Право интеллектуальной собственности
Юридические дисциплины
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Anderman S.D.The Interface Between Intellectual Property Rights and Competition Policy
Издательство Cambridge University Press, 2007, -586 pp.

This work owes its origin to the Singapore IP Academy, which was established in January 2003 as a result of a national initiative. Acknowledging the value and importance of intellectual assets and creativity as primary sources of wealth and competitive advantage, the broad objective of IP Academy is to contribute to the building of a thriving culture that encourages the management and haessing of innovation, and the resultant IP rights for the achievement of success in this global, knowledge-driven economy. Although at present it is largely funded by the Singapore Govement, it is an independent body. Professor Gerald Dworkin and Associate Professor Loy Wee Loon were IP Academy’s founding directors from January 2003 to December 2004. They have been succeeded by Professor David Llewelyn as director andMs. Ng Lyn as deputy director.
One aspect of the IP Academy’s work is training. A broad range of courses, of varying lengths, are being provided for all those who can benefit from an understanding of intellectual property. At one extreme are university-based courses. For example, the Graduate Certificate in Intellectual Property provides a foundation course suitable for those seeking to qualify as registered patent agents in Singapore, and the MSc in IPManagement is targeted at mid to senior management, executives and professionals with a background in science, technology or engineering who wish to specialize in the management of IP in a technology-related business. At the other extreme are a stream of short courses, for example Negotiating Skills for IP-Related Technology Transactions and Performing Arts Management: Copyright and Performing Rights for Practitioners.
The other major aspect of IP Academy’s work is ‘Thought Leadership’, namely the promotion of research. Its research projects take on a multidisciplinary focus straddling management, social, economic and legal perspectives. The research faculty supports both local and regional development of best practices in IP policy and endeavours to improve the ability of businesses, professional research institutions and other creators of IP to exploit and commercialise their IP.
Shortly after the IP Academy began its work, the govement announced that it was proposing to introduce a framework of competition law for Singapore. Because of the close relationship between competition and intellectual property law, this development provided an excellent opportunity for the IP Academy to promote its research programme and to assist those responsible for determining the nature of such legislation.
The IP Academy was fortunate in enlisting Professor Steve Anderman to lead an inteationally based team to provide an examination of this interface between competition and intellectual property rights in different legal systems. It was hoped that the outcome of the study would produce findings and set out policy options of relevance to those responsible for the drafting and implementation of competition legislation in Singapore; an opportunity to provide customised national legislation in its broader inteational context. As the policy formulation and draft legislation proceeded, some of the research work and the experts involved fed in their own contributions, at the very least to better inform and assist the decision makers. Thus, in the early stages, there was an expert Roundtable meeting: ‘Issues at the Interface between Intellectual Property and Competition Law: Dealing with the Residual Conflicts’. This was followed by a conference for the Singapore legal profession and others: ‘The New Competition Bill and its Implications for Intellectual Property Rights’.
The Singapore Competition Act is now in place. It is hoped that the IP Academy played a useful role in assisting the way in which the legislation was framed. The IP Academy is most grateful to Steve Anderman and to all his colleagues who embarked upon the project with such enthusiasm. It is to be hoped that the work which they have done will be of interest and of value to a wider inteational audience.

The competition law/IP ‘interface’: an introductory note
Part I Intellectual property rights and competition law in the major trading blocks
competition policy and IPRs
Competition policy and its implications for intellectual property rights in the United States
The interface between competition law and intellectual property in Japan
Part II Intellectual property rights and competition law in smaller and medium sized open economies
Intellectual property rights and competition in Australia
Irish competition law and IP rights
The interface between intellectual property law and competition law in Singapore
Part III Issues related to the interface between intellectual property rights and competition law
Parallel imports
Technology transfer
The relationship between intellectual property law and
competition law: an economic approach
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