Overview

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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9783031448683

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Dr. Pranvera Këllezi is an attorney at law in Geneva and a member of the Swiss Competition Commission, Switzerland. She represents companies and public organizations in business law, antitrust and competition, data protection, as well as in public economic law. She is member of the LIDC board responsible for publications. Pierre Kobel practiced in all fields of law in different law firms in Geneva, Lausanne, and in the USA, as well as with the Federal administration in Bern and as a deputy judge in Geneva. He is frequently invited as a guest lecturer and is a recognized practitioner in the field of antitrust, intellectual property, and dispute resolution. Bruce Kilpatrick is a partner at Addleshaw Goddard LLP, based in London. He advises a range of clients on competition law, utility regulation, merger control, and EU state aid matters. He has particular expertise in the energy, transport, retail, and financial services sectors.

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