...Competition Policy Newsletter Standard‑setting from a competition law perspective by Ruben Schellingerhout (1) FeAtured ArtICle Competition rules to ensure that the benefits of standards materialise Competition regulators pay attention to standard setting because legally a standard constitutes an agreement between companies. However, the Com‑ mission has always taken the view that there are also clear benefits associated with standard‑setting. As early as 1992 the Commission outlined this gen‑ eral point. (2) In its 2001 Horizontal Guidelines it therefore provided guidance on when it considered standard setting to be unproblematic. Since the adoption of the 2001 standardisation Guidelines, a number of issues have come to the fore. It became increasingly clear that malpractic‑ es were occurring in the standard setting process which could lead to serious distortions of com‑ petition. (3) In response, the Commission revised the Guidelines in 2010 to provide more guid‑ ance to standards bodies on how they could de‑ sign their rules so as to avoid restrictive effects on competition. (4) This purpose of this article is to provide the full picture on standard‑setting. It starts by outlining why competition law is concerned at all by stand‑ ards. It then covers in more detail some of the is‑ sues that have arisen. The extended guidance in the revised Guidelines is then fleshed out in more de‑ tail. Finally, some thought is given to the future of standardisation. Standards have a positive...
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...Competition Law and Intellectual Property Rights with Special Reference to the TRIPS Agreement Research Paper for the Competition Commission of India February-March 2010 Eashan Ghosh V Year, B.A. LL.B. (Hons.) National Law School of India University, Bangalore TABLE OF CONTENTS §1 THE IPR AND COMPETITION LAW INTERFACE_____2 §2 TYPES OF RESTRAINTS_____3 §3 COMPETITION LAW REGULATION OF IPRs ACROSS JURSIDICTIONS_____4 §3.1 Europe_____4 §3.2 US_____4 §3.3 Other Jurisdictions_____5 §4 THE TRIPS AGREEMENT_____5 §4.1 Article 7_____6 §4.2 Article 8.2 _____7 §4.3 Article 40_____7 §4.4 Article 6_____10 §4.5 Article 31_____11 §5 WHAT STANCE SHOULD DEVELOPING COUNTRIES TAKE?_____12 §6 ADDRESSING THE IPR AND COMPETITION LAW INTERFACE IN INDIA_____14 §6.1 Through Domestic Legislation_____14 §6.2 At International Fora_____15 §7 ENDNOTES_____17 BIBLIOGRAPHY_____29 Primary Sources_____29 Secondary Sources_____32 1 §1 THE IPR AND COMPETITION LAW INTERFACE The simple hallmark of competition law is the protection of those principles and practices which enable the efficient functioning of markets.1 A natural concomitant to this objective is making certain that incumbent enterprises do not engage in anticompetitive practices to the detriment of the market.2 However, the application of competition law standards—in terms of practices that should be banned outright, viewed as potentially anticompetitive or should be investigated further—varies widely across jurisdictions.3 The interaction...
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...given case under the prohibition of Article 101 or 102 requires providing some relevant definitions of basic concepts in the competition law area and explanation of the potential legal relationship between parties in this agreement. First of all, the held agreement between the parties is a typical example of the relationship between intellectual property rights (IPRs) and competition law. In fact, the agreement is a technology transfer one since it is about putting and licensing patents in a technological product (5Gmobile telephone platform). The process of setting up different patents together in order to produce one technological product is defined as a technology pooling. Second, there are some circumstances where patents pool can be caught in violation of EU Competition Law. In addition, there are some anticompetitive and precompetitive effects of such process as it will be explained. Relationship between intellectual property rights and competition law In this case the agreement is related to patents rights which is one of the main types of the intellectual property rights. In fact, understanding the circumstances in which an agreement as in this given case could be in violation with the European Competition law provision requires explaining the mechanism which both of them work together in one legal system. The relationship between IPRs and competition law could look as a contradictory or conflicting one from a superficial view, while they are playing a complementary role...
