Issues

Intellectual Property

Intellectual property (IP) rights help creators limit who uses their work without giving value in return. This protection encourages innovation in thought and expression. Academics featured on this site research topics such as open source licensing, digital rights management, patent reform, IP and technical standards, trademarks, and trade secrets.

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TAP Blog

A new paper by Santa Clara University’s Eric Goldman and Northeastern Law’s Jessica Silbey provides a roadmap to distinguish the legitimate and illegitimate bases for protecting privacy via copyright.
In honor of World IP Day, TAP highlights a few of the articles and scholars that examine intellectual property technology-policy issues.
In “Patent Pool Outsiders,” Maurer School of Law professor Michael Mattioli examines the impact of ‘outsiders’ on patent pools and finds that partial cooperation on license agreements may be better than complete cooperation.
MIT economics professor Heidi Williams reviews recent US Supreme Court rulings on patent eligibility and presents her rigorous empirical research on the question: do patents impede or encourage innovation?
Santa Clara University law professor Eric Goldman examines a paradox presented in the Defend Trade Secrets Act (DTSA): while the DTSA provides an important development in intellectual property law, the statute says it “shall not be construed to be a law pertaining to intellectual property for purposes of any other Act of Congress.”
Professor Colleen Chien has been recognized by the American Law Institute due to her “work in intellectual property law [that] has already helped shape governmental policy around innovation.”
Cornell law professor James Grimmelmann provides an overview of Judge Gorsuch’s opinions from IP and Internet law cases. Justice Neil Gorsuch is President Trump’s nominee for the U.S. Supreme Court.
Eric Goldman, Professor of Law at Santa Clara University, provides a look back at the events that had the greatest impact on Internet law.
Law Professor James Grimmelmann, Cornell Tech and Cornell Law School, shares insights from a symposium on computer-authored works.
Professor Pamela Samuelson, University of California, Berkeley, explains why Google’s win in the Oracle v. Google case is valuable for all software developers as well as the general public.
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Fact Sheets

Piracy and IP Enforcement

In the context of technology, “piracy” is a colloquial term for the illegal copying of copyrighted works. The related problem of counterfeiting is the illegal reproduction of patented or trademarked products.

Quote

Changing U.S. Patent Policy on Tech Standards Stirs Concerns

"The best way to resolve this issue is not to change policy approaches." — Mark Lemley, Professor of Law, Stanford University

Mark Lemley
Bloomberg Law
December 26, 2018

Featured Article

How Does the Use of Trademarks by Third-Party Sellers Affect Online Search?

This paper examines the effects of trademark use in advertisements by third-party resellers.

By: Lesley Chiou, Catherine Tucker