IDEAS home Printed from https://ideas.repec.org/p/hig/wpaper/39-law-2014.html
   My bibliography  Save this paper

Extending The Scope Of Antitrust Legislation Over The Area Of Exclusive Ip-Rights Exercise: Evidence From Russia

Author

Listed:
  • Mikhail S. Zhuravlev

    (National Research University Higher School of Economics)

Abstract

This paper deals with the issues of competition law and IP law interaction. Current Russian legislation provides absolute immunity from extending the antitrust prohibitions over the exercise of exclusive IP-rights. The idea of the article is that this approach needs to be revised. Russian court practice, legal doctrine and economic theory necessitate more flexible antitrust regulation in the area of IP. The analysis of US, EU, and Japanese models of legal regulation has revealed different approaches to the issues of antitrust policy in this field of social relations. Therefore, this paper suggests a different concept of regulation¬ – keep the general immunity from the application of antitrust prohibitions to rightholders, but make it conditional. At the same time, in order to ensure the optimal balance between private and public interests and to maintain the incentives for innovative activity, antitrust legislation should provide a system of guarantees for rightholders

Suggested Citation

  • Mikhail S. Zhuravlev, 2014. "Extending The Scope Of Antitrust Legislation Over The Area Of Exclusive Ip-Rights Exercise: Evidence From Russia," HSE Working papers WP BRP 39/LAW/2014, National Research University Higher School of Economics.
    • Handle: RePEc:hig:wpaper:39/law/2014
    as

    Download full text from publisher

    File URL: http://www.hse.ru/data/2014/09/18/1315024187/39LAW2014.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    competition law; IP law; anticompetitive exercise of IP-rights; Russian antitrust legislation; economic approach; balance of interests; amendments to legislation;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hig:wpaper:39/law/2014. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Shamil Abdulaev or Shamil Abdulaev (email available below). General contact details of provider: https://edirc.repec.org/data/hsecoru.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.