The Strategic Use Of Patents: Implications For Antitrust

Daniel L. Rubinfeld, Professor of Law and Professor of Economics at the University of California, Berkeley, and Robert Maness, Senior Managing Economist, LECG, Inc.

12/08/2008
(Original Publish Date: 9/18/2004)

The intersection between IP and antitrust continues to be the subject of heated debate among academics and policymakers. The exercise of intellectual property rights has traditionally been viewed as a legitimate means to earn monopoly rents with respect to one or more products. Indeed, both U.S. competition agencies have made it clear that the protection of intellectual property is essential to provide firms and individuals with incentives to innovate. Thus, the IP guidelines explicitly recognize that intellectual property law and antitrust law share the common purpose of promoting innovation and enhancing consumer welfare