Friday, April 10, 2015

New Edited Volume on Compulsory Licensing

Reto M. Hilty and Kung-Chung Liu have published a new edited volume titled Compulsory Licensing: Practical Experiences and Ways Forward (MPI Studies on Intellectual Property and Competition Law, Springer-Verlag 2015).  Here is a link to the webpage and table of contents.  (Professor Hilty spoke about compulsory licensing at the conference on IP and the Public Domain at the University of Bayreuth that I attended this past February, and I am happy that our library has now acquired a copy of the new book.)  The book's chapters are divided among three parts:  Practice Across Jurisdictions (which includes the chapter by Philip Maume on compulsory licensing in Germany, which I mentioned here); The Operation of Compulsory Licensing Regimes; and Doctrinal Discussions.  A chapter by Ichiro Nakayama and Yoshiyuki Tamura titled Denial of Injunctive Relief on Grounds of Equity:  Situation in the U.S. and Japan discusses the application of the abuse of right doctrine in the Samsung/Apple matter last year (see also my blog post here).  The authors conclude nonetheless that in most instances Japanese courts grant the prevailing patent owner an injunction almost automatically, though there are a couple of copyright cases that have denied injunctions in exceptional circumstances (and the authors appear sympathetic to the idea of conferring greater discretion upon the courts to deny injunctions in appropriate cases).  Even so, they conclude, "the prospects regarding the adoption of the eBay doctrine do not look very promising."

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