As the significance of intellectual property grows, so too does the relationship between intellectual property and antitrust law. Antitrust law constrains the exercise of intellectual property rights in certain circumstances, and both owners and users of intellectual property rights need to know how the two bodies of law interact and where antitrust draws lines for intellectual property. Intellectual property practitioners need to look beyond intellectual property laws themselves to understand the antitrust limits on the free exercise of rights.
White & Case lawyers Antonio Cárdenas and Carlos Mainero Ruíz have written The Mexico chapter of the second edition of The Intellectual Property and Antitrust Review published by Law Business Research that provides a practical overview of developments in the relationship between antitrust and intellectual property.
Key topics covered in this chapter include:
- Licensing and antitrust
- anti-competitive restraints, refusals to license, unfair and discriminatory licensing, patent pooling, software licensing and trademark licensing;
- Standard-Essential patents
- dominance, injunctions, licensing under FRAND terms, anticompetitive or exclusionary royalties;
- Intellectual property and mergers
- transfer of IP rights constituting a merger and remedies involving divestitures of intellectual property;
- and other abuses
- sham or vexatious IP litigation, misuse of the patent process, anti-competitiveness settlement of IP disputes.
To read the Mexico chapter, click here.
To access the full guide, click here.
This article was published in a slightly different form in the August 2017 issue of The Intellectual Property and Antitrust Review, Second Edition.
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