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Intellectual property and competition

Summary of the Issue

Recently, the relationship between intellectual property and competition law has emerged as a fertile area for further research. The U.S. Federal Trade Commission conducted extensive hearings in this area throughout 2002 and issued a report in October, 2003, entitled “To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy". The report recommended, among others, changes to the patent system and to patent application evaluation standards to improve patent quality. The FTC is expected to issue a second report focused on competition policy issues.

In the EU, the development of case law and recent reviews of the EC block exemption on technology transfer agreements have also prompted reflection on the intersection between intellectual property and competition policy.

ICC's Commission on Competition is cooperating with ICC's Commission on Intellectual Property to explore these issues.

ICC's Contributions

Work is currently in progress

Useful Links

U.S. Federal Trade Commission
http://www.ftc.gov

FTC, To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy (October, 2003) http://www.ftc.gov/os/2003/10/innovationrpt.pdf

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