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This is the second edition of the Antitrust Section's handbook on the Department of Justice and Federal Trade Commission's Antitrust Guidelines for the Licensing of Intellectual Property. Like its predecessor, this volume provides a description of the enforcement agencies' antitrust policy with respect to the licensing of patents, copyrights, trade secrets, and know-how. It also is updated to reflect the pertinent developments since the agencies issued their Guidelines seven years ago. Since 1995, the agencies have initiated a wide variety of enforcement actions involving intellectual property and have pursued claims ranging from alleged price fixing among patent holders to allegedly anticompetitive settlements of infringement litigation. This book discusses these enforcement actions and the recent judicial decisions in this area and also provides some historical perspective on the agencies' current policy with respect to the licensing of intellectual property. The book includes the complete text of the 1995 Department of Justice and Federal Trade Commission Antitrust Guidelines for the Licensing of Intellectual Property.
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The Microsoft antitrust case focused public attention on the role of antitrust enforcement in preserving the forces of innovation in high-technology markets. Traditionally, regulators focused on whether companies artificially hiked prices or reduced output. Now, they're increasingly likely to look first at whether corporate behavior aids or impedes innovation. In this paper, we examine whether innovation has displaced short-term price effects as the focus of antitrust enforcement by the Department of Justice and the Federal Trade Commission and, to the extent that it has, whether enforcement actions are any different as a result. We also ask whether enforcement actions in the area of intellectual property and innovation have been consistent with the 1995 DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property [IP Guidelines]. Finally, we consider whether recent enforcement actions identify key areas in which additional guidance from the Agencies would be desirable. We address these questions first in merger cases and then in non-merger cases.
In October 2003, the FTC issued a report entitled “To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy” focused on the patent law system. A second report by both agencies is forthcoming and will make similar recommendations for the antitrust law enforcement system. This article discusses whether the FTC has addressed the three common types of license misuse, that is, the refusal to grant intellectual property licenses; misconduct during industry standards setting; and the improper acquisition of broad intellectual property rights through patent settlement agreements involving patent pools, cross-licenses, and generic drug market entry. Generic drug entry has attracted a great deal of interest in light of the diversion of distribution from wholesalers to the multi-billion-dollar shadow market over the Internet, and the controversial Medicare Bill.
Today, every international transaction has potential antitrust implications. Before you risk anything in foreign trade, consult the Fifth Edition of Wilbur L. Fugate's Foreign Commerce and the Antitrust Laws. Fugate offers expert analysis of how the U.S. antitrust laws affect companies' abilities to import and export goods, invest in foreign companies, and enter into joint ventures and other trading arrangements. It provides in depth discussion of current statutory and case law, as well as expert analysis of the latest developments, including areas like these: Foreign licensing of intellectual property Transnational mergers and acquisitions Transportation restrictions and other problems of international distribution ...and everything else you'll need to ensure protection under -- and compliance with -- today's far-reaching antitrust and competition laws.