IP and Antitrust: Part 1
I am writing today from Seattle University's IP Symposium entitled At the Intersection of Antitrust and Intellectual Property Law: Looking Both Ways to Avoid a Collision
Panel 1: Topic When does normal IP business conduct become exclusionary and anticompetitive?First Thoughts:
Should Intellectual Property be treated the same as traditional property for the purposes of antitrust law? Changing practices mid-stream to quash competition throught the restriction of IP, is this a violation of antitrust law.
Should those participating in standard setting organizations be allowed to draft patents that try to seize the market without disclosing those patents to the other members of the standard setting committee?
Is there a need for a governmental rule to govern patent disclosure for participation in standard organizations or should the organizations set the rules for disclosure on their own terms.