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Oettinger, Nicolas
Berkeley technology law journal, 01/2001, Volume: 16, Issue: 1Journal Article
Patents and copyrights are government sanctioned monopolies. In order to encourage innovation and investment in research, the government provides the owners of these intellectual property rights the power to control production of and exclusively use their inventions. Antitrust laws, on the other hand, limit restraints of trade in order to prevent the abuse of market power and protect competition. An imbalance of power between patents and antitrust, suggested by previous decisions of the Court of Appeals for the Federal Circuit, is fully realized in the recent decision In re Independent Service Organizations (ISO). The ISO decision demonstrates the Federal Circuit's decided preference for intellectual property rights over antitrust concerns. Ultimately, this bar to competition threatens innovation, and the broad protections of ISO might become a detriment to the intellectual property system.
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