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oapen-20.500.12657-876172024-03-28T14:03:16Z Sustainability Objectives in Competition and Intellectual Property Law Këllezi, Pranvera Kobel, Pierre Kilpatrick, Bruce Sustainability Competition Intellectual Property Unfair Competition IP Law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNJ Entertainment and media law thema EDItEUR::L Law::LB International law::LBB Public international law::LBBP Public international law: environment thema EDItEUR::L Law::LB International law thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::R Earth Sciences, Geography, Environment, Planning::RN The environment::RNU Sustainability This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society. Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty. With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights. 2024-02-13T16:11:23Z 2024-02-13T16:11:23Z 2024 book ONIX_20240213_9783031448690_6 9783031448690 9783031448683 https://library.oapen.org/handle/20.500.12657/87617 eng LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition application/pdf n/a 978-3-031-44869-0.pdf https://link.springer.com/978-3-031-44869-0 Springer Nature Springer Nature Switzerland 10.1007/978-3-031-44869-0 10.1007/978-3-031-44869-0 6c6992af-b843-4f46-859c-f6e9998e40d5 82b38b21-92ee-4251-bd66-a26f77d655c1 9783031448690 9783031448683 Springer Nature Switzerland 415 Cham [...] open access
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This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society. Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty. With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.
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