Author(s)
Herbert J. Hovenkamp
Source
U Iowa Legal Studies Research Paper No. 08-07, 2008
Summary
This paper looks at how patents and copyrights relate to competition.
Policy Relevance
Patent and copyright systems can impede competition. Antitrust can correct the balance back in favor of competition.
Main Points
- Both intellectual property (IP) and antitrust laws are concerned with restraints on competition and innovation.
- IP is the first line of defense for innovation and competition, and antitrust is the second line of defense.
- Competition and incentives to innovate (which might include monopoly power) require balancing. One must determine the optimal length and scope of IP rights.
- When IP and competition conflict, antitrust should assert a broader role.
- Both patent and copyright law are plagued by special interests. Antitrust law is comparatively free of special interests and is more “pure.”
