Publications

This paper analyses the tensions between IPRs and competition law. It explains how these tensions play out in the IT sector, where there is a further countervailing policy factor, namely the desirability of ensuring interoperability between different systems. The focus of this paper will be the software industry, but the same policy debates are equally valid in other areas of the IT industry. Mr. Killick finds that European law provides for a careful balancing between the differing policy goals underlying these three topics (IPRs, competition and interoperability): the EU Software Directive contains a careful balance between copyright and interoperability and the IMS test also contains a careful balance between IP on the one hand and competition and interoperability on the other. He concludes that all of these goals have to give way to each other in particular circumstances with a view to ensuring that innovation and competition remain at healthy levels

The Winter 2006/2007 edition of the Eye on Europe

The Amigo Society conferences, held in Brussels, were set up in 2004 to bring together public policy experts, media representatives and members of civil society to debate these and other issues of importance to an enlarged Europe. Taking concrete examples from all over Europe and North America, this collection examines the broad motivations behind, influences on, and opportunities for future health and welfare policy reform. It also looks to the future – drawing in new fields of policymaking such as biotechnology, tailormade medicines and other technologies expected to drastically alter Europe’s healthcare landscape. And driving it all, the final set of essays examines consumer empowerment as the major factor which will push forward reform of Europe’s health and welfare systems. Unlocking Ideas: Essays from the Amigo Society assembles the highlights of these debates over the past two years and provides exciting new insights for the reformers of the future.

In this issue of Know IP we look at the following issues:

1) Questions to the Government of Thailand
2) The Economics of DRM in Capitalist Markets
3) For SMEs but Without Consulting Them: A Critique of the Gowers Review of IP
4) Patents and Measuring Competitiveness: Reflections on Living with a Huge New Database
4) New and Noteable
5) Forthcoming Publication

In this year`s new issue of Know IP we look at the following topics:

1) Predictions or Prophecies: How will the Microsoft Case End?
2) NGOs, Developing Countries and Globalisation of IPRs: A Network Approach
3) Lack of Communication? Competition Rules and IPRs in the Telecom Sector
4) News Flashes
5) New and Notable

The paper outlines some of the recent developments in the economics of competition policy with particular reference to dominant market positions. The paper then briefly discusses the related aspects of EU policy and the debate on its reform. Prof. Etro concludes that the economics of competition policy and dominant market positions illustrate the need for a more careful approach to antitrust and to the role of market leaders, especially in dynamic and innovative markets. "Large market shares should not be automatically associated with market power or even with dominance per se, while entry conditions both in a static sense (in the market under consideration) and in a dynamic sense (in the competition to innovate and bring new products to the market) should play a major role in understanding whether a position of leadership can give rise to abusive behaviour or not," Etro argues.

Eye on Europe Autumn 2006 Edition

Comparative Effectiveness Research(CER is in the spotlight as a tool for addressing healthcare quality and improving health care value.

Prof. Hindley argues that "Competition authorities sometimes seem to see themselves as a modern-day inquisition, sniffing out evil wherever it may be found. But such enthusiasm is neither efficient nor rational. An efficient competition policy will pursue abuses so long as the cost of correcting them is less than the expected gain from the correction. The more strained the arguments used by a Competition authority become, and the more complicated the computations it must perform to further its pursuit of virtue, the stronger the ground for doubt that it is attempting to follow that rational rule.

The first in a new series of policy papers from the Stockholm Network's Intellectual Property and Competition Programme, looking at the 'network neutrality' debate which has taken place in the USA, and its potential impact on European lawmakers.