Intellectual Property Experimentalism by Way of Competition Law
9 Competition Policy Int'l 30 (2013)
12 Pages Posted: 28 Jan 2014 Last revised: 31 Mar 2014
Date Written: January 1, 2014
Competition law and Intellectual Property have divergent intellectual cultures – the former more pragmatic and experimentalist; the latter influenced by natural law and vested rights. The US Supreme Court decision in Federal Trade Commission v. Actavis is an intellectual victory for the former approach, one that suggests that antitrust law can and should be used to introduce greater scrutiny of the specific consequences of intellectual property grants.
Keywords: patent, copyright, antitrust, competition
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