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Book Title: Kritika: Essays on Intellectual Property
Editor(s): Drahos, Peter; Ghidini, Gustavo; Ullrich, Hanns
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781784712051
Section Title: Extended contents
Number of pages: 5
Extract:
Extended contents
List of contributors xi
Advisory Board xii
Editorial xiii
1 Frederick M. Abbott 1
Rethinking patents: From `intellectual property' to `private taxation
scheme' 1
I. Patents as private monopoly taxation 1
II. The consequences of the private monopoly tax 6
A. Pharmaceuticals 7
B. Computers and electronics 8
C. Energy and climate change 10
D. Food, agriculture and water 11
III. What would regulated monopoly responsibilities look like? 11
A. Progressive taxation 12
B. Private rights of use 12
C. Pooling obligations 13
D. Regulated social obligation 14
E. Changing the terms of discourse 15
2 Steven Anderman 17
Overplaying the innovation card: The stronger intellectual property
rights and competition law 17
I. Introduction 17
II. The balance between initial and follow-on innovation
within the IP laws 22
III. Competition law, IPRs and innovation 25
A. The accommodation to intellectual property rights
within the competition rules 25
B. `Effective competition,' `consumer welfare' and the
Commission's methodology 31
C. The EU's Courts' version of `consumer welfare' as a
goal of competition policy 33
D. The test for `effective competition' and IPRs 36
vi
Extended contents vii
IV. Innovative efficiencies and objective justification 49
V. The economic elements in the courts' approach and IPRs 51
VI. Conclusions: The limits of competition policy and the
balance between initial and follow-on innovation 57
3 Carlos M. Correa 59
Patent examination and legal fictions: How rights are created on
feet of clay 59
I. Introduction 59
II. The examination ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2015/1072.html