In the context of the CEIPI & BETA Project in Law and Economics of Intellectual Property seminars and conferences, where distinguished professors and leading authorities in the intellectual property world are invited, the CEIPI & BETA team is pleased to announce the lecture of Professor Daryl Lim, Associate Professor at the John Marshall Law School and Director of its Center for Intellectual Property (IP), Information & Privacy Law, Chicago, USA.
His lecture titled "Retooling the Patent-Antitrust Intersection: Insights from Behavioral Economics", will take place on Friday, 16 February at 04:30 pm, at the CEIPI, 11 rue du Maréchal Juin, Room 339.
Abstact:
In presenting pioneering work on behavioral economics and the IP-antitrust intersection, this talk discusses the role heuristics and biases play at the patent-antitrust intersection, and identifies specific ways that courts can take them into account. If antitrust law based on neoclassical economics were analogized to an app, behavioral economics would be a patch, not an overhaul of the status quo. A court that understands how patentees, licensees, consumers, and enforcers decide can more accurately contextualize and assess competing narratives and articulate more effective remedies. In other words, behavioral economics can help judges better understand how to use the rule of reason to achieve more dynamically efficient outcomes. It also addresses the criticisms against behavioral economics most pertinent to the patent-antitrust intersection and identifies four areas where behavioral economics can help courts reach better outcomes: (1) analyzing anticompetitive harm and procompetitive justifications, (2) empowering judges by enlarging the role of intent, (3) determining market power and lock-ins in aftermarkets, with lessons drawn from FRAND litigation, and (4) crafting smarter remedies.
CV:
Daryl Lim is Associate Professor at the John Marshall Law School and Director of its Center for Intellectual Property (IP), Information & Privacy Law. John Marshall is one of the founding IP institutions in the U.S. and has consistently been ranked as one of the premier IP programs in the country. Professor Lim is an observer and commentator of global IP trends and how they influence and are influenced by law, economics, and politics, with a focus on IP and its interface with competition law. His recent article “RETOOLING THE PATENT-ANTITRUST INTERSECTION: INSIGHTS FROM BEHAVIORAL ECONOMICS” has been selected by an international panel of experts as a finalist in the 2018 Concurrences Antitrust Writing Awards in the category of IP Academic Articles.
