42 Pages Posted: 4 Oct 2011 Last revised: 12 Jan 2013
Date Written: January 11, 2013
This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to first year law students as an elective. This document is Chapter One of a complete revision, now the second edition, covering the fundamental relationship between innovation and competition policy, including doctrines relating to patent scope, sequential innovation, and exclusion of rivals.
Keywords: intellectual property, patents, competition, antitrust, interconnectivity
Suggested Citation: Suggested Citation
Hovenkamp, Herbert J., Innovation and Competition Policy, Chapter 1 (2d ed.): Competition Policy and the Scope of Intellectual Property Protection (January 11, 2013). Available at SSRN: https://ssrn.com/abstract=1937207 or http://dx.doi.org/10.2139/ssrn.1937207