Antitrust and intellectual property: from separate spheres to unified field

Article Abstract:

The modern approach to the interaction between the legal monopolies created by intellectual property law and antitrust regulation is exemplified in the Antitrust Guidelines for the Licensing of Intellectual Property. The guidelines were issued in 1995 jointly by the FTC and The US Dept of Justice and are a result of a movement away from the view that intellectual property and antitrust regulation are antithetical. Recognition that restraints on licensing and other methods may unfairly increase market power of intellectual property holders and licensees has led to the new approach.

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Running the gauntlet: antitrust and intellectual property pitfalls on the two sides of the Atlantic

Article Abstract:

The application of EC and US antitrust law to intellectual property rights and licensing agreements has been converging, but there are still some antitrust doctrines that pose risks for the technology sector. The increased importance of intellectual property has resulted in relaxation of some standards, but in the US, misuse actions are still available to private litigants and the innovation market concept poses dangers for the nonuse of technology. EC authorities have demonstrated a willingness to impose a duty to license on intellectual property rights holders.

Technology transfer, Foreign licensing agreements, European Community

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Enforcers focus on IP issues: standard setting in high-tech industries draws scrutiny when IP rights exclude competitors

Article Abstract:

Industry standard-setting poses interpretive challenges for the Federal Trade Commission and the Justice Department in their enforcement of antitrust laws. Such standards, nominally promoted in many high tech industries to improve compatibility, may have the effect of excluding competitors particularly when the standard inventor decides to enforce patent rights. A rule-of-reason approach is used that assesses whether the standard is valuable enough to overcome potential anti-competitive effects.

Standards, High technology industry

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