US Anti-trust guidelines for the licensing of intellectual property are being updated

The Federal Trade Commission and the Department of Justice’s Anti-Trust Division are updating the anti-trust guidelines for the licensing of intellectual property. The actual draft can be seen here: and can be commented upon by interested parties until September 26, 2016. In the views of both agencies, the IP licensing guidelines are based on three basic principles: “the agencies applies the same anti-trust analysis to conduct involving intellectual property as to conduct involving other forms of property, taking into account the specific characteristics of a particular property right. The agencies do not presume that intellectual property creates market power. The agencies recognize that intellectual property licensing allows firms to combine complementary factors of production and is generally pro-competitive.”