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...working papers The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence By Rod Falvey Leverhulme Centre for Research on Globalisation and Economic Policy, School of Economics, The University of Nottingham and Neil Foster Department of Economics, University of Vienna In cooperation with Olga Memedovic UNIDO, Strategic Research and Economics Branch UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION Vienna, 2006 This publication was prepared by Olga Memedovic, UNIDO staff member from the Strategic Research and Economics Branch drawing on the background paper prepared for the UNIDO Research Project “Public Goods for Economic Development”, by Rod Falvey and Neil Foster. Rod Falvey is Professor of International Economics, Leverhulme Centre for Research on Globalisation and Economic Policy, School of Economics, The University of Nottingham. Neil Foster is Assistant Professor of economics at the Department of Economics, University of Vienna. The publication has benefited from the valuable comments provided by Professor David Greenaway during the finalization of this publication. UNIDO intern Robert Lambertus van Lavieren provided assistance during various stages of preparing this publication. The authors are grateful to Michael Bailey for proofreading the final...
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...2015 Academic Year Question: Why enforcement of IPRs involving fashion, Design, and luxury products is so difficult to achieve? If you were working in the enforcement office of a fashion, design, etc… firm, what would you suggest in terms of enforcement measures? Name: Chengxi WANG Word Count: 1592 While artistic works such as books and music are entitled with delicate protection under IPRs, the situation is quite contrary in the fashion and luxury industry. The counterfeits as well as knock offs are rampant in the market and enormous economic damages are caused to the fashion companies. This essay is dedicated to investigate the reason behind the weak enforcement of IPRs in the industry. In the following paragraphs, the intrinsic nature of fashion and luxury industry as well as the specific legislative seams in the copyright, design patent, trademark and trade dress will be analysed to answer the question. Intrinsically, the lack of intellectual property protection in the fashion and luxury industry accelerates the production and dissemination of creativity. As opposed to the traditional point of view that artists and creators would not have incentives to design and create new works if their intellectual properties are constantly infringed without proper legal legislation and protection, the situation is not applied in the fashion and luxury industry. On the contrary, it is the lack of efficiency in IPRs that new ideas are provided the breeding ground to brew...
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...geographic indications of source (i.e. symbols that specifically distinguish the source of goods); and copyright laws cover literary works, choreography, novels, paintings and architectural designs. Although it is a somewhat controversial issue, I have found that it is very necessary for developing countries to have customized intellectual property laws. These laws will aid in efficiently accessing and sharing of research and technological information, increased innovation, and present a more enticing environment for Foreign Domestic Investments (FDI). Although greatly debated, in the biotechnology and the pharmaceutical industry, strong intellectual property rights are very important and can literally save lives. In China alone stronger IPR laws that prevent counterfeiting could save as many an astronomical number of lives each year. The World Health Organization (WHO defines counterfeit medicines as products deliberately and fraudulently produced and/or mislabeled with respect to identity and/or source to make it appear to be a genuine product. Because many counterfeit drugs are manufactured and infused with pesticides, brick and many other unknown substances they kill an estimated 200 to 300,000 people per year. These are only the reported...
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...as a “concerted effort of an organization to build socially responsible relationships by achieving research-based goals through the application of communication strategies and the measurement of outcomes” (Kendall 1996, p.3). This paper examines the value of the modern-day IPR practice through a case study from an overwhelmingly successful IPR campaign ‘Best Job in the World’ sponsored by Tourism Queensland, Australia. Firstly, the research methodology will be introduced. Secondly, an introduction of the campaign will be sketched. In the third section of the paper, the analysis of the campaign is structured in three subitems with theoretical references. In the following section, a post-hoc evaluation tries to examine the case through a logical model. Lastly, by drawing from the previous analysis and evaluation, the paper exposes the findings in the values of modern-day IPR campaign. Research Methodology When considering what research methodology is appropriate and shall be adopted in the course of analyzing and evaluating this IPR campaign, it is important to understand the patterns and attributes of the study case. In view of the ‘Best job in the world’ IPR campaign is a typical model of modern-day IPR campaign, which is different from traditional PR campaign in terms of the PR strategies, execution and communication channels. Therefore, research methods correspondingly adopted contrastive analysis and evaluation in a literature review in accordance with academic theories...
