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Innovation and Competition Policy, Ch. 9 (2d ed): The Innovation Commons

100 Pages Posted: 1 Nov 2011 Last revised: 29 Dec 2013

Herbert Hovenkamp

University of Pennsylvania Law School; University of Pennsylvania - The Wharton School; University College London

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 Chapter, in a revised and expanded second edition, deals with issues of IP pooling and cross licensing, blanket and package licensing, joint development ventures, standard setting, the FRAND licensing process for standards essential patents, FRAND licensing obligations, the Jan. 2013 FTC/Google settlement, and related issues relating to collaborative innovation.

Keywords: monopoly, patent pools, commons, joint ventures, competition, copyright, blanket license, package license

Suggested Citation

Hovenkamp, Herbert, Innovation and Competition Policy, Ch. 9 (2d ed): The Innovation Commons (January 11, 2013). U Iowa Legal Studies Research Paper . Available at SSRN: or

Herbert Hovenkamp (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
319-512-9579 (Phone)

University of Pennsylvania - The Wharton School ( email )

3641 Locust Walk
Philadelphia, PA 19104-6365
United States

University College London ( email )

Gower Street
London, WC1E 6BT
United Kingdom

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