Competition Policy
and Intellectual Property Rights in the Knowledge-Based Economy
Robert D. Anderson et Nancy T. Gallini, general editors
ISBN 1895176972
$48.95 paper
ISSN 1188-0988
July 1998
xiv + 477 pages
Tables, firgures, biblios.
Industry Canada Research Series,
vol. 9
About the Book
Ensuring a high rate of innovation and productivity improvement is at the core of the challenges facing the Canadian economy as we approach the next century. The sound application of well-designed government policies to maximize incentives for innovative activity while maintaining vigorous interfirm rivalry in markets is vital to meeting the challenge.
In contemplating such matters, we must be mindful not only of domestic concerns, but also of developments abroad. In recent times, the United States, the European Community and Japan have all revisited the treatment of intellectual property under their respective competition laws, and issued formal guidelines regarding enforcement policies in this area.
This volume is the outcome of a research exercise initiated by the Competition Bureau in cooperation with the Canadian Intellectual Property Office and the Micro-Economic Policy Analysis Branch of Industry Canada. It includes substantive papers authored by leading international academic and legal scholars, as well as select government policy analysts with experience working in competition agencies in Canada and the United States.
General Editors
Robert D. Anderson is currently Counsellor, Intellectual Property and Investment Division, at the World Trade Organization in Geneva. Prior to joining the WTO in May 1997, he was Chief of Economic Policy at the Competition Bureau of Industry Canada.
Nancy T. Gallini is Professor of Economics and currently serves as Chair of the Department of Economics at the University of Toronto.
Table of Contents
| Preface |
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| 1. | Robert D. Anderson and Nancy T. Gallini | Competition Policy, Intellectual Property Rights, and Efficiency: An Introduction to the Issues |
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| PART I: INTELLECTUAL PROPERTY, COMPETITION POLICY AND ECONOMIC EFFICIENCY: FRAMEWORK ISSUES | |||
| 2. | Nancy T. Gallini and Michael J. Trebilcock | Intellectual Property Rights and Competition Policy: A Framework for the Analysis of Economic and Legal Issues |
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| Richard Gilbert | Comment |
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| 3. | Donald G. McFetridge | Intellectual Property, Technology Diffusion, and Growth in the Canadian Economy |
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| F. Michael Scherer | Comment |
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| 4. | Robert P. Merges | Antitrust Review of Patent Acquisitions: Property Rights, Firm Boundaries, and Organization |
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| Neil Campbell | Comment |
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| PART II: CONTRACTUAL PRACTICES AND ORGANIZATIONAL ARRANGEMENTS | |||
| 5. | William F. Baxter and Daniel P. Kessler | The Law and Economics of Tying Arrangements: Lessons for the Competition Policy Treatment of Intellectual Property |
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| Ralph A. Winter | Comment |
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| 6. | Patrick Rey and Ralph A. Winter | Exclusivity Restrictions and Intellectual Property |
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| Marius Schwartz | Comment |
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| 7. | Suzanne Scotchmer | R&D Joint Ventures and Other Cooperative Arrangements |
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| Michael J. Trebilcock | Comment |
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| 8. | Jeffrey Church and Roger Ware | Network Industries, Intellectual Property Rights and Competition Policy |
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| Joseph Farrell | Comment |
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| PART III: BROADER POLICY ISSUES AND COMPARATIVE PERSPECTIVES | |||
| 9. | Derek Ireland | Competition Policy, Intellectual Property and the Consumer |
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| Dennis A. Yao | Comment |
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| 10. | Willard K. Tom and Joshua A. Newberg | U.S. Enforcement Approaches to the Antitrust-Intellectual Property Interface |
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| William F. Baxter | Comment |
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| 11. | Robert D. Anderson, Paul M. Feuer, Brian A. Rivard, and Mark F. Ronayne | Intellectual Property Rights and International Market Segmentation in the North American Free Trade Area |
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| Marius Schwartz | Comment |
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| PART IV: ROUNDTABLE DISCUSSION AND CONCLUSIONS | |||
| 12. | Roundtable Discussion on Competition Policy, Intellectual Property and Innovation Markets |
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| 13. | Robert D. Anderson and Nancy T. Gallini | Summary and Conclusions |
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| About the Contributors |
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