This book results from a conference held in Singapore in September 2009 that brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement) and competition laws (sometimes due to the World Bank, International Monetary Fund or free trade agreements). It would be naive to think that laws, even if similar on the surface, have the same goals or can be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances and differing legal and political institutions. To set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and Bill Kovacic look at the intersection of intellectual property and competition laws in the United States. Next are country chapters on Asia, each jointly authored by a lawyer and an economist. The country chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyse the case law in the area, and make policy prescriptions.
R Ian McEwin is Professor of Law, National University of Singapore, Senior Economic and Regulatory Adviser, Rajah & Tann, Singapore and Visiting Professor in the Law Faculty, Chulalongkorn University, Bangkok. He was formerly economics adviser to the Singapore Department of Trade and Industry on competition law matters, before joining the Singapore Competition Commission as its inaugural Chief Economist.
Part 1: Setting the Scene 1. Editor's Introduction R Ian McEwin 2. A Regulator's Perspective on Getting the Balance Right William E Kovacic 3. The Role of Economic Analysis in Competition Law Douglas H Ginsburg and Eric M Fraser 4. Favouring Dynamic Competition over Static Competition in Antitrust Law J Gregory Sidak and David Teece Part 2: Country Chapters 5. Australia Bob Baxt and Henry Ergas 6. China Michael Jacobs and Xinzhu Zhang 7. India Vinod Dhall and Augustine Peter 8. Indonesia Ningrum Sirait and Cento Veljanovski 9. Japan H Stephen Harris, Jr and Hiroshi Ohashi 10. Singapore Ashish Lall and Daryl Lim 11. South Korea Sang-Seung Yi and Seong-wook Heo 12. Thailand: Medicines, Competition Law and Compulsory Licensing R Ian McEwin and Sakda Thanitcul 13. Vietnam: A Review of the Legal Framework and Enforcement Doan Tich Phuoc and Bui Nguyen Anh Tuan