Innovation, Competition Law and IP Rights
by Professor Herbert Hovenkamp, University of Iowa School of Law and Fellow of the American Academy of Arts and Sciences
on 11th & 12th June 2014 from 9.30am - 5.30pm Including all refreshments and lunch
About the course The course will explore the interaction between competition law and intellectual property rights. In the modern knowledge economy undertakings develop a number of strategies to expand their IP rights portfolio and achieve competitive advantages by employing their IP rights in order to exclude competitors or raise their costs, and charge higher prices to consumers. Competition law and IP law disputes are interconnected, as recent litigation in the pharmaceutical sector and the recent patent wars in the IT sector illustrate.
The course will analyze the value of competition law in addressing a variety of practices in innovation-intensive markets, including interconnection in networks, duties to deal, the licensing and distribution of IP rights (standard setting organizations, patent pools), tying, patent assertions by non-practising entities, pay-for-delay (“reverse”) settlements, and the nature of FRAND obligations for standards essential patents (SEPs), as well as injunctive remedies and computation of FRAND royalties, drawing from examples in EU and US law.
The course will also consider the uses and limitations of competition law and policy as a vehicle for promoting innovation and will examine realistic reforms that can be undertaken in IP law and competition law in order to achieve this objective.It will aim to examine the interaction between competition law and IP law in various sectors of the economy and the practical implications of that interaction for a number of commercial practices.
Accreditation The course is accredited with 12 CPD hours by the Solicitors Regulation Authority and the Bar Standards Board. It also constitutes relevant CPD for IPReg.
Course outline: Wednesday 11 June (Morning): Competition Policy, The Patent System, and Unreasonable IP Exclusions (including anticompetitive abuses of the patent system, refusal to license, restraints on innovation, nonuse, patent aggregators and other non-practicing entities; exclusion by innovation)
(Afternoon): Reverse Payment Settlements, Tying, and "Misuse" (including pay-for delay settlements, patent ties, interoperability, price discrimination)
Thursday 12 June (Morning): Innovation Policy and the Innovation Commons (including patent pools and cross licensing, open source practices, price fixing and horizontal market restraints, joint ventures)
(Afternoon): Standard Setting, Standards Essential Patents, and FRAND Licensing (including standard setting and other forms of technology sharing, FRAND licensing obligations and remedies, including royalty determinations)
Fees Fees include materials, and all refreshments including lunches on both days.
Early Bird tickets are available until 30 April: £510 Early Bird Standard ticket / £433.50 Early Bird UCL Alumni ticket
Standard tickets: £600 standard ticket / £510 UCL Alumni ticket
Academic (full-time) and Non-UCL Students (in full-time study) £300
How to book: Book online using your credit or debit card or request to pay via invoice (companies only) at: https://hovenkamp-2014.eventbrite.co.uk