In this issue:
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. This week we’re going to look at some of these trends; in our next issue we’re going to burrow deeper and analyze a significant case in Europe, the Huawei decision. Welcome back to the land of acronyms, trolls, sticky patents, holdups, and much more.
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What’s New at the IP and Antitrust Crossroad
The Troubling Use of Antitrust to Regulate FRAND Licensing
These new rules are premised upon the mistaken belief that holdup is both frequent and results in significant consumer harm. Douglas H. Ginsburg, Koren W. Wong-Ervin, & Joshua D. Wright (George Mason University School of Law)
Injunctive Relief for Infringement of FRAND-Assured Standard-Essential Patents: Japan and Canada Propose New Antitrust Guidance
Regulators across the globe should ensure that any antitrust restrictions that constrain the ability of SEP owners to enforce their rights be grounded in a case-specific analysis of competitive effects. Lisa Kimmel (Crowell & Moring)
Canada’s Updated Draft Intellectual Property Enforcement Guidelines and the Pharmaceutical Industry
The draft IPEGs reflect a
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