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...International trade issues in China Intellectual Property Rights (IPR) issues United States business and government representatives have voiced out on growing concern of the economic losses suffered by U.S. firms which are the impact from the invasion of intellectual property rights (IPR) in China for example cyber attacks. U.S. innovation and the intellectual property that is generated by such activities have been cited by various economists as a critical source of U.S. economic growth and global competitiveness. For example, according to the Department of Commerce, in 2010, U.S. Intellectual Property intensive industries supported at least 40 million jobs and contributed $5.1 trillion to U.S. gross domestic product (GDP). A study by NDP Consulting estimated that in 2008, workers in IP-intensive production earned 60% more than workers at similar levels in non-IP industries. A study on the Apple iPod concluded that Apple's innovation in developing and engineering the iPod and its ability to source most of its production to low-cost countries, such as China, have helped enable it to become a highly competitive and profitable firm as well as a creator of high-paying jobs such as engineers engaged in the design of Apple products in the United States. Lack of effective and consistent protection of Intellectual Property Right (IPR) has been cited by U.S. firms as one of the most significant problems they face in doing business in China. Besides that, U.S. firms have expressed concern...
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...A Project Report on Importing Wheat from India to Canada Global Entrepreneurship Submitted to : David Colaluca Submitted By | : Arshvir Gill (100805346) | | Jasmeet Grewal (100815274) | Date : 16 March 2012 George Brown College Reason for selecting Wheat Wheat is the staple food of millions of people. Its cultivation started during Neolithic probably as early as 6,000 to 7,000 year ago. Wheat is the dominant food grain of world commerce with 682 million tons productions, 638 million tons consumption, and 136 million tons trade with 197 million tons ending stocks. Wheat is the most common food product and it is widely used by each group of society. So, we plan to import wheat from India because India stands at number 2nd after China in wheat production. It contributes 81 million tons. India's production rate expected to raise high during current years. The wheat harvesting area in India is the world's largest. It is cultivated from a sea level up to even 10,000 feet. More than 95 percent of the wheat area in India is situated north of a line drawn. India, the second-biggest grower of wheat, allowed private companies to export the grain for the first time in four years, Food Minister K.V. Thomas said. A panel of ministers permitted overseas sales of 2 million metric tons of wheat. Varieties of wheat in India Dara Kalyan Mexican 147‐Avg. Desi (Durum) Economic, financial and marketing reasons for the choice of wheat ...
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...Question One: Why is it so important for the drug companies to protect their patents? Answer: In the field of medicine, people begin to focus on intellectual property. Health care related Intellectual Property Right (IPR) is deemed as a special and complex issue, which distinguishes itself from other kinds of IPR with its particular nature and different legal provisions and covers a wide range of subjects. Firstly, medicine is a special and important field of technology. The feature of drug development is large investment, high rise and long cycle. Currently, developing a new chemical drug takes 8 to 10 billion. Moreover, it takes more than ten years to screen a drug and bring it to market. If they don’t protect their patents, new drugs that consumed significant cost will be imitation. Therefore, drug development needs more dependent on protecting patents than other sectors. Secondly, the sustainable development of pharmaceutical industry relies on strong support of new technologies and new products. The return of new drugs is huge and it is over 30 percent of sales. So the huge return needs to be protected. Otherwise it will create duplication of research and development and waste of resources. It is easy to form a vicious marketing competition and goes against technological advances in pharmaceutical industry. For example, an anti-HIV drug successes to be researched and developed in Taiwan. It is said that the effect of prevention of AIDS is 90 percent and an injection...
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...CHAIRMAN’S NOTE EXECUTIVE SUMMARY MODULE 1: ECONOMIC PERFORMANCE OF THE INDUSTRY Malaysian Economic Performance – Overview for the Year 2012 3 6 11 13 C&M Industry Performance – Overview 2012 Global and Malaysian GDP Growth Communications Services Contribution to Growth Bursa Malaysia ACE Market – An Overview of Licensees C&M Industry Financial Performance Overview Telecommunications Companies Broadcasters Trends of C&M Companies Financial Performance Digital Signature C&M Revenue by Services Market Segment ARPU Comparison Contribution of the C&M Industry to Bursa ...
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...Opportunities Expansion of online retail operations in Europe Increasing internet penetration in the major geographical markets is a key exogenous factor driving growth in the e-commerce sector. Over the past two years, Columbia Sportswear has made significant investments to expand beyond its history as a wholesaler, selling goods only to other retailers, to incorporate its own retail identity. Over the last two years, Columbia Sportswear has built a good presence in ecommerce through its Columbia, Sorel and Mountain Hardwear brand e-commerce sites. According to MarketLine, the European online retail sector grew by 18.2% in 2011 to reach a value of $200.9 billion. The performance of the market is forecast to accelerate to the value of $472.9 billion in 2016, an increase of 135.4% since 2011. In-line with the forecasted growth, Columbia Sportswear launched its new Columbia and Sorel-branded e-commerce sites in UK, France, Spain, Germany, Italy, Austria, Belgium and the Netherlands. Columbia Sportswear could capitalize on this growing market to further consolidate its global market share. The move of establishing its online presence would also help Columbia Sportswear get more control over the pricing strategy and further extend its brand awareness. Expansion into China Columbia Sportswear entered into an agreement with Swire Resources in August 2012 to form a joint venture to expand the market-leading position of its Columbia brand and to establish and grow the Mountain Hardwear...
