The Federal Trade Commission and Department of Justice proposed
on August 12, 2016 to revise the Antitrust
Guidelines for the Licensing of Intellectual Property (the
"IP Licensing Guidelines") for the first time in over two
decades. Since 1995, the IP Licensing Guidelines have provided
guidance to businesses and the public regarding potential antitrust
issues that may arise in the context of IP licenses. The proposed
update allegedly reflects the experience and policy expertise that
the agencies have accumulated over the past 20-plus years.
"Licensing is a cornerstone of a strong system of IP rights
because it offers one way that firms can maximize the value of
their IP and realize an appropriate return on their
investment," said FTC Chairwoman Edith Ramirez. "These
updated Guidelines reaffirm our view that U.S. antitrust law leaves
licensing decisions to IP owners, licensees, private negotiations,
and market forces unless there is evidence that the arrangement
likely
