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Market power and intellectual property litigation: hearing before the Subcommittee on Courts, the Internet
by:United States. Congress. House.
Original publisher: Washington : U.S. G.P.O. : For sale by the Supt. of Docs., U.S. G.P.O. [Congressional Sales Office], 2001. LC Number: KF27 .J857 2001e OCLC Number: (OCoLC)48933967 Subject: Technological innovations -- Economic aspects -- United States. Excerpt: ... 11 The importance of this legislation is shown by the names and the cases in my...
Original publisher: Washington : U.S. G.P.O. : For sale by the Supt. of Docs., U.S. G.P.O. [Congressional Sales Office], 2001. LC Number: KF27 .J857 2001e OCLC Number: (OCoLC)48933967 Subject: Technological innovations -- Economic aspects -- United States. Excerpt: ... 11 The importance of this legislation is shown by the names and the cases in my statement where this issue was addressed, companies like Xerox, Kodak, MCA, Chrysler. For businesses like those which contribute greatly to our economy, certainty is priceless; and the greater the uncertainty, the more investment-created jobs are dis-couraged. The ABA, therefore, urges legislation like that previously intro-duced that would preclude the presumption of market power in in-tellectual property litigation. The past legislation would be im-proved, however, if its principle is extended to cover expressly li-censing and refusal to license intellectual property rights; and I identified some alternative language on page 14. Thank you for the opportunity to present the views of the ABA and for your attention. If you have any questions, I will do my best to respond. [ The prepared statement of Mr. Baker follows: ] P S C P. BAKER REPARED TATEMENT OF HARLES Mr. Chairman and Members of the Subcommittee: We thank you for letting us present the views of the American Bar Association 1 on market power presumptions based on intellectual property in antitrust actions. The ABA is convinced that Congress should enact legislation which would elimi-nate any presumption that intellectual property defines a market or establishes 2 market power in actions under the antitrust laws. Because such presumptions are arbitrary, ignoring real world facts, they have no proper basis from the point of view 3 of either intellectual property or antitrust law, and they lower incentives created by intellectual property law to invest in new jobs and new industrial facilities based on technical advances. To illustrate how misguided such presump...
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