DOJ And FTC Issue New Antitrust Guidelines For Licensing Of Intellectual Property

Updating policies that had been on the books for more than two decades, the U.S. Department of Justice and the Federal Trade Commission on Jan. 12, 2017, issued new Antitrust Guidelines for the Licensing of Intellectual Property that replace guidelines issued by the same agencies in April 1995. Such guidelines state the antitrust enforcement policy of the agencies relating to the licensing of intellectual property protected by patent, copyright and trade secret law, and of know-how. They do not cover the antitrust treatment of trademarks. 

These modernized guidelines will be fundamental to the agencies' review and analysis of the licensing of intellectual property rights and provide guidance to businesses and the public about the agencies' enforcement approach to intellectual property licensing. The agencies had announced the proposed update of the guidelines and made a draft available for public comment in August 2016.  During a 45-day comment period, the agencies