Antitrust Guidelines

Usually refers to the guidelines promulgated by the two U.S. competition enforcement agencies, the Antitrust Division of the United States Department of Justice (DOJ) and the United States Federal Trade Commission (FTC) or by the European Commission. Of particular interest in intellectual property are:

The European Commission has also issued “block exemptions” which serve much of the same role as well as various guidelines, in particular the patent and know-how licensing block exemptions which were superseded by the technology transfer block exemptions known as the TTBER (there has been more than one version, the most recent is from 2014.)

The Japan Fair Trade Commission (JFTC) has issued guidelines on patent and know-how licensing; joint R&D; patent pooling; franchising; and mergers. The Korean Fair Trade Commission (KFTC) has also issued a guidelines with respect to the licensing of intellectual property rights, mergers, resale price maintenance, as has the Taiwan Fair Trade Commission which has also issued a guideline on abusive warning letters (as well as advertisements and notices) with respect to patent, trademark and copyright infringement.

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