Antitrust and Intellectual Property in the Digital Economy

The law at the interface of antitrust and intellectual property has evolved over time. Patents and copyrights were thought to convey limited monopolies and viewed with skepticism by scholars and antitrust enforcers. Many licensing practices have been prohibited by antitrust law. Antitrust law and intellectual property rights are now thought to be complementary, both promoting competition interests and innovation. There is still considerable debate over the right balance between these two important disciplines. This course will explore how antitrust law has changed to accommodate the licensing and enforcement of intellectual property rights, and how the landscape continues to develop, affecting stakeholders differently. It will cover patent and copyright licensing, refusals to license, patent pooling, standard setting, patent and trademark settlements, sham litigation, IP acquisition, digital markets, and international perspectives.