'Stealth Licensing' - Or Antitrust Law and Trade Regulation Squeezing Patent Rights

Profit Neutrality in Licensing: The Boundary Between Antitrust Law and Patent Law∗

For over a century, courts and commentators have struggled to find principles that reconcile patent and antitrust law, especially as to patent licensing. We interpret case law and commentary to arrive at three unifying principles for acceptable terms of license. Profit neutrality holds that patent rewards should not depend on the rightholder’s ability to work the patent himself. Derived reward ...

Trade Openness and Antitrust Law*

Abstract. Openness to international trade and adopting stringent antitrust laws are both ways that countries can curb anticompetitive behavior. But scholars have long debated the relationship between these two tools. Some have argued that greater trade openness makes antitrust unnecessary, while others have argued that antitrust laws are still needed to realize the benefits of trade liberalizat...

Annual Survey of Virginia Law: Antitrust and Trade Regulation

International Patent Harmonization and Trade Balance of Patent Rights

The economic implications of international patent harmonization have attracted little empirical scrutiny. Based on patent application and renewal data in major European countries since the early 1980s, this paper examines the empirical relationship between international patenting, R&D, and “trade flows” of patent rights across national borders. The analysis reveals a substantial patent “trade i...

Intellectual Property and Intra-Community Trade

This Article will use recently decided intellectual property cases and other recent developments in European Community competition law to critically discuss the European Community’s traditional and strict pro-free trade approach in intellectual property cases. It will focus in particular on issues relating to the territorial nature of intellectual property rights. Part I of this Article examine...