Drake IP 2013: Sean Morrris, “Trademarks as sources of market power”

Liveblogged from Drake IP Roundtable 2013. Sean Morris has been thinking about beers. Is he locked in to Anheuser-Busch as a brand? Morris argues that trademarks are a source of market power. Market power is demonstrated by three factors: (a) the relevant market; (b) market shares; and (c) abuse of market power. In Siegel v Read more about Drake IP 2013: Sean Morrris, “Trademarks as sources of market power”[…]

Standardisation and patent ambush: Potential liability under Australian competition law

Kylie Pappalardo and Nicolas Suzor, “Standardisation and patent ambush: Potential liability under Australian competition law” (2011) 18 CCLJ 267, here. This article examines the problem of patent ambush in standard setting, where patent owners are sometimes able to capture industry standards in order to secure monopoly power and windfall profits. Because standardisation generally introduces high Read more about Standardisation and patent ambush: Potential liability under Australian competition law[…]