Comments on Proposed Update on Intellectual Property Licensing Guidelines
1 Pages Posted: 3 Sep 2016
Date Written: September 1, 2016
This short comment offers two general reactions to the agencies’ updating of the Intellectual Property (IP) Licensing Guidelines.
First, it recommends that the agencies consider addressing IP licensing issues related to (1) standard essential patents (SEPs), (2) patent assertion entities (PAEs), and (3) drug patent settlements. Although addressed in agency orders and speeches, each of these topics could benefit from further elaboration in the form of guidelines.
Second, it suggests that the agencies in three places could more directly recognize the crucial regulatory and industry context. These three changes would ensure that (1) purposes of regulatory regimes such as encouraging access to generic drugs are promoted; (2) the concerns of massive patent portfolios are acknowledged; and (3) the agencies recognize industry-specific anticompetitive effects in research-and-development markets.
Keywords: intellectual property, agencies, regulation, industry, patents
JEL Classification: K21, L12, L40, L41, L43, L65
Suggested Citation: Suggested Citation