Washington DC
17 January 2017
Reporter: Barney Dixon

FTC and DOJ update IP licensing guidelines


The Federal Trade Commission (FTC) and US Department of Justice (DOJ) have updated their 1995 Antitrust Guidelines for the Licensing of Intellectual Property.

This update will modernise the guidelines and create a stronger licensing system that will benefit consumers and increase innovation, according to Edith Ramirez, chair of the FTC.

“The commission reaffirms its commitment to an economically grounded approach to anti-trust analysis of IP licensing,” she said.

“A strong and competitive IP licensing system benefits consumers and fosters innovation, by helping to ensure that inventors realize an appropriate return on their investment.”

The guidelines were available for public comment in 2016, and the agencies received some resistance from commenters for the guidelines to more specifically address additional IP licensing activities.

In response, the agencies reiterated that the flexible effects based enforcement framework remains “applicable to all IP areas”.

Renata Hesse, acting assistant attorney general of the DOJ’s anti-trust division, said: “Our modernised IP licensing guidelines continue to apply an effects based analysis that puts the focus on evaluating harm to competition, not on harm to any individual competitor, and support procompetitive intellectual property licensing that can promote innovation.”

“The comments we received were helpful in completing this update and also serve more broadly to better our understanding of some of today’s very complex antitrust issues that involve intellectual property rights.”

More Industry news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
IPC3 investigated 1,400 suspects in 2017
13 December 2017 | The Hague | Reporter: Barney Dixon
Europol investigated nearly 1,400 suspects and was involved in 36 major intellectual property crime cases in 2017 as part of its Intellectual Property Crime Coordinated Coalition
China to bolster IP rights protection mechanisms
27 November 2017 | Beijing | Reporter: Barney Dixon
China will ramp up its intellectual property rights protection mechanisms to promote economic development, according to the country’s premier Li Keqiang
Alibaba and CBBC extend partnership
22 November 2017 | Hangzhou | Reporter: Barney Dixon
Alibaba has signed an agreement with the China-Britain Business Council that will enhance intellectual property rights protections for UK-based entities
ICE and industry team up to fight IP crime
21 November 2017 | Washington DC | Reporter: Jenna Lomax
US Immigration and Customs Enforcement has teamed up with Intellectual Property Enforcement Coordinator industry representatives and other US government enforcers to counter IP crimes
Alibaba in ITC spotlight
20 November 2017 | Washington DC | Reporter: Barney Dixon
Alibaba will be investigated by the US International Trade Commission over the importation and sale of insulated beverage containers, their labels, and packaging materials
Illicit streaming devices entering the UK fail to meet national electrical safety regulations, according to findings from FACT and Electrical Safety First
Mewburn Ellis opens Munich office
16 November 2017 | Munich | Reporter: Barney Dixon
Intellectual property boutique Mewburn Ellis has opened a new office in Munich, its first expansion outside of the UK