The role of intellectual property and competition policy in promoting innovation #FTC-2018-0055-D-0003

Submission Number:
FTC-2018-0055-D-0003
Commenter:
Jorge Padilla
State:
Outside the United States
Initiative Name:
The role of intellectual property and competition policy in promoting innovation
I appreciate the opportunity to contribute to the detabe on the role of IP and competition policy in promoting innovation. I am submitting two papers which I expect could help the discussion on this topic. In the papers attached, my co authors and I have discussed (1) the implications of the economics of innovation and IP protection, licensing, and compulsory licensing for the competitive assessment of standards development and the enforcement standard-essential patents rights, and (2) the competitive assessment of the common industry practice of licensing standard-essential patents on a portfolio basis at the end-user device level -- i.e. the assessment of whether a patent holders refusal to license at only at the downstream end-user device level, and not at other levels of the production chain, may constitute an antitrust violation.