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Exploring the relationship between competition law and technology pools, this book provides general purpose details of the Biotechnology Patent Pool scheme while discussing historical developments, approaches of the US Deptartment of Justice (DOJ), Federal Trade Commission (FTC), and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-à-vis technology pools. It analyses the modalities of forming such pools in area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure.
List of contents
Contents
- Introduction: The Value of Patents and the Evolution of Licensing
Patents and Their Value
Cross Licensing
Revenue Neutral License
Cross Licensing and the Migration towards Patent Pooling
- The History and Evolution of Patent Pools
Patent Pools
The Development of Standard-Setting Pools
Standard-Setting Pools
- Biotechnology and Patent Pooling: Antitrust issues in the US
The Tying of Antitrust with Patents
Standard Oil
Hartford-Empire
Nine No-Nos (post Standard Oil and Hartford-Empire)
The Guidelines of 1995
The Modern Approach and General Principles of Antitrust Analysis
Tying
- Patent Pools and Competition Law: The EU Approach
General Approach
Technology Pools
The Composition of the Pool
European Union Regulations
The Assessment of Pools
- Essential Facilities, Tying Arrangements, and Open-Source Structure
The Concept of Essential Facilities
The EU Approach to Essential Facilities
The US Approach to Essential Facilities
Tying Arrangements
Open-Source Arrangement
- Biotechnology and Patent Pooling: A Way Forward
Pooling and Biotechnology
The Application of Pooling
Information Pools (Upstream Pools)
Technology Pools (Downstream Pools)
- The Structure of Pools
Introduction
Rationale in Pooling
The Distinction between Standard-Setting and Non-Standard-Setting Pools
The Structure of the "Proposed" POOL (Twin Whorl Arrangement)Licensing Provisions
Summary
- Conclusion
Summary
About the author
Devdatta Malshe is an independently practicing attorney and was editor of Industrial Property Law Reporter (2002–2008), based in Mumbai, India.
