May a dominant firm refuse to share its intellectual property (IP) with its rivals? This question lies at the heart of a highly divisive, international debate concerning the proper application of the antitrust laws. In this short Essay, we consider a profound, yet previously unaddressed, incongruity underlying the controversy. Specifically, why is it that monopolists refuse to share their IP, even at monopoly prices? To resolve this issue, some have recommended compulsory licensing, which would require monopolists to license their IP in certain circumstances. This proposal, however, entails an inescapable contradiction, one rooted in the issue of monopolists’ seemingly inexplicable refusal to share their IP
As is very well known, intellectual property rights throughout the world have recently experienced ...
Anticompetitive collusion by intellectual property owners frequently triggered antitrust enforcement...
Unilateral refusals to license intellectual property rights are almost never antitrust violations, a...
May a dominant firm refuse to share its intellectual property (IP) with its rivals? This question l...
A vertically integrated firm, having acquired the intellectual property (IP) through innovation to b...
Antitrust and IP law both share the goals of promoting innovation and benefiting consumers. A potent...
Much has been written about the antitrust intellectual property conflict. The former promotes compet...
The Federal Circuit's decision in CSU v. Xerox1 has generated enormous controversy. However, there s...
This article proposes a new approach to resolving the conundrum of a monopolist refusing to license ...
The idea that there is a tension between antitrust and the intellectual property laws is readily exa...
Under the patent and copyright laws, the owner of a patent for an invention or of a copyright for a ...
There are well-known circumstances under which unilateral refusals to license will cause harm to com...
Most antitrust claims relating to intellectual property involve challenges to agreements, licensing ...
When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the ...
Patents create strong incentives for collaborative development. For many technologies fixed costs ar...
As is very well known, intellectual property rights throughout the world have recently experienced ...
Anticompetitive collusion by intellectual property owners frequently triggered antitrust enforcement...
Unilateral refusals to license intellectual property rights are almost never antitrust violations, a...
May a dominant firm refuse to share its intellectual property (IP) with its rivals? This question l...
A vertically integrated firm, having acquired the intellectual property (IP) through innovation to b...
Antitrust and IP law both share the goals of promoting innovation and benefiting consumers. A potent...
Much has been written about the antitrust intellectual property conflict. The former promotes compet...
The Federal Circuit's decision in CSU v. Xerox1 has generated enormous controversy. However, there s...
This article proposes a new approach to resolving the conundrum of a monopolist refusing to license ...
The idea that there is a tension between antitrust and the intellectual property laws is readily exa...
Under the patent and copyright laws, the owner of a patent for an invention or of a copyright for a ...
There are well-known circumstances under which unilateral refusals to license will cause harm to com...
Most antitrust claims relating to intellectual property involve challenges to agreements, licensing ...
When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the ...
Patents create strong incentives for collaborative development. For many technologies fixed costs ar...
As is very well known, intellectual property rights throughout the world have recently experienced ...
Anticompetitive collusion by intellectual property owners frequently triggered antitrust enforcement...
Unilateral refusals to license intellectual property rights are almost never antitrust violations, a...