A Hitchhiker’s Guide to Antitrust and Intellectual Property Guidelines

A Hitchhiker’s Guide to Antitrust and Intellectual Property Guidelines

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In this article, published in the American Bar Association's Antitrust, Vol. 31, No. 2, Spring 2017 edition, authors Hartmut Schneider, Sarah Licht, and Nicole Callan discuss common principals between Antitrust and IP, "Secondary Guidance" and practice developments.

Almost 22 years ago, the US antitrust enforcement agencies issued their Antitrust Guidelines for the Licensing of Intellectual Property (IPG). Styled as an effort to “assist those who need to predict whether the Agencies will challenge a practice as anticompetitive,” the decision to memorialize basic enforcement principles for the application of U.S. antitrust law to the licensing of IP has proven to be hugely influential throughout the world. Many jurisdictions have followed the United States in developing guidance for the business community on questions regarding IP rights and antitrust law. Prominent examples include the European Union, Canada, Korea and, Japan. Read the full article

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