Antitrust Regulation of the Use of Intellectual Property

Intellectual property and antitrust law have had an uneasy relationship for decades, with antitrust scrutiny of IP owners’ commercial practices waxing and waning. Makan Delrahim’s recent speeches signal a possible return to evidenced-based policy making by antitrust authorities, which industry has not fully embraced. Recent antitrust regulation of licensing by IP owners in both the creative and innovation industries does not fully reflect such a policy. In the creative industries, the issues have centered on consent decrees that have governed songwriters' prices and licensing practices since the mid-20th century. The USDOJ has resisted attempts to ease the decrees despite dramatically changed business practices and technology -- in fact, they have sought to expand regulation of songwriters' business practices. In the innovation industries the FTC and other regulators have brought increased scrutiny to standard-setting, the voluntary process that enables cooperation and advances in mobile phones and other sectors, seeking to regulate the licensing and enforcement of standard-essential patents.

 

Featuring:

Mr. Alden Abbott, General Counsel, Federal Trade Commission

Prof. Jorge Contreras, University of Utah College of Law

Mr. David C. Kully, Partner, Holland & Knight

Ms. M. Brinkley Tappan, Counsel to the Assistan Attorney General, U.S. Department of Justice, Antitrust Division

Ms. Koren Wong-Ervin, Director of IP & Competition Policy, Qualcomm Inc.

Moderator: Mr. John P. Moran, Partner, Holland & Knight

 

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