For our weekly SoCal IP Institute meeting on Monday, September 12, 2016, we will discuss the Proposed Update of the Antitrust Guidelines for Licensing Intellectual Property (IP Licensing Guidelines), available here. A redlined version highlighting the changes is available here.
The update reflects:
“For the purpose of antitrust analysis, the Agencies apply the same analysis to conduct involving intellectual property as to conduct involving other forms of property, taking into account the specific characteristics of a particular property right.”
“The Agencies do not presume that intellectual property creates market power in the antitrust context.”
“The Agencies recognize that intellectual property licensing allows firms to combine complementary factors of production and is generally procompetitive.”
See the Proposed Update Section 2.0.
The Agencies are accepting public comments until September 26, 2016.
All are invited to join us on Monday, September 12, 2016, at noon in our Westlake Village office. This activity is approved for 1 hour of General MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.