association, September 2020, Concurrences N° 3-2020, Art. N° 102730

Publisher ABA Book Publishing

Date 14 April 2020

Number of pages 272

ISBN 9781641057240

Visites 98

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