The governance of competition on global markets is an open policy question (lack of international competition policy). In this paper, it is analyzed to what extent different types of regulatory competition, which in other regulatory contexts (as, e.g., corporate law) can be beneficial, might...

A trademark can be not only a word or logo, but also a color, sound, three-dimensional object, and many other nontraditional items. Corporations are increasingly seeking nontraditional trademark protection instead of or in addition to traditional patents and/or copyrights. They are also...

Contemporary analysis of trademark rights rests on the premise that consumer confusion constitutes the primary, if not the sole, rational basis of protection. Dilution theory has gradually come to be considered an almost undesired exception to the general rule of confusion-based liability and...

Private enforcement of the European Union's rules on competition (Arts. 101, 102 TFEU) has become prominent as a counterpart to their public enforcement. Mostly, it is identified with tort actions brought under EU-harmonized national law by individuals claiming compensation for the harm suffered...

This paper examines the evolution of national competition (antitrust) policies and enforcement approaches vis-à-vis intellectual property rights (IPRs) and associated anti-competitive practices in major jurisdictions over the past several decades. It focuses especially on the underlying process...

This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to...