A Primer for Nonlawyers on Intellectual Property Alice Pecorari Piero Cordenos Jacopo Fella Valentina Basso Simone Davi

3.5 Disclosure problem Patented technology must be disclosed: to know what is protected (court and rivals) so that knowledge becomes public when patent expires Traditional copyright → no need to disclose; written expression is already self-disclosing 2 uses: to end users (through products) and for future discoveries. (--> consumption and research) right to control knowledge if patented

3.5 Disclosure problem Design invention: rather protected by trade secret (even if difficult) → try to avoid patents, because difficult to protect disclosed knowledge Exception of computer softwares: can be protected by copyright, patent and trade secrecy → PROBLEM: copyright requires secrecy (ex. of the code) rather than disclosure, patent the opposite (ex. disclosure of program structure)

3.6 Breadth and the required inventive step Two kinds of policy levers 1) Required inventiveness 2) Breadth of the right governs innovation, which has to be enough innovative to be protected How different a product should be in order to avoid infringements

3.6 Breadth and the required inventive step Patent requirements: Inventive step The invention must not be obvious Breadth Doctrine of equivalents Wider range of protection Copyright requirements: Inventive step Any creative activity is already protected Breadth Doctrine of equivalent Longer duration

3.6 Breadth and the required inventive step Two types of patent protection cases Infringing due to equivalence (Patent’s breadth) Infringing but patentable (so-called blocking patents) Unpatentable area (Prior art) Unpatentable area (lack of inventiveness)

3.7 IPRs and unfair market practices Patents and Monopolies US Antitrust Section 1 and Section 2 prohibit unfair use market power BUT do not directly hinder the use of said market power Targeted practices: horizontal price deals, geographical market division deals, oligopolistic cartels ALL OF WHICH CAN BE DONE THROUGH THE USE OF LICENSES

3.7 Key elements Exclusive Licensing Patent Pools Nonexclusive licensing between major competitors Licensing agreement with unfair side-obligations

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