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Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition

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Citation Edit

Federal Trade Commission & U.S. Department of Justice, Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition (Apr. 2007) (full-text).

Overview Edit

In April 2007, the Federal Trade Commission and Department of Justice issued this report, which addressed issues arising when antitrust law is applied to conduct involving intellectual property rights. This is the second report, of two, to come out of a series of 24 hearings spanning 10 months, during which the agencies received comments and heard testimony from over 300 business, government, and academic commentators offering diverse perspectives.

The report discusses issues including: refusals to license patents, collaborative standard setting, patent pooling, intellectual property licensing, the tying and bundling of intellectual property rights, and methods of extending market power conferred by a patent beyond the patent's expiration. The report emphasizes that the agencies should use a flexible rule of reason approach for the vast majority of conduct involving intellectual property rights, in order to promote the common goals of encouraging innovation and competition.

The report’s conclusions include the following:

References Edit

  1. See Brulotte v. Thys Co., 379 U.S. 29 (1964) (full-text).

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