|Competition Law and Intellectual Property - LAWS8074|
This course considers the crucial interface between competition law and intellectual property and whether they are complementary or in conflict. It looks at the rationale for each and problems which exist in the relationship in a global context. Issues to be discussed will likely include misuse of intellectual property and market power; refusals to license; patent pools, tying arrangements and standard setting organisations; industry specific issues in pharmaceuticals, computer software and hardware; compulsory licensing; collecting societies. Worldwide there is no consensus on how to deal with many of these issues, which have generated intense conflict between the European Union and the United States, and China and many other countries.
Recommended Prior Knowledge
A candidate who has successfully completed this course should be able to:
These issues and others are the focus of competition enforcement agencies worldwide. There is no consensus about how to deal with them and they have generated intense conflict between the US and EU. China has yet to refine its approach to dealing with these questions, but as it does it will no doubt become a very important part of the discussion.
Essay plan: 20%
Class Participation: 10%
S.G. Corones, Competition Law in Australia, 2007 Thomson
Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.