Intellectual Property and Antitrust Law

Intellectual property laws and policies foster innovation by providing exclusive rights in inventions, works of authorship, and trademarks for a limited period of time. Intellectual property rights can also be transferred to third parties via licensing or assignment. Antitrust laws, on the other hand, attempt to ensure competitive markets by restricting exclusionary behavior and limiting the ability of parties to engage in coordinated activities. While both areas of the law are viewed as promoting the public welfare, there is often a tension between exclusive rights and protection of competition. This course will evaluate the extent to which IP and antitrust laws conflict, as well as the ways in which they complement one another. Issues to be examined include intellectual property misuse; problematic licensing practices, such as tying arrangements and refusals to deal; fraudulent patenting; sham litigation and restrictive settlements; standard setting activities, patent pools, and FRAND licensing; vertical restraints and resale restrictions; and other practices intended to exclude competitors and harm innovation. Prerequisite: IP Law Survey or Patent Law.

Key to Codes in Course Descriptions
P: Prerequisite
C: Prerequisite or Concurrent Requirement
R: Recommended Prior or Concurrent Course