Antitrust and Intellectual Property: A Brief Introduction
Cambridge Handbook of Antitrust, Intellectual Property and High Tech (Roger D. Blair & D. Daniel Sokol eds., 2017), Forthcoming
14 Pages Posted: 21 Aug 2016 Last revised: 1 Sep 2016
Date Written: August 30, 2016
Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to protect consumers from the consequences of monopolization. Intellectual property law seeks to enhance incentives to innovate by granting monopolies in ideas or expressions of ideas. The purpose of this chapter is to explore the purported conflict between antitrust and intellectual property. The chapter is largely descriptive, and focuses on current or developing litigation rather than historical controversies. Many of the modern examples of conflict can be attributed to problems of classification.
Keywords: antitrust, intellectual property, patent-antitrust, monopolization, reverse payment settlement, product hopping, predatory innovation
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