World Intellectual Property Organization

United States of America

Antitrust Guidelines for the Licensing of Intellectual Property (@ U.S. Department of Justice and the Federal Trade Commission 1995)

Year of current version:1995
Date of Text (Published):April 6, 1995
Type of Text:IP Legal Literature
Subject Matter:Competition, Copyright and Related Rights (Neighboring Rights), Patents (Inventions), Transfer of Technology, Undisclosed Information (Trade Secrets)
Notes:
This document is published on behalf of the U.S. Department of Justice and the Federal Trade Commission. From the introduction:
"These Guidelines state the antitrust enforcement policy of the U.S. Department of Justice and the Federal Trade Commission . . . with respect to the licensing of intellectual property protected by patent, copyright, and trade secret law, and of know-how.1 By stating their general policy, the Agencies hope to assist those who need to predict whether the Agencies will challenge a practice as anticompetitive. However, these Guidelines cannot remove judgment and discretion in antitrust law enforcement. Moreover, the standards set forth in these Guidelines must be applied in unforeseeable circumstances. Each case will be evaluated in light of its own facts, and these Guidelines will be applied reasonably and flexibly."
Available Texts: 
English

Antitrust Guidelines for the Licensing of Intellectual Property (@ U.S. Department of Justice and the Federal Trade Commission 1995) Antitrust Guidelines for the Licensing of Intellectual Property (@ U.S. Department of Justice and the Federal Trade Commission 1995), Complete document (pdf) [182 KB]

WIPO Lex No.:US191

Explore WIPO