Antitrust law is intended to protect competition from unreasonable restraints, and it is generally understood as a set of rules designed to regulate a free market and to protect consumers. Patent law deals with the legal right to protect inventions and assure the right to keep others from making, using, offering for sale, selling, and importing the claimed invention. Therefore, antitrust and IP law are perceived as conflicting as patent law could provide a meaningful exclusionary right. To limit the power given to patent owners and prevent a complete monopoly over a certain invention, several provisions of law have been established (e.g. compulsory licenses or FRAND commitments); in this way, a balance in the best interests of patent owners and implementers could be reached in terms of technical development and pricings. However, conflicts between patent and antitrust laws may arise when patents are misused beyond their natural limits of law. Aim of the workshop is to highlight if IP and antitrust laws should be considered as a dangerous crossroad of different competences or a useful intersection in encouraging innovation, industry growth, and fair competition.
Session Pricing:
$49