What’s New at the IP and Antitrust Crossroad

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.

 

What’s New at the IP and Antitrust Crossroad

Douglas Ginsburg, Koren Wong-Ervin, Joshua Wright, Oct 14, 2015

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)

Lisa Kimmel, Oct 14, 2015

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)

Anita Banicevic, Mark Katz, Oct 14, 2015

Canada’s Updated Draft Intellectual Property Enforcement Guidelines and the Pharmaceutical Industry

The draft IPEGs reflect a

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