2024
Sustainability Objectives in Competition and Intellectual Property Law
- Pranvera Këllezi, Pierre Kobel, Bruce Kilpatrick
This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society.
Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty.
With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.
https://link.springer.com/book/9783031448683
The international report for the QB prepared by Chris de Mauny (The Role of Intellectual Property in Sustainability - An International report) can be downloaded from this link : https://www.ligue.org/document/623d9cf125122c44eac496ce9b083b39
2023
Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing
- Bruce Kilpatrick, Pierre Kobel, Pranvera Këllezi
Antitrust in Data Driven Markets, International Report (Dominik Schäfers), Australia (Barbora Jedličková, Brenda Marshall, Mark Burdon), Austria (Gerhard Fussenegger, Viktoria H. S. E. Robertson), Belgium (Friso Bostoen), France (Lauren Mechri, Nizar Lajnef, Jean-Julien Lemonnier, Liliana Eskenazi, Daniel Green, Laurence Charvoz), Germany (Mark-Oliver Mackenrodt), Hungary (Judit Firniksz, Péter Mezei), Norway (Eirik Østerud, Ronny Gjendemsjø, Ingrid Halvorsen Barlund), Switzerland (Johana Cau), United Kingdom (Sir Christopher Bellamy)
Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing
International Report (Marta Delgado Echevarría), Austria (Adrian Kubat, Arno Scharf), Belgium (Louis Hoffreumon, Benjamin Docquir), Brazil (Felipe Barros Oquendo), Germany (Thomas Hoeren, Hanna Hoffmann), Hungary (Adam Liber, Lili Albert, Judit Firniksz)
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2021
Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings
- Pierre Kobel, Pranvera Këllezi, Bruce Kilpatrick
- Provides an analysis of two "hot topics" in the field of antitrust and unfair competition law
- Identifies general trends and highlights differences between, and the most interesting features of, national regulations in the relevant fields
- Written by prominent and respected practitioners in the field
- Covers a broad range of jurisdictions
2019
Liability for Antitrust Law Infringements & Protection of IP Rights in Distribution
- Pranvera Këllezi, Bruce Kilpatrick, Pierre Kobel
This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property.
The first part discusses the allocation of liability for infringement of antitrust laws between corporations and individuals. The book explores the criminal or administrative sanctions available against corporations, companies or group of companies, and individuals, such as employees or directors. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study of this complex and challenging subject.
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2018
Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions
- Bruce Kilpatrick, Pierre Kobel, Pranvera Këllezi
- Provides an analysis of two "hot topics" in the field of antitrust and unfair competition law
- Identifies general trends and highlights differences and the most interesting features of national regulations in the relevant fields
- Written by prominent and respected practitioners in the field
- Covers a broad range of jurisdictions
2017
Abuse of Dominant Position and Globalization & Protection and Disclosure of Trade Secrets and Know-How
- Pranvera Këllezi, Bruce Kilpatrick, Pierre Kobel
- Provides an analysis of two "hot topics" in the field of antitrust and unfair competition law
- Identifies general trends and highlights differences and the most interesting features of national regulations in the relevant fields
- Written by prominent and respected practitioners in the field
- Covers a broad range of jurisdictions
2017
Antitrust in Pharmaceutical Markets & Geographical Rules of Origin
- Pierre Kobel, Pranvera Këllezi, Bruce Kilpatrick
This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property.
The first part discusses the application of competition law in the pharmaceutical sector, which continues to be a focus for anti-trust authorities around the world. A detailed international report explores the extent to which the application of the competition rules in the pharmaceutical sector should be affected by the specific characteristics of those products and markets (including consumer protection rules, the need to promote innovation, the need to protect public budgets, and other public interest considerations). It provides an excellent comparative study of this complex subject, which lies at the interface between competition law and intellectual property law. ....}
2016
Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights
- Bruce Kilpatrick, Pierre Kobel, Pranvera Këllezi
- Provides an analysis of two "hot topics" in the field of antitrust and unfair competition law
- Includes resolutions passed by the General Assembly of the LIDC following a discussion on each of these topics
- Including proposed solutions and recommendations
- Identifies general trends and highlights the differences between and most interesting features of national regulations in the relevant fields
2015
Antitrust in the Groceries Sector & Liability Issues in Relation to Corporate Social Responsibility
- Pierre Kobel, Pranvera Këllezi, Bruce Kilpatrick
The book provides an analysis of the grocery retail market in a very large number of countries with an international report written by an economist. The second part of the book offers the analysis of liability issues in relation to non-compliance with CSRs with an international report by a British barrister. Both topics are very timely.
2014
Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors
- Pranvera Këllezi, Bruce Kilpatrick, Pierre Kobel
This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries.
The first part of the book examines whether small and middle-sized businesses could or should be subject to specific competition rules. These businesses account for 99% of the enterprises in Europe and the United States, making this a particularly important topic. The papers consider both the public and private enforcement rules across a range of jurisdictions and a detailed international report, prepared by Michele Carpagnano, identifies general trends and highlights differences and the most interesting features of national regulations. ...}