Antitrust Agencies Propose Updates To IP Licensing Guidelines And Invite Comments

In 1995, the Federal Trade Commission and the Department of Justice first issued the Antitrust Guidelines for the Licensing of Intellectual Property. They represent the antitrust enforcement policy of the agencies with respect to the licensing of IP protected by patent, copyright, and trade secret law. The Guidelines have remained unchanged since 1995. Meanwhile, there have been 20-plus years of significant developments in technologies, technology businesses, and the legal landscape of IP licensing.

The agencies have proposed the first update to the Guidelines since they were originally issued. In their press release, the agencies explained that they seek to "modernize" the Guidelines, including making updates to "accurately reflect intervening changes in statutory and case law." They have invited interested parties to submit comments by September 26, 2016.