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ARTICLE · 20 OCTOBER 2017

GCR Know-How – IP & Antitrust 2017 - USA

A&O Shearman
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Does competition law apply to the obtainment, grant, acquisition, exercise and transfer of intellectual property rights?

United StatesAntitrust/Competition Law
A&O Shearman
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1.Applicable rules

Does competition law apply to the obtainment, grant, acquisition, exercise and transfer of intellectual property rights?

Yes. While patents and copyrights provide their holders with certain rights that allow the holders to exclude others (including competitors) from exploiting their inventions, intellectual property rights do not provide blanket immunity from the antitrust laws. Depending on the conduct involved, one or more of the following US antitrust laws apply to patent, copyright, trademark and trade secret – intellectual property (IP) – rights:

  • Section 1 of the Sherman Act (15 U.S.C. § 1) prohibits agreements between two or more parties that unreasonably restrain trade.

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