Patent pools between a possible solution to the tragedy of anti-commons and threats to competition

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André Luís Menegatti

Abstract

This study aims to further deepen and clarify the debate regarding the role of patent pools in the
context of the so - called “tragedy of the anticommons”, that characterizes the current intellectual property market. After the identification of the main aspects of the anticommons, an evalu
ation of the possible virtues of patent pools will be sought. Besides, considering that the consequences -
or even the intentions – of patent pooling may be anticompetitive, the article also explores the
threats such arrangements may pose in terms of Competition Law. The theme is a delicate intersection of Intellectual Property Law and Competition Law, which demands a general analysis of the relations
between the two systems. The main goal is to identify the impacts that eventual imbalances in this
interface may cause to the viability of the patent pools as a solution to the “tragedy”.

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Section
Revista de Defesa da Concorrência