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Antitrust Chronicle® – New Madison Revisited

BY | July 27, 2021

Dear Readers, James Madison, the fourth U.S. president and a principal drafter of the U.S. Constitution, is credited with including Article I, Section 8, Clause 8 – the Patent and…

Dear Readers,

James Madison, the fourth U.S. president and a principal drafter of the U.S. Constitution, is credited with including Article I, Section 8, Clause 8 – the Patent and Copyright Clause. This provides the basis for Congress to enact rules protecting intellectual property (“IP”) rights in the U.S. constitutional order, a unique development at its time.

The evolution of antitrust law has, over time, come into conflict with the intellectual property rights created on the basis of t

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