INTELLECTUAL PROPERTY AND THE ANTITRUST LAWS: PROTECTING INNOVATORS AND INNOVATION

Richard J. Gilbert, Deputy Assistant Attorney General Antitrust Division U.S. Department of Justice

3/18/2015
(Original Publish Date: 2/17/1995)

The generally pro-competitive nature of licensing arrangements is a core principle of the proposed Department of Justice Guidelines for the Licensing and Acquisition of Intellectual Property. Licensing promotes the diffusion of knowledge and enhances the utilization of intellectual property. I use the term licensing, as it is used in the proposed Guidelines, in a broad sense to include all forms of joint ventures or other partnering activities in addition to arms-length transactions in which the exchange of knowledge or the use of knowledge assets is an important part of the deal. In today's economy, technology partnerships are essential to remain globally competitive and to market the products that knowledge assets help to create. As the world continues to become a more competitive place, and as firms scattered across the globe develop their own technological advantages, licensing plays an increasingly vital role to ensure that America's industries remain at the technological frontier. The Licensing Executives Society deserves recognition for the important job it has done in promoting these essential technology partnering activities.