ANTITRUST AND INTERNATIONAL PATENT LICENSING

There was a time when the application of antitrust law to international patent licensing might have been considered an arcane, esoteric and clearly non-political topic. None of this is true any longer. Licensing abroad is increasingly important for American business. Antitrust issues are usually a factor in licensing decisions and enforcement. Moreover, during the last few years there has developed a growing worldwide political interest in the issue whether multinational corporations are unduly restricting world trade or exploiting dominant economic positions. This concern has been combined with urgent demands by less developed nations for the swiftest possible international transfer of technology. In addition, many nations with balance of payments problems have indicated their desire to eliminate the inhibiting effects on trade which they believe export restrictions in international patent licenses may engender.