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...I C T Essay writing M a k e I n INDIA M a k e I n INDIA Competition Done By- M. Karthik Balaji Class- IX- B Roll No- 11 School- St. John’s Public School Done By- M. Karthik Balaji Class- IX- B Roll No- 11 School- St. John’s Public School Make in India * M. Karthik Balaji I t has very nearly been 66 years since we, as one nation, took the reins of our destiny in our own hands. And while that still places us as a relatively young democracy (the US, for example, signed the declaration of independence in 1776), the fact that the first generation born after that fateful midnight has now started retiring is a noteworthy milestone. As a people who use the same word for tomorrow as for yesterday, keeping track of the passage of time and the changes it brings along is not something we are very adept at. The vastness and the diversity of this nation make this task no easier. With a colourful and noisy population, India is perhaps the perfect example of what anthropologist Edward Hall described as a “high-context” society. Such societies are marked by an environment of familiarity and universally-shared polite fiction, where a lot goes unsaid, or is said in just a few words. As a result, much is left to be implicitly understood from context. This inevitably makes the modern historian’s job even tougher, especially given the vagueness and the flowery sense of political correctness of any recorded letter or conveyed opinion. The welcome emphasis in our foreign investment policy on...
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...FOREIGN TRADE UNIVERSITY HCMC ---------***-------- MIDTERM PROJECT SUBJECT: INTELLECTUAL PROPERTY RIGHTS Major: External Economics IP AND THE PROMOTION OF BIODIVERSITY AND TRADITIONAL KNOWLEDGE AND BENEFIT SHARING WITH PROVIDERS COMMUNITIES Class: K53CLC3 – Group 6 Lecturer: Pham Thi Mai Khanh Ho Chi Minh City, February 2016 I GROUP MEMBERS No 1 2 3 4 5 6 Name Khúc Thị Kiều Thương Phạm Mỹ Tiên Trương Thủy Tiên Nguyễn Hoàng Minh Trâm Lương Gia Vĩ Ngô Nhật Vy ID 1401025125 1401025128 1401025129 1401025133 1401025159 1401025162 II TABLE OF CONTENTS INTRODUCTION ............................................................................................................................. 1 A. BACKGROUND ........................................................................................................................... 2 I. Overview of Intellectual Property ............................................................................................... 2 II. Overvew of Biodiversity ............................................................................................................ 2 III. Overview of Traditional Knowledge ....................................................................................... 4 B. CURRENT SCENERIO ................................................................................................................. 5 I. Intellectual Property in Today World ..........................
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...| Enters into force | Advantages | Disadvantages | NAFTA | Mexico, Canada and United States of America | January 1st of 1989 | Market Access for Goods, Protection for Foreign Investment, Protection for Intellectual Property, Easier Access for Business Travelers, Access to Government Procurement. | U.S. Jobs Were Lost,U.S. Wages Were Suppressed,Mexico's Farmers Were Put Out of Business,Maquiladora Workers Were Exploited,Mexico's Environment Deteriorated | FTA Nicaragua | Mexico and Nicaragua | July 1st of 1998 | Provisions on national treatment and market access for goods andservices; rules of origin; agriculture; sanitary and phytosanitary measures; telecommunications;financial services; | The FTA does not include a chapter on competition policy, energy, environment, labor, or transportation. | FTA Costa Rica | Mexico and Costa Rica | January 1st of 1995 | Provisions on national treatment and market access for goods, the agreementcontains provisions on agriculture, sanitary and phytosanitary measures, rules of origin, customsprocedures, safeguards, | The FTA does not include energy and basic petrochemicals, telecommunications andfinancial services. | FTA Colombia | Mexico and Colombia | January 1st of 1995 | Measures related to market access, anti-dumping and countervailingduties, rules of origin, customs procedures, dispute resolution, government...
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