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.

Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.

The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

The most important theme of the discourse on sustainable development and sustainability challenges concerns the relationship between innovation and sustainability. This book represents a realistic critical overview of the state of affairs of sustainable innovations, offering an accessible and comprehensive diagnostic point of reference for both the academic and practitioner worlds. In order for sustainable innovation to truly become mainstream practice in business it is necessary to find out how organizations can strategically and efficiently accommodate sustainability and innovation in such a manner that they accomplish value capturing (for firms, stakeholders, and for society), not merely creating a return on the social responsibility agenda. Addressing this challenge, the book draws together research from a range of perspectives in order to understand the potential shifts and barriers, benefits, and outcomes from all angles: inception, strategic process, and impact for companies and society. The book also delivers insights of (open) innovation in public sector organizations, which is not so much a process of invention as it is one of adoption and diffusion. It examines how the environmental pillar of the triple bottom line in private firms is often a by-product of thinking about the economic pillar, where cost reductions may be achieved through process innovation in terms of eliminating waste and reducing energy consumption. The impact of open innovation on process innovation, and sustainable process innovation in particular, is an underexplored area but is examined in this book. It also considers the role of the individual entrepreneur in bringing about sustainable innovation; entrepreneurs, their small- and medium-sized enterprises (SMEs), as well as the innovation ecosystems they build play a significant role in generating sustainable innovations where these smaller organizations are much more flexible than large organizations in targeting societal needs and challenges. The readership will incorporate PhD students and postgraduate researchers, as well as practitioners from organizational advisory fields.

The Roma Tre Law Review (R3LR) is an open-source peer-reviewed e-journal which aims to offer a digital forum for scholarly debate on issues of comparative law, international law, law and economics, law and society, criminal law, legal history, and teaching methods in law

Modern insights into international trade and commerce reveal new landscapes shaped by technological advancements, shifting economic power, and complex global trade. As the world becomes interconnected, digital transformation, including e-commerce and blockchain technology, is revolutionizing how goods and services are exchanged across borders, streamlining transactions and enhancing transparency. Rising markets and changing political landscapes are reshaping traditional trade routes and strategies. A nuanced understanding of new trade policies and economic agreements is necessary to leverage data analytics and adapt to evolving consumer preference. Modern Insights in International Trade and Commerce offers theoretical knowledge and practical insights into international trade and commerce. By integrating case studies, empirical data, and expert analyses, it provides a rich resource for further academic exploration into global business, market entry strategies, and cross-cultural management. This book covers topics such as, and is a useful resource for academicians, researchers, business owners, consultants, strategists, and economists.

Discussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This timely and thought-provoking book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs and argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.