On May 13, the FTC issued a new report regarding the intersection of antitrust and intellectual property law. The report, "The Evolving IP Marketplace: Aligning Patent Notice and Remedies With Competition," continues the FTC's engagement on intellectual property rights and competition concerns addressed in its 2003 report, "To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy."
The new report focuses on enhancing competition through (1) improvements in providing notice to the public regarding patents and (2) recommendations to the courts with respect to improving patent law remedies to promote innovation and competition.
On June 21, the FTC hosted a one-day public workshop on standard setting to examine the legal and policy issues surrounding the competition problem of "hold-up" when patented technologies are included in collaborative standards. The panelists discussed mechanisms for standard-setting organizations to prevent patent hold-up, including (1) adopting clear patent disclosure rules, (2) requiring commitments to license on reasonable and nondiscriminatory (RAND) terms and (3) requiring the disclosure of licensing terms before a standard is adopted. The FTC is accepting public comments until August 5, 2011, which can be submitted by clicking here.