Hofstra Law Review
The relationship of the antitrust laws to the patent, copyright and other intellectual property laws has perplexed antitrust scholars and practitioners since the beginning of the twentieth century. 1 The problems in reconciling the two legal areas arise from two, if related, sources. One problem lies in their purposes: the intellectual property laws are designed to create exclusive rights - exclusive rights that sometimes rise to the level of monopolies - in order to encourage innovation and creativity. The antitrust laws are designed to foster competition and to prevent the formation of monopolies. The other related problem is definitional; just how far does the protection afforded by these laws extend? To a large extent the answer to the second question depends on how we approach reconciling the purposes of these laws.
Daniel J. Gifford, The Antitrust/Intellectual Property Interface: An Emerging Solution to an Intractable Problem, 31 Hofstra L. Rev. 363 (2003), available at http://scholarship.law.umn.edu/faculty_articles/355.