Herbert Hovenkamp


This book of Cases and Materials on Innovation and Competition Policy is intended for educational use.  The book is free for all to use subject to an open source license agreement.  It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA).  Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to first year law students as an elective.  The table of contents is as follows (click on chapter title to retrieve it):


Ch. 1: Competition Policy and the Scope of Intellectual Property Protection

Ch. 2:  Complementary Products and Processes: The Law of Tying

Ch. 3:  Harm to Competition or Innovation; Remedies

Ch. 4:  Competition Policy and the Patent System

Ch. 5:  Competition and Innovation in Copyright and the DMCA

Ch. 6:  Restraints on Innovation

Ch. 7: Intellectual Property Misuse

Ch. 8:  Innovation, Technology, and Anticompetitive Exclusion

Ch. 9: The Innovation Commons

Ch. 10:  Post-Sale and Related Distribution Restraints Involving IP Rights

Statutory Supplement and Other Materials


© 2011.  Herbert Hovenkamp


License Agreement:  The Author hereby grants You a royalty-free, non-exclusive, license to (a) reproduce this Original Work in copies for any purpose including classroom use; (b) prepare derivative works based upon the Original Work; and (c) distribute electronic or printed copies of the Original Work and Derivative Works to others; provided that, acknowledgement of the original author be made on all distributions of the original or derivative works; and distribution shall be noncommercial and  without charge, except that reasonable costs of printing and distribution may be passed on.  No copyright is claimed in unedited government or other public domain documents.


















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