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The IP Guidelines: Lessons from History

BY | September 19, 2019

By Willard K. Tom In the fierce debates over the proper relationship between antitrust and intellectual property, some of the hard-won underlying principles of the 1995 Antitrust Guidelines for the…

By Willard K. Tom

In the fierce debates over the proper relationship between antitrust and intellectual property, some of the hard-won underlying principles of the 1995 Antitrust Guidelines for the Licensing of Intellectual Property risks being forgotten. Of particular importance are: (1) the implications of applying the rule of reason, (2) the distinction between horizontal and vertical relationships, and (3) the importance of maintaining the incentive for licensing and therefore for innovation

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