This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blom

Innovation benefits consumers through the development of new and improved goods, services, and processes. Competition and patents stand out among the federal policies that influence innovation. Both competition and patent policy can foster innovation, but each requires a proper balance with the other to do so. This report by the Federal Trade Commission discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy.

This book uses the principles and tools of law and economics to examine the impact of regulation on the strategies of firms engaged in innovation. Specifically, the publication examines several key issues: economic aspects of patent rights, a state-created form of market exclusivity; the competitive exploitation of patent rights, in the form of licensing, from the perspectives of antitrust and competition law; the use of collaborative research and development arrangements as a means for reducing the costs and difficulties associated with new product development; and the attitudes of antitrust and competition regulators. In each of these areas, Innovation and Competition Policy makes reference to judicial decisions, economic theory, and the actual practices of firms in the marketplace. the book takes a comparative approach, evaluating both United States and in the European Community (EC) by: Reviewing past and current regulatory practices, and particularly contrasting and comparing recent proposed changes relating to the review of intellectual property licensing arrangements under antitrust and competition law. Examining how both have dealt with joint research and development ventures and with other pre-distribution collaborative arrangements, including the National Cooperative Research and Production Act in the United States and the EC's block exemption for research and development arrangements.

This is the second edition of the Antitrust Section's handbook on the Department of Justice and Federal Trade Commission's Antitrust Guidelines for the Licensing of Intellectual Property. Like its predecessor, this volume provides a description of the enforcement agencies' antitrust policy with respect to the licensing of patents, copyrights, trade secrets, and know-how. It also is updated to reflect the pertinent developments since the agencies issued their Guidelines seven years ago. Since 1995, the agencies have initiated a wide variety of enforcement actions involving intellectual property and have pursued claims ranging from alleged price fixing among patent holders to allegedly anticompetitive settlements of infringement litigation. This book discusses these enforcement actions and the recent judicial decisions in this area and also provides some historical perspective on the agencies' current policy with respect to the licensing of intellectual property. The book includes the complete text of the 1995 Department of Justice and Federal Trade Commission Antitrust Guidelines for the Licensing of Intellectual Property.