Creation without Restraint Promoting Liberty and Rivalry in Innovation

Both antitrust and intellectual property laws are intended to facilitate economic growth. Antitrust is meant to encourages competition of all kinds and intellectual property law should offer inventors and artists the correct incentives to develop new ideas and technologies, but the harsh reality is that antitrust and IP laws have wandered off this course. InCreation without Restraint: Promoting Liberty and Rivalry in Innovation, Christina Bohannan and Herbert Hovenkamp analyze the current state of competition (antitrust) and intellectual property laws, and propose realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform. This book considers how antitrust and IP law should engage practices that restrain rather than promote innovation, and covers the troubled topic of IP "misuse," which the authors suggest needs a broader reach but narrower remedies. Bohannan and Hovenkamp also evaluate the uses and limits of antitrust to address a variety of practices in innovation intensive markets, including interconnection in networks, duties to deal, and internet neutrality. The book constructs a framework and rules for governing the "innovation commons," or the vast area that involves collaborative innovation. Finally, it considers ways to further competition in the licensing and distribution of IP rights, and offers several proposals for specific reforms, most of which can be instituted by the courts without the need for new legislation.

Christina Bohannan is Professor of Law at the University of Iowa College of Law, where she teaches copyright law, intellectual property advocacy and appellate argument, torts, constitutional law, and conflict of laws. She received her B.S. in Environmental Engineering with honors from the University of Florida in 1994 and worked after graduation as an engineer. She received her J.D. from the University of Florida in 1997, where she ranked first in her graduating class, and served as editor-in-chief of the Florida Law Review. She was a law clerk to Judge Edward E. Carnes, U.S. Court of Appeals for the 11th Circuit. Professor Bohannan has published major articles in several journals, including Fordham Law Review, NYU Law Review, Hastings Law Journal, Boston College Law Review, Washington University Law Review, Cardozo Arts & Entertainment Law Journal, and the Maryland Law Review.

Herbert Hovenkamp is the Ben V. & Dorothy Willie Professor of Law at the University of Iowa, where he teaches antitrust law, intellectual property law, real property law, torts, and American legal history. He is a fellow of the American Academy of Arts and Sciences, and recipient of the Justice Department's John Sherman Award for his lifetime contributions to antitrust law. Professor Hovenkamp's principal writings include: Antitrust Law (formerly with the late Phillip E. Areeda and the late Donald F. Turner) (21 vols., 3d ed., 1978-2012); The Antitrust Enterprise: Principle and Execution (2006); Federal Antitrust Policy: The Law of Competition and Its Practice (4th ed., 2011); IP and Antitrust (with Mark D. Janis, Mark A. Lemley and Christopher Leslie) (2 vols., 2d ed., 2010); and Enterprise and American Law, 1836-1937 (1991). He has consulted on numerous antitrust cases for the federal and state governments and private plaintiffs.