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About the Book
Intellectual property laws foster competitive innovation through exclusivity for a limited time. Antitrust laws, on the other hand, encourage competition-including competition to innovate-by restricting exclusionary behavior and limiting rivals' ability to coordinate their conduct. While the antitrust and intellectual property laws are complementary to the extent that they both promote competition over the long term, the two regimes are sometimes at odds in the short term.
This concise Handbook provides detailed information on how these two areas impact each other. The Intellectual Property and Antitrust Handbook examines the nature and interface of the intellectual property and antitrust laws, and the different types of intellectual property. It describes the purposes of the antitrust laws, provides an overview of the intellectual property antitrust interface, and addresses the historical treatment of intellectual property issues in antitrust cases. The book also reviews the economic theories underlying the intellectual property laws and analyzes their implications for antitrust policy and the licensing of intellectual property.
The book also examines exclusive dealing or "tie-out" restraints, tying agreements, royalties requirements, grantbacks, and miscellaneous restraints, such as non-assert clauses and no-challenge clauses. The Handbook also discusses patent settlements, unilateral conduct involving intellectual property, mergers involving intellectual property, litigation issues, and practical issues that are likely to arise as practitioners assess the antitrust risks associated with the exercise of intellectual property rights. Anyone involved in intellectual property work will find this a useful reference tool.
Summary of Contents * Introduction * Overview of Intellectual Property and Antitrust Law * The Historical Treatment of Intellectual Property Issues in Antitrust Cases * The Antitrust Economics of Intellectual Property * Antitrust Analysis of Intellectual Property Agreements * Antitrust Analysis of Unilateral Conduct by Intellectual Property Owners * Antitrust Issues in Mergers Involving Intellectual Property * Intellectual Property Antitrust Issues in Litigation * Counseling Guidelines for the Licensing of Intellectual Property * Appendix-Antitrust Guidelines for the Licensing of Intellectual Property * Economics Bibliography
