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Counter-Ip Conspiracies: Patent Alienability And The Sherman Antitrust Act, Hannibal Travis
Counter-Ip Conspiracies: Patent Alienability And The Sherman Antitrust Act, Hannibal Travis
University of Miami Law Review
Anticompetitive collusion by intellectual property owners frequently triggered antitrust enforcement during the twentieth century. An emerging area of litigation and scholarship, however, involves conspiracies by potential licensees of intellectual property to reduce or eliminate opportunities by a property’s holders to profit from it, or even to recoup their investments in creating and protecting it. The danger is that potential licensees will collude with one another to suppress royalties or sale prices. This Article traces the history of such litigation, provides an overview of the scholarly and theoretical arguments against monopsonistic or oligopsonistic collusion against licensors of intellectual property, and summarizes …
Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda
Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda
University of Miami Inter-American Law Review
Today in Brazil, it takes over eleven years to receive legal rights to an invention by means of a patent. This state of affairs provides inadequate intellectual property protection for inventors and businesses, hampering Brazil’s desire to accelerate innovation, entrepreneurship, and economic growth through a national patent system. But a new Joint Agreement between the Government of the United States and the Government of the Federative Republic of Brazil could mean rescue is on the way. Both governments agreed to engage in patent work sharing programs between the two patent offices, in hopes of increased efficiency. Yet, some scholars have …