The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.
COMPETITION LAW AND INTELLECTUAL PROPERTY (LAWSG158)
Credit value: 15 credits (6 ECTS) |
Module Convenor:
Dr. Ioannis Lianos |
Other Teachers:
Dr Christopher Stothers
Prof John Kallaugher |
| Intercollegiate teaching: No |
| Teaching Method: 10 x two-hour seminars |
| Who may enrol: LLM students, SIL students, Other UCL Masters students |
| Prerequisites: None |
| Barred module combinations: None |
| Core module for specialism: Competition Law, Intellectual Property Law |
| Assessment |
| Practice Assessment: to be confirmed |
| Assessment method for Masters students: 2-hour unseen written examination |
| Assessment method for SIL students: 3,000 word coursework essay |
| Module Overview |
Module summary
The module illustrates the connections among innovation policy, competition law and intellectual property (IP) rights and shows the way in which the law can work as a key instrument of innovation policy. The subjects covered include:
- the economics of innovation policy
- competition law and monopolistic practices involving IP rights
- vertical integration and related licensing practices by IP holders
- horizontal restraints involving IP rights licensing
- mechanisms integrating competition policy concerns within IP law (e.g. the patent misuse doctrine, compulsory licensing)
- the development of international standards for the IP/Antitrust interface (WTO)
- the interaction between competition law and IP rights in specific sectors such as pharmaceuticals, the music industry, biotechnology or software.
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Module syllabus
Topics examined
- Introduction to the law and economics of competition law (antitrust law principles, objectives of antitrust law, interaction with IP rights)
- Introduction to the Law and Economics of IPand regulatory/non regulatory/open source alternatives
- Unilateral monopolistic practices involving IP rights I (structure of Art. 102/Section 2 Sherman Act// refusals to license or sell IP rights)
- Monopolistic Practices involving IP rights II : exclusionary practices: product design, interoperability, tying, bundling
- Monopolistic Practices involving IP rights III: abusive IP litigation, use and abuse of regulatory procedures
- Monopolistic Practices involving IP rights IV: Excessive royalties/exploitative abuses
- Competition Law remedies in an IP context: the Microsoft case study, evaluation of IP rights
- Standard setting and competition law
- Compulsory licensing, Patent misuse doctrine, doctrine of equivalents, jurisdictional and procedural issues governing the antitrust/IP interface in Europe and in the United States
- Antitrust analysis of technology and IP agreements
- Case studies: the music industry, pharma, biotechnology, databases, software
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Recommended materials
- *Dominique Guellec & Bruno van Pottelsberghe de la Potterie, The Economics of the European Patent System (OUP, 2007)
- *Kevin Coates, Competition Law and the Regulation of Technology Markets (OUP, 2011)
|
Preliminary reading
Christina Bohannan and Herbert Hovenkamp, Creation without Restraint (OUP, 2011) |
| Other information: N/A |
Prizes for this module:
Valentine Korah prize
Jevons Institute prize
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