Intellectual Property Overview

Antitrust Challenges: The Interface Between Competition Law and IP Law


This course provides a global look at the interaction between antitrust law and intellectual property rights.  The presenters delve into this area and provide key insights that will prove invaluable to the intellectual property attorneys.

**Mobile Compatible


I.  Introduction
      A. First Topic
II. Tensions Between Competition, Policy and Patent Rights
      A. Debate Between Anti-Trust and Patent Communities
      B. Injunctions
      C. Patent Litigation
          1. The Enforcement of IP Rights
          2. Changing the Balance Between IP Holders and Users
      D. Regulation of Competition in Numerous Jurisdictions
      E. Concluding Remarks
III. IP-Related Issues in China
      A. Anti-Monopoly Law [AML]
      B. Concern for Businesses and Stakeholders
      C. IP-Related Investigations and Rules and a Comparison  
          Between U.S. and EU
      D. MOFCOM's Decision in Merck-AZ
      E. Several NDRC Decisions
      F. SAIC's AML IP Rules
      G. Takeaways From the Decisions
IV.  Audience and Panel Discussion
      A. Regular Meetings of IP and Anti-Trust Authorities: Would
          It Help?
      B. Providing for Exploitive Abuse
      C. Software Inventions and Patents
      D. Advice on Drafting to Minimize Issues

Content Provided

The American Intellectual Property Law Association (AIPLA) is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community, with approximately 13,500 members. AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property.

AIPLA was formed in 1897 to maintain a high standard of professional ethics, to aid in the improvement in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.

AIPLA is governed by a Board of Directors and has a staff of 25, headed by an Executive Director, located in Arlington, Virginia. AIPLA has more than 50 administrative and substantive committees which provide education to their members and formulate proposed positions for the Board of Directors to consider adopting as Association policy.

AIPLA is also actively involved in shaping US intellectual property policy through its work on legislation, federal regulations, and intellectual property cases in the US courts. Internationally, AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents and trademarks, regularly participates in meetings of the Word Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.

To qualify for membership, applicants must be members in good standing of the Bar of a court of record of the United States or any State. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries, or registered to practice before the Patent or Trademark Office in their country of citizenship or practice, to be considered for membership. AIPLA also has student affiliate memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools and affiliate membership is available to patent agents who are registered with the USPTO. Approximately 63% of the regular members are in private practice, 33% in corporate practice, with the remainder in the government or academia. See our membership application for more information.

AIPLA conducts three regularly scheduled conferences a year, mid-winter, spring, and fall, at which the Association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA conducts several stand-alone seminars on specialized areas of intellectual property law throughout the year around the country, as well as online educational programs.

The Association produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published electronically three times a year, and meeting papers from the regularly scheduled conferences and nationwide seminars. The Association also provides its members online access to a membership directory. Finally, AIPLA biennially publishes the Report of the Economic Survey, providing a significant benchmarking tool for compensation and charges in the intellectual property law field.

Speakers / Authors:

Photo of Mathew Heim

Mathew Heim

Mathew Heim is Senior Director and Counsel in Qualcomm’s European Government Affairs team. His work focuses principally on antitrust, intellectual property rights and standardization policy. Prior to joining Qualcomm in 2009 he spent over a decade providing strategic counsel on EU and international political, legal or regulatory matters. In the antitrust sphere, Mr. Heim has advised on Article 101 and 102 investigations in sectors as diverse as mobile roaming, vitamins, bananas, fast moving consumer goods and media rights. In the field of mergers, he advised on some of the most contentious Phase I and Phase II cases.

Mr. Heim was amongst the top 10 European public affairs competition advisers in the Global Competition Review survey and more recently Qualcomm’s competition team won the ILO Global Counsel Competition Team of 2011 Award. Mathew also writes and speaks regularly on various subjects related to European policy, law and politics. He is currently Co-Chair of the AmCham EU Competition Committee and member of the EU Committee of the Honourable Society of Lincoln’s Inn.

Mr. Heim was awarded degrees in History from Bristol University and in Politics from Exeter University, before studying law and being called to the UK Bar.

Photo of Koren Wong-Ervin

Koren Wong-Ervin

Koren Wong-Ervin currently serves as the Director of the Global Antitrust Institute (GAI) at George Mason University School of Law. From 2012-2015, she was Counsel for Intellectual Property and International Antitrust in the Office of International Affairs at the U.S. Federal Trade Commission, where she focused on issues at the intersection of antitrust and intellectual property.

Before joining the Commission, Ms. Wong-Ervin spent almost a decade in private practice, focusing on antitrust litigation and government investigations with a particular focus on issues affecting clients in the technology and financial industries. She has significant experience litigating national and multistate antitrust class actions on both the defense and the plaintiff side, and was a core member of the trial team that handled the defense of the then largest civil antitrust class action in U.S. history for Visa U.S.A., Inc., and a core member of the appellate team in the LePage’s v. 3M bundled pricing case.

Ms. Wong-Ervin is co-chair of the American Bar Association Section of Antitrust Law's Antitrust in Asia Conference; from 2012 to 2015, served as a vice chair of the Intellectual Property Committee within the American Bar Association's Section of Antitrust Law; has previously served on the editorial boards of Antitrust Law Developments (7th edition), the leading two-volume antitrust treatise, and the 2003 Annual Review of Antitrust Law Developments, an annual supplement to the fifth edition of the treatise. She was also the co-founder and co-editor-in-chief of the ABA's Unilateral Conduct Committee e-Bulletin from 2002 to 2003.

Ms. Wong-Ervin received her J.D. from University of California, Hastings College of the Law.


Price (USD)

Standard Rate: $124.00
Subscribers: $124.00
Pillsbury U Online: $124.00
Metro State Univ: $124.00


Course Code : 772501

Release Date : 12/14/2015

Length : 1hr 4min
Recorded Date : 10/22/2015

Format Type : eLearning
Mobile Compatible

Accreditation Info

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