Document Type
Book Chapter
Publication Date
12-29-2013
Abstract
This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to first year law students as an elective. This Chapter, in a revised and expanded second edition, deals with issues of IP pooling and cross licensing, blanket and package licensing, joint development ventures, standard setting, the FRAND licensing process for standards essential patents, FRAND licensing obligations, the Jan. 2013 FTC/Google settlement, and related issues relating to collaborative innovation.
Keywords
monopoly, patent pools, commons, joint ventures, competition, copyright, blanket license, package license
Publication Title
Innovation and Competition Policy: Cases and Materials
Repository Citation
Hovenkamp, Herbert J., "The Innovation Commons" (2013). All Faculty Scholarship. 1897.
https://scholarship.law.upenn.edu/faculty_scholarship/1897
Included in
Antitrust and Trade Regulation Commons, Economic Policy Commons, Industrial Organization Commons, Intellectual Property Law Commons, Law and Economics Commons, Science and Technology Law Commons, Science and Technology Policy Commons, Technology and Innovation Commons