01 Jul A comparative analysis of the intersection of Antitrust and intellectual property law in the EU and US: possibility for harmonisation?

James Robert Dosio

Bocconi University, Milan, Italy

E-mail: james.dosio@studbocconi.it

Abstract

This paper aims to analyse in a comparative framework the approaches of the United States and the European Union to the intersection of antitrust and intellectual property law, with a special attention to the discipline of compulsory licensing. After considering the current legislative and jurisprudential scenarios in both jurisdictions, differences in approach are examined, before concluding with policy recommendations based on recent international guidelines.

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Keywords: Intellectual Property, Standard Essential Patents, FRAND, Compulsory licensing