LAW 642 Lecture Notes - Lecture 50: Oligopoly, Ciprofloxacin, Reasonable And Non-Discriminatory Licensing
30 May 2020
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Document Summary
The tone of antitrust restrictions on ip licensing has shifted dramatically from very restrictive tension between at and ip, to a view of the two as complementary doctrines in that they both seek to incentivize creation/innovation. This has led to much more permissive at treatment of ip licensing: licensing and cross-licensing of intellectual property; pooling of patents. Company licenses ip right with condition that any innovations made on the basis of the licensed technology must be granted back to the licensor. Exclusive grant-back: only the licensor can use innovations, which drastically mitigates desire to innovate, violating at laws. Presumptively procompetitive: often necessary for industries to operate (interoperability is essential to the efficiencies of markets) Sso or sdo (standard-setting organizations): competitors will form these to meet and set standards. Anticompetitive risks: price-fixing: buyers colluding to depress licensing prices across the market via restraint of competition and, the information-sharing between competitors concern looms in all these standard-setting cases.
