The Pros And Cons Of Intellectual Property Law

competitor is able to provide, either a firm would have to be protected by a barrier that

Antitrust laws are meant to protect competition in markets. They try to ensure that all individuals have an “equally opportunity in honest competition.” Early in the nation’s history, there was widespread fear of the dangers of monopolies and other restrictions on competition. In 1890, Congress passed the Sherman Antitrust Act to prevent limits on competition caused by private parties. Thus the main goal of antitrust law is to preserve “economic freedom” and a “free-enterprise system.” Specifically, it attempts to preserve “the freedom to compete” for businesses. In a practical sense, antitrust laws are seeking to prevent burdens on competition in the marketplace.

The role of antitrust laws has been the subject of numerous publications that have attempted to provide a precise set of reasons and inspirations for their creation. However, there are still many schools of thought on the subject and much debate over the effectiveness and legitimate implementation of these laws. This paper analyzes the three main antitrust laws that the federal branch of the United States government uses to try to restrict monopolies. This paper also looks at antitrust laws in the modern business environment, and attempts to relay the information in a manner that a newcomer to the subject will understand the concept as it relates to modern technology and business practices. The findings of this paper indicate that the topic of antitrust laws is more complex than many believe and, depending on the position of the person affected by monopolies, the sentiment ranges widely.

Laws and Regulations are not easily defined when antitrust laws are violates. There are many versions and analysis which often leads to agree to disagree. With public support, antitrust laws can be enforced and effective but with ignorance and indifference, it can become weak.

An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and Leo J. Raskind Reviewed work(s): Source: The Journal of Economic Perspectives, Vol. 5, No. 1 (Winter, 1991), pp. 3-27 Published by: American Economic Association Stable URL: http://www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39

Through the course of this paper I will introduce and discuss the history of the movement towards an actively and engaged antitrust legislation. I will also identify the original and early antitrust laws and how they have influenced the economy, as we know it today. Upon the completion of this paper you will understand who was set to benefit (gain) from anti legislation and who loses under the intentions of the antitrust laws today and in the past.

This is where industry regulations come. The regulations discourages the monopolies and oligopolies from charging unfair prices for their products.

The law of competition has many advantages including development of materials, improved conditions, and survival of the fittest in every industry. Competition is necessary for the success of a country, but the robber barons tried

Contents 1. 2. 3. 4. 5. 6. 7. Facts ............................................................................................................................. 3 Antitrust Law On Monopolization And Attempting To Monopolize .......................... 7 Economics Of

The first part of this paper attempts to answer these questions whilst deliberating on the majority and minority judgements of the US Supreme Court in Leegin and the significance of the decision for US federal antitrust law. The second part of this paper compares the US Federal and EU approaches to RPM.

Antitrust laws are classical examples of adapting tendencies of government to the changing times. The history of competition act, 2002 is a good example of the proverb that the road to hell is paved with good intentions. The Monopolies and Restrictive Trade Practices Act, enacted in the era of restrictive economy found itself to be obsolete and redundant with the opening of Economy in 1991, was vacuum was filled by passage of Competition Act, 2002. Cartels are prohibited by most countries in most of the countries, whether they are domestic or foreign firms. Over the years, international cartels, which comprise firms more than in one country were considered to be illegal,

This paper will discuss the Google case that was presented by Microsoft stating that Google was in violation of antitrust laws. Also, in this paper some of the pecuniary and non-pecuniary costs will be discussed. Given in this paper will also be my thoughts on monopolies and oligopolies.

Congress passed an antitrust law in 1890 to help keep companies from using monopolizing business practices called the Sherman Act (“FTC,” n.d., para. 1). Two more antitrust laws were passed in 1914. The two laws were the Federal Trade Commission Act and the Clayton Act (“FTC,” n.d., para. 1). These laws were put in place to protect consumers and businesses alike. Each law that has been put in place to ensure fair trade; and each one has its own pros and cons. I will be giving examples of the marginal costs and marginal benefits of Antitrust Legislation and how regulatory capture ties into the laws as well.

There must be a balance between the developer of the intellectual property and the interest of the public. Intellectual property is already a big business among companies. Expanding the monopolies has the effect of allowing companies to negotiate and cross-licensing technology. Microsoft, as recently reported on the Wall Street Journal, is looking to expand the licensing of its technologies, after successfully licensing some video decoders to open source groups.

While doing business in India, parties are prohibited from executing anti-competitive agreements. Generally, the agreements which cause or are likely to cause appreciable adverse effect on competition (“AAEC”) are anti-competitive agreements. However, the Competition Act, 2002 (“Act”) recognizes intellectual property rights and to facilitate their protection, the Act permits reasonable restrictions imposed by their owners. Similarly, the Act exempts agreements between exporters as exports do not impact markets in India.