Max Planck Institute (2013)
|Max Planck Institute (2013)|
|Title:||Copyright, Competition and Development|
|Author(s):||Max Planck Institute|
|Citation:||Copyright, Competition and Development, Max Planck Institute (2013).|
|Link(s):||Definitive , Open Access|
|Key Related Studies:|
|About the Data|
|Data Description:||The Report is based on two research methods, namely, survey and traditional legal research on case‐law, done mainly by using available Internet resources. In addition, many contact persons, most at local universities, provided additional insights by answering the Questionnaire. The agencies of more experienced competition jurisdictions, where access to decisions is not a problem, did not receive the Questionnaire. This Report refrains from specifying which country‐specific information contained within it is
more or less reliable. In any instance, due to the need to limit its volume, the Report can only present a selection of interesting and valuable cases. Hence, the gratitude of the Max Planck Institute goes to all the competition agencies that participated in the survey and the many scholars who helped to provide information, without mentioning these persons individually.
|Data Type:||Primary data|
|Secondary Data Sources:|
|Data Collection Methods:|
|Data Analysis Methods:|
|Cross Country Study?:||Yes|
|Government or policy study?:||Yes|
|Time Period(s) of Collection:||
The Report is motivated by the increasing economic importance of copyright-protected works, including most diverse subject‐matter of protection ranging from cultural content, media and information products to more technology‐based computer programs, including in emerging economies and developing countries. Growing populations in such countries provide a large basis of human resources for creativity and, at the same time, lead to large consumer markets. Copyright‐related activity therefore has to be recognised as an important factor of economic development around the world but also and particularly in emerging economies and developing countries. The objectives of the Report are basically threefold: (i) The Report aims at making accessible a large body of competition law practice around the world as guidance for competition law enforcers in other jurisdictions. (ii) It also tries to promote general knowledge and understanding of how competition law should be applied to copyright‐related markets. (iii) The Report is also meant to provide benefits for international copyright policy. With its market‐oriented analysis, competition law can provide new insights on how markets for authorised use.
Main Results of the Study
- First, the survey has produced an amazingly large body of experience of many competition law jurisdictions around the world on copyright‐related markets from which other jurisdictions can benefit enormously. In particular, it is to be noted that especially in the larger emerging economies, which also represent younger competition law jurisdictions, practice on copyright‐related markets has virtually exploded during the last very few years.
- Second, the Report also highlights the importance of media and entertainment markets for technological development in many countries.
- Third, the Report also highlights the importance of competition law for the free flow of information and thereby can contribute significantly to the development of democracy in individual countries.
- Finally, it is hoped that the Report can provide incentives for the future work agenda of
WIPO. In particular, the survey has produced a major need and interest of the agencies of especially younger and smaller competition law jurisdictions in building up competence and understanding of the challenges of copyright‐related markets.
Policy Implications as Stated By Author
National regulation and approaches to sector‐specific regulation differ considerably among jurisdictions, and more work on integrated approaches to regulating collective rights management, taking into account both copyright law and competition law, seems to be urgently needed.
Coverage of Study
|Sample size:||Not stated"Not stated" is not a number.|
|Level of aggregation:||Competition agencies|
|Period of material under study:||2012|