
Creation without Restraint
Promoting Liberty and Rivalry in Innovation
Oxford University Press Inc
1st Edition
Published on 12. July 2012
Book
Hardback
440 pages
978-0-19-973883-0 (ISBN)
Description
Both antitrust and intellectual property laws are intended to facilitate economic growth. Antitrust is meant to encourages competition of all kinds and intellectual property law should offer inventors and artists the correct incentives to develop new ideas and technologies, but the harsh reality is that antitrust and IP laws have wandered off this course.
In Creation without Restraint: Promoting Liberty and Rivalry in Innovation, Christina Bohannan and Herbert Hovenkamp analyze the current state of competition (antitrust) and intellectual property laws, and propose realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform. This book considers how antitrust and IP law should engage practices that restrain rather than promote innovation, and covers the troubled topic of IP "misuse," which the authors suggest needs a broader reach but narrower remedies.
Bohannan and Hovenkamp also evaluate the uses and limits of antitrust to address a variety of practices in innovation intensive markets, including interconnection in networks, duties to deal, and internet neutrality. The book constructs a framework and rules for governing the "innovation commons," or the vast area that involves collaborative innovation. Finally, it considers ways to further competition in the licensing and distribution of IP rights, and offers several proposals for specific reforms, most of which can be instituted by the courts without the need for new legislation.
In Creation without Restraint: Promoting Liberty and Rivalry in Innovation, Christina Bohannan and Herbert Hovenkamp analyze the current state of competition (antitrust) and intellectual property laws, and propose realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform. This book considers how antitrust and IP law should engage practices that restrain rather than promote innovation, and covers the troubled topic of IP "misuse," which the authors suggest needs a broader reach but narrower remedies.
Bohannan and Hovenkamp also evaluate the uses and limits of antitrust to address a variety of practices in innovation intensive markets, including interconnection in networks, duties to deal, and internet neutrality. The book constructs a framework and rules for governing the "innovation commons," or the vast area that involves collaborative innovation. Finally, it considers ways to further competition in the licensing and distribution of IP rights, and offers several proposals for specific reforms, most of which can be instituted by the courts without the need for new legislation.
Reviews / Votes
Creation without Restraint is useful reading for those that are engaged in the complexities of antitrust and intellectual property, or even for the non-specialist, as the authors skilfully navigate the issues with persuasion and giligence for all to grasp. * P. Sean Morris (University of Helsinki), European Intellectual Property Review *More details
Language
English
Place of publication
New York
United States
Target group
College/higher education
Professional and scholarly
- Lawyers in antitrust, IP and related areas
- Law students, business students
- Legal academics; economists, professors teaching innovation policy in business schools, engineering schools and other scientific departments
- General readers interested in innovation, technology, or copyright issues
Dimensions
Height: 163 mm
Width: 236 mm
Thickness: 28 mm
Weight
782 gr
ISBN-13
978-0-19-973883-0 (9780199738830)
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Schweitzer Classification
Other editions
Additional editions

Christina Bohannan | Herbert Hovenkamp
Creation without Restraint
Promoting Liberty and Rivalry in Innovation
E-Book
01/2012
1st Edition
OUP eBook
€36.99
Available for download
Persons
Christina Bohannan is Professor of Law at the University of Iowa College of law, where she teaches copyright law, intellectual property advocacy, torts, constitutional law, and conflict of laws. She worked as an engineer before attending law school at the University of Florida, where she ranked first in her class and served as editor-in-chief of the Florida Law Review. She was a law clerk to Judge Edward E. Carnes, U.S. Court of Appeals for the 11th Circuit. Professor Bohannan has published major articles in the Fordham, NYU, Hastings, Boston College, Washington University, Cardozo Arts & Entertainment, and Maryland Law Reviews. Her work was selected for the 2005 Stanford/Yale Junior Faculty Forum.
Herbert Hovenkamp is the Ben V. & Dorothy Willie Professor of Law at the University of Iowa. He is a fellow of the American Academy of Arts and Sciences, and in 2008 won the Justice Department's John Sherman Award for his lifetime contributions to antitrust law. He has written over 100 law review articles and several books including Antitrust Law (with the late Phillip E. Areeda and Donald F. Turner); The Antitrust Enterprise: Principle and Execution (2006); Federal Antitrust Policy: The Law of Competition and Its Practice (4th ed. 2011); IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law (2010); and Enterprise and American Law, 1836-1937 (1991).
Herbert Hovenkamp is the Ben V. & Dorothy Willie Professor of Law at the University of Iowa. He is a fellow of the American Academy of Arts and Sciences, and in 2008 won the Justice Department's John Sherman Award for his lifetime contributions to antitrust law. He has written over 100 law review articles and several books including Antitrust Law (with the late Phillip E. Areeda and Donald F. Turner); The Antitrust Enterprise: Principle and Execution (2006); Federal Antitrust Policy: The Law of Competition and Its Practice (4th ed. 2011); IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law (2010); and Enterprise and American Law, 1836-1937 (1991).
Author
Professor of LawProfessor of Law, University of Iowa College of Law
Ben V. and Dorothy Willie Professor of LawBen V. and Dorothy Willie Professor of Law, University of Iowa College of Law
Content
Acknowledgments ; Introduction ; Ch. 1 Competition Policy in IP Intensive Markets ; Ch. 2 Complementary and Network Relationships ; Ch. 3 The Importance of Harm ; Ch. 4 Innovation, Competition and the Patent System ; Ch. 5 Increasing the Social Value of Patents ; Ch. 6 How Copyright Has Been Captured and Why it Matters ; Ch. 7 A Theory of Copyright Harm ; Ch. 8 Reclaiming Copyright: Constitutional Review and Statutory Interpretation ; Ch. 9 Restraints on Innovation ; Ch. 10 Misuse ; Ch. 11 Innovation and Exclusion ; Ch. 12 The Innovation Commons ; Ch. 13 Post-Sale Restraints ; Epilogue ; Index