Chapter IX. Collaborations Relating to Intellectual Property

• Pages: 157-166

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CHAPTER IX

COLLABORATIONS RELATING TO

INTELLECTUAL PROPERTY

Joint ventures are particularly important for tackling the many chal-

lenges faced by firms seeking to develop intellectual property. For in-

stance, joint ventures can be used to facilitate the integration of parties’

complementary technologies, thereby reducing costs and encouraging

innovation and the introduction of new products. As products and ser-

vices relying on intellectual property continue to become a central part of

the economy, understanding how the antitrust laws apply to collabora-

tions relating to intellectual property will become increasingly important.

This chapter considers the complex intersection between joint ventures

involving intellectual property rights and the antitrust laws, including an

overview of the applicable agency guidelines and potential theories of

competitive effects.

A. DOJ/FTC Intellectual Property Guidelines

In 1995, the Department of Justice (DOJ) and the Federal Trade

Commission (FTC) jointly issued the Antitrust Guidelines for the Licens-

ing of Intellectual Pr operty (Intellectual Property Guidelines).

1

The In-

tellectual P roperty Guidelines set forth the agencies’ approach to apply-

ing the antitrust laws to situations involving intellectual property, includ-

ing cases employing joint ventures.

1

. U.S. DEP’T OF JUSTICE & FED. TRADE COMM’N, ANTITRUST GUIDELINES

FOR THE LICENSING OF INTELLECTUAL PROPERTY (1995), availa ble a t

http://www.justice.gov/atr/public/guidelines/0558.htm [hereinafter IP

Guidelines].