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Adequacy Of The 1995 Antitrust Guidelines For Ip Licensing: Commentaries From The 2002 Ftc And Doj Hearings, Clovia Hamilton
Adequacy Of The 1995 Antitrust Guidelines For Ip Licensing: Commentaries From The 2002 Ftc And Doj Hearings, Clovia Hamilton
Winthrop Faculty and Staff Publications
In 1995, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) adopted new guidelines for the licensing of intellectual property rights without violating antitrust laws. The 1995 Antitrust Guidelines for the Licensing of Intellectual Property (IP Guidelines) state the antitrust enforcement policy of the DOJ and the FTC.1 The IP Guidelines drafted by the DOJ and FTC (the agencies) does not provide practitioners with a sufficient level of comfort as they attempt to predict the enforcement initiatives relative to intellectual property licensing.2 The IP Guidelines are inadequate because they misunderstand the nature of intellectual property markets and provide …
University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh Dole Act, Clovia Hamilton
University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh Dole Act, Clovia Hamilton
Winthrop Faculty and Staff Publications
Technology transfer enables private industry and academia to make practical use of advanced research, development, and technical expertise. Indeed, universities are a rich source of science and technology that can support local government and business development as well as economic growth. Thus, it is essential for research universities to transfer their wisdom to the public for its use and benefit. Today, universities operate in an economic climate that requires both capital and knowledge; takes advantage of government technology initiatives (namely the Bayh- Dole Act);' and serves as a catalyst for the creation of a large number of new, incubated companies. …
High-Tech Transportation Corridors Are In Vogue: Proposed Federal Transportation Policy Amendments, Clovia Hamilton
High-Tech Transportation Corridors Are In Vogue: Proposed Federal Transportation Policy Amendments, Clovia Hamilton
Winthrop Faculty and Staff Publications
When there is an economic downturn, cities are forced to develop a strategy to revitalize. Increasing the transfer of high technology into the marketplace stimulates the economy. High tech industries are industries that include relatively high percentages of scientific and technical workers, or industries that make relatively large expenditures in research and development. "[I]n difficult economic times, political stakeholders in the technology transfer process usually view success in economic impact terms, and often from short-term and parochial perspectives-how many jobs in my state next year?" Examples include the expansion of the suburban space economy in the 1980s that produced new …
Adequacy Of The 1995 Antitrust Guidelines For The Licensing Of Intellectual Property In Complex High Tech Markets, Clovia Hamilton
Adequacy Of The 1995 Antitrust Guidelines For The Licensing Of Intellectual Property In Complex High Tech Markets, Clovia Hamilton
Winthrop Faculty and Staff Publications
In 1995, the Department of Justice and the Federal Trade Commission adopted new guidelines for those wishing to license intellectual property rights without violating antitrust laws. Designed to provide clarity, these guidelines instead breed confusion because they misunderstand the nature of intellectual property markets and provide insufficient guidance in the most difficult areas. Section I of this article will discuss the basic provisions of the guidelines, especially their treatment of "innovation markets." It argues that government enforcers should focus primarily on activity that creates entry barriers. Understanding the use and misuse of licensing is the key to analyzing barriers in …