In this edition of IP Literature Watch we feature an assortment of recent papers, including one discussing the need for a “primarily property” distinction when IP and antitrust intersect. Also in this issue, we include a forthcoming article from our editor and co-authors on the legal and economic arguments underlying the continuing debate over licensing standard essential patents with FRAND commitments; an article on the relationship between competition and innovation; and a discussion of whether copyright law has ever aided discrimination on the basis of race, particularly in the context of commercially successful “mirror cover recordings” that featured white vocalists and musicians who copied without permission, competition, or attribution music created by African-American musicians and vocalists.
To read more about these topics and other recent publications concerning intellectual property issues around the world, click below to download a copy.
License to all or access to all? A law and economics assessment of standard development organizations’ licensing rules
Should FRAND commitments be interpreted to require licensing all comers or could access to standards can be achieved through other, less rigid means?