Autumn 2015, Volume 10, Number 1
Antitrust Chronicle – Antitrust & IP Of Frands and Foes
The intersection of antitrust and intellectual property continues to be tricky to navigate. Several competition authorities (Canada, Japan, Korea) have issued new approaches, while other countries (India) have begun to look at case law. In this issue of CPI, our contributing authors from across the globe look at this issue through different lenses, and ask certain pertinent questions such as – is there empirical evidence to show that patent hold up by SEPs have actually occurred, does the remedy for patent hold ups lie in law of contracts or antitrust laws, what is the approach of the Canada’s Competition Bureau approach to patent litigation settlement agreements and “product switching”, potentially to SEPs and how does the Canadian approach contrast with that of the U.S. and EU, how is the Competition Commission of India poised to deal with imminent SEP related issues.