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An Unconventional View of Intellectual Property and Antitrust Policy

BY | October 1, 2024

It is commonly assumed that intellectual property rights and antitrust law stand in inherent tension.  This view reflects an incomplete characterization of IP rights solely as an exclusionary instrument designed…

It is commonly assumed that intellectual property rights and antitrust law stand in inherent tension.  This view reflects an incomplete characterization of IP rights solely as an exclusionary instrument designed to block imitation and reward invention. This view overlooks the enabling function played by IP rights in enabling transactions between innovators and the holders of complementary non-innovation assets. In those cases, IP rights can lower entry costs and expand access by reducing exprop

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