INTELLECTUAL PROPERTY AND STANDARD SETTING

3/05/2015
(Original Publish Date: 12/17/2014)

In June 2010, the United States submitted a paper to the Competition Committee setting forth its views on U.S. competition policy concerning standard-setting activities. This paper updates parts of that submission, focusing on U.S. antitrust enforcement actions and advisory policy guidance and leading U.S. court decisions in the area of standard setting and intellectual property rights. Through enforcement actions and policy statements, the U.S. Department of Justice, Antitrust Division (DOJ) and the U.S. Federal Trade Commission (FTC) (collectively “the Agencies”) have provided significant guidance concerning competition issues related to standard setting and intellectual property rights. The Agencies’ policy guidance and enforcement decisions in this area take into account the complementary roles that competition and intellectual property laws play in promoting innovation and enhancing consumer welfare.