Competition Law and Intellectual Property Rights: Whose balance of innovati...

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Competition Appeal Tribunal

Victoria House

Bloomsbury Place



United Kingdom

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The UCL Institute of Brand and Innovation Law and the UCL Centre for Law, Economics and Society invite you to

Competition Law and Intellectual Property Rights:
Whose balance of innovation and incentives?

The Hon Mr Justice Barling (President, Competition Appeal Tribunal)
Giovanni Pitruzzella (Chairman, Italian Competition Authority)
Howard Shelanski (Director, US Federal Trade Commission Bureau of Economics)
Amelia Fletcher (Chief Economist, OFT)
Antonio Bavasso (UCL & Allen & Overy)
Cristina Cafarra (CRA)
Peter Davis (Compass Lexecon)
Damien Geradin (University of Tilburg/University of Michigan & Covington & Burling)
Gustavo Ghidini (University of Milan)
Sir Robin Jacob (UCL)
John Kallaugher (UCL & Latham & Watkins)
Henning Leupold (European Commission)
Ioannis Lianos (UCL)
Gabriella Muscolo (Judge, IP Tribunal, Rome)

on Monday 14 January 2012
from 3pm - 6.30pm, followed by a drinks reception

15:00 Registration
15:30 Panel 1: The opposition between competition law and IP law
16:45 Break
17:00 Panel 2: Dynamic Efficiencies: The Courts, IP Authorities and Competition Authorities
17:45 Panel 3:
Dynamic Efficiencies: Institutional arrangements
18:30 Drinks reception

Accredited with 2.5 CPD hours by the SRA (BSB accreditation pending)

About the event:
The first panel of the conference will examine the tension between competition law and IP law as being explained by their different focus on static versus dynamic efficiencies or a different understanding of how dynamic efficiencies can be achieved. The panel will include presentations on Article 101 (e.g. the transfer of technology regulation and the application of art. 101(3) TFEU in the context of specific cases involving considerations of dynamic efficiencies), merger control (the recent US horizontal merger guidelines) and Article 102 TFEU (standard setting and abuse of Ip procedures), each of them presenting specific problems for the consideration of dynamic efficiencies and interaction with IP law), then followed by a discussion.

The second panel will delve into the difficulties of courts, IP authorities and competition authorities to deal with dynamic efficiencies in general, in view of the lack of expertise for the first, lack of information on the competitive effects of granting an IP right for the second and lack of information on the specificities of innovation incentives in various industries for the third.

The final (third) panel will discuss the institutional arrangements to facilitate the consideration of dynamic efficiencies - for example by developing a network of competition and Ip judges, or collaboration between patent offices in Europe and competition authorities, appoint chief economists for patent offices with dedicated teams that will facilitate the transmission of competition culture or follow the recent example of the US to appoint a chief council on innovation at the US DOJ, bringing innovation to the fore of both IP and competition law.