But at the the Federal Trade Commission, the future of competition and intellectual-property policy is going through a rigorous assessment. The FTC and the Justice Department are conducting public hearings on how to manage issues that arise at the crucial intersection of antitrust and IP law and policy.

Few people recognize the special role of the FTC in conducting hearings and providing reports to Congress and to the public. Congress initially envisioned the FTC as an expert body to provide advice on difficult issues of competition law and policy. The commission's oversight led to the enactment of a large part of the current U.S. regulatory structure for strategic markets.

Everyone recognizes that the essential spur to economic growth in today's high-tech economy is the protection of IP rights. Much economic growth can be attributed to the stronger system of U.S. IP protection.

But critics charge that the Patent and Trademark Office appears occasionally to rubber stamp patent applications. As FTC chairman Timothy Muris has noted, "If the patent review process is too permissive-[if] patents are granted too easily for trivial or nonexistent improvements that do not meet statutory requirements for patentability-competition through entry and expansion by others may be impeded."

Others have suggested that broadening both the number and scope of patents has effectively created "patent thickets" that make it difficult for rival inventors to sell competing products without cross licensing. Still others have questioned the clarity of the law regarding the ability of an IP holder to refuse to license its technology.

The FTC hearings will focus on real-world experiences in such industries as semiconductors, software and biotechnology. The final product will probably be a report identifying the issues in the IP debate.

These are not simple conflicts to resolve. But by attempting to provide empirical information about what is happening in the marketplace, the FTC will provide a foundation for addressing policy questions through legislation, administrative reform and/or enforcement actions.

David Balto is a Washington IP attorney and former policy director of the FTC's Bureau of Competition.