Innovation and Competition Policy, Chapter 1 (2d ed.): Competition Policy and the Scope of Intellectual Property Protection

Author(s):  
Herbert J. Hovenkamp
Author(s):  
Adrian Kuenzler

This chapter turns to the restoration of consumer sovereignty. It revisits the three recurrent principles set out in Chapter 1 and argues that antitrust and intellectual property laws must understand consumers in their full socially embedded complexity to promote progress. Only in this way can analysts respect, rather than suppress, consumer preferences that evince concern for less proprietary forms of production and distribution in a marketplace which is heavily fixated on consumerism and passive consumption. It points to a number of ingenious recent studies from the cognitive psychological research that demonstrate that revealed preferences and external incentives have been offered as bright line rules for directing the consumer’s attention primarily (and exclusively) to conventional manufacturing and distribution techniques, but that such physical and economic processes scarcely exhaust the universe of choices about which consumers express strong interest.


Author(s):  
Wang Xianlin

Since the Anti-Monopoly Law was enforced in China more than eight years ago, important achievements have occurred, as well as challenges for further development. In addition to challenges relating to amending legislation, strengthening enforcement, improving the judicial process, and ensuring strict compliance, etc, there are four issues that will be focused on here, namely: taking monopoly industries as a breakthrough to further promote the enforcement of China’s Anti-Monopoly Law (both administrative and civil antitrust enforcement should focus on prominent monopolistic conducts in typical monopoly industries); properly handling the coordination between industrial policy and competition policy; promoting the cooperation between the Anti-Monopoly Law and intellectual property law; and cultivating China’s competition culture.


Author(s):  
Jie Zhang ◽  
Dongdong Chen ◽  
Jing Liao ◽  
Weiming Zhang ◽  
Huamin Feng ◽  
...  

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