"This book introduces a general theory of intellectual property (IP) law, highlighting its importance and relevance in addressing complex IP issues in the digital economy, which often intersect with competition law. The book argues for the need for a unified theory of IP to elevate it as a discipline in its own right, while recognizing the diversity and nuance of IP laws. It explores how such a theory can address the challenges posed by the knowledge economy, the platform economy, the data-driven economy, and generative AI. The book views IP as a market regulatory mechanism designed to remedy market failures in public goods by providing sufficient protection to incentivize human creation and its operation and sharing across societies. It also emphasizes the need for competition law when IP oversteps its legitimate boundaries and becomes the source of other market failures. The study critically examines the TRIPS Agreement and many established stereotypes of IP theories and regimes. It offers a global perspective with a special focus on Asian considerations. The title will be essential reading for scholars, students, practitioners and policymakers interested in regulatory reform and the evolving landscape of intellectual property law and its interaction with competition law in the digital age"--
This book introduces a general theory of intellectual property (IP) law, highlighting its importance and relevance in addressing complex IP issues in the digital economy, which often intersect with competition law.
The book argues for the need for a unified theory of IP to elevate it as a discipline in its own right, while recognizing the diversity and nuance of IP laws. It explores how such a theory can address the challenges posed by the knowledge economy, the platform economy, the data-driven economy, and generative AI. The book views IP as a market regulatory mechanism designed to remedy market failures in public goods by providing sufficient protection to incentivize human creation and its operation and sharing across societies. It also emphasizes the need for competition law when IP oversteps its legitimate boundaries and becomes the source of other market failures. The study critically examines the TRIPS Agreement and many established stereotypes of IP theories and regimes. It offers a global perspective with a special focus on Asian considerations.
The title will be essential reading for scholars, students, practitioners, and policymakers interested in regulatory reform and the evolving landscape of intellectual property law and its interaction with competition law in the digital age.
This book introduces a general theory of intellectual property (IP) law, highlighting its importance and relevance in addressing complex IP issues in the digital economy, which often intersect with competition law.
Part I A General Theory of IP, IP Code, Market Competition, and
Competition Law
1. The Prelude
2. IP as Market Regulation to Enrich the
Public Domain
3. Market Competition and Competition Law
4. An IP Code, its
Principles, and a More Balanced International IP Regime Part II Compulsory
Licensing of IPRs to Further Competition
5. International IP Treaties and
National IP Regimes on Compulsory Licensing
6. Competition-Oriented
Compulsory Licensing of IPRsExcept Trademarks and GIs Part III Aggregating
IP
7. Patent Pools
8. Work Pools and Well-Known Trademarks Database Part IV
FRANDly Licensing of SEPs
9. SSOs, SEPs, and FRAND Licensing of SEPs
10. To
Facilitate FRANDly Licensing of SEPs on a Global Scale Part V The Exercise of
Trademark Rights
11. Balancing Secondhand Branded Goods Markets with Brand
Owners via Corporate Social Responsibility Part VI Data, Algorithms, IP, and
Competition
12. Data and Algorithms for the Data-Driven Economy
Kung-Chung Liu is a professor of law at Renmin University of China and Singapore Management University. He is also an adjunct chair professor at Shandong University, China. His research focuses on IP law, competition law, and telecommunication and broadcast law with a geographic emphasis on Asia.
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