IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition - 0735575487 - 9780735575486

IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition by Herbert Hovenkamp, Mark D. Janis, Mark A. Lemley, Christopher R. Leslie

by: Herbert Hovenkamp, Mark D. Janis, Mark A. Lemley, Christopher R. Leslie
December 2009, ISBN 0735575487
ISBN 13: 9780735575486
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05 November 2012

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IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Editiont is a two-volume reference that focuses on the intersection of the areas of IP and antitrust . While intellectual property licensing arrangements are typically pro-competitive, antitrust concerns may nonetheless arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services -- either currently or potentially available. The Justice Department's rekindled interest in intellectual property licensing arrangements now requires that companies factor antitrust considerations into the drafting and review of intellectual property licensing arrangements. Thus, licensing agreements involving intellectual property must now be drafted with two considerations in mind: maximizing the commercial value of intellectual property rights, and minimizing antitrust risks

IP and Antitrust is the first comprehensive resource that fully examines intellectual property from an antitrust perspective, to help you steer clear of unexpected problems. It provides a sophisticated discussion of intellectual property law not currently available in the antitrust treatises on the market today, including Areeda and Hovenkamp's Antitrust Law treatise.

VOLUME I

PART A: Competition Policy and the System of Intellectual Property Rights

Introduction
The U.S. Intellectual Property System: Key Aspects for the Antitrust Interface
Misuse
Intellectual Property and Market Power
Jurisdictional and Procedural Issues Governing Antitrust/Intellectual Property Claims
Remedies for Anticompetitive Abuses of IP Rights
Anticompetitive Settlement of IP Disputes

PART B: Monopolistic Practices Involving Intellectual Property Rights

Monopolization
Improper Enforcement of Intellectual Property Claims
Innovation and Product Changes
Unilateral Refusals to License
Patent and Other Intellectual Property Acquisitions; Nonuse

PART C: Vertical Integration and Related Licensing Practices by Intellectual Property Holders

Vertical Practices Involving Intellectual Property Rights: Preliminary Issues
Tying, Exclusive Dealing and Related Licensing Practices
Package Licensing, Blanket Licenses and Block-Booking
Anticompetitive Royalty Provisions
Resale Price Maintenance and Vertically Imposed Nonprice Restraints
Grantback Provision

VOLUME II

PART D: Horizontal Restraints Involving Intellectual Property Licensing

Justifications and Basic Competitive Concerns
Price Restricted Licenses and the General Electric Rule
Output Restricted Licenses
Horizontal Market Division and Other Nonprice Restrictions
Cross-Licensing and Patent Pools
Intellectual Property and Standard-Setting Organizations
Research and Production Joint Ventures: National Cooperative Research and Production Acts

PART E: Competition and Intellectual Property Licensing in Global Markets