Document Type

Article

Publication Date

2004

College

College of Business Administration

Department

Management and Marketing

Abstract

In 1995, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) adopted new guidelines for the licensing of intellectual property rights without violating antitrust laws. The 1995 Antitrust Guidelines for the Licensing of Intellectual Property (IP Guidelines) state the antitrust enforcement policy of the DOJ and the FTC.1 The IP Guidelines drafted by the DOJ and FTC (the agencies) does not provide practitioners with a sufficient level of comfort as they attempt to predict the enforcement initiatives relative to intellectual property licensing.2 The IP Guidelines are inadequate because they misunderstand the nature of intellectual property markets and provide insufficient guidance in the most difficult areas. The IP Guidelines include a special treatment of a newly defined “innovation market” that is flawed and lack a focus on license-misuse activity that creates entry barriers.

Publication Title

Journal of Internet Law

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