Intellectual Property

Intellectual Property Rights and Innovation: Evidence from the Human Genome

Intellectual property (IP) is intended to encourage innovation. For two years, Celera held exclusive IP rights to data about some human genes. During this time, other firms reduced research and development (R&D) related to these genes from 20-30%. These effects persisted for years after.

Growth Through Heterogeneous Innovations

A firm’s size affects its choice of innovation strategy. A new economic model of innovation helps explain the tendency of new entrants and incumbent producers to innovate differently, and their differing effects of economic growth.

Why Incentives For "Patent Holdout" Threaten to Dismantle FRAND, And Why It Matters

Some favor manufacturers over innovators in disputes over licensing terms for standard-essential patents (SEPs). But manufacturers and innovators should receive reciprocal benefits from their commitment to licensing the SEPs. Manufacturers have a duty to negotiate in good faith.

Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement

Copyright law protects the expressive elements of created works, but not the work’s function. But expressive elements of software programs are hard to distinguish from functional elements. Elements needed to interoperate with other programs should not be protected by copyright.

Patent Assertion Entities and Competition Policy

Firms that own and license patents but do not produce anything are known as patent assertion entities (PAE), or patent trolls. PAE can harm competition and innovation. This book collects studies of PAEs and competition policy from the United States, China, Korea, and Europe.

Intellectual Property: A Very Short Introduction

Intellectual property (IP) law includes copyright, patent, trademark, and trade secret law. Some scholars advocate revisiting and reforming fundamental principles of IP law, because it can be overly complex, raise prices, and restrict free expression and innovation.

Strategies for Discerning the Boundaries of Copyright and Patent Protections

Copyright law protects works of authorship, and utility patent law protects technological designs. Products like toys and software are sometimes eligible for both types of protection. Courts resist extending copyright and design patent protection simultaneously.

FRAND (And Industrial Policy) in China

Some patents must be licensed under fair, reasonable, and non-discriminatory (FRAND) terms. China’s Anti-Monopoly Law (AML) empowers Chinese authorities to decide cases involving such licenses. Because the Chinese economy is so large, Chinese decisions will affect licensing worldwide.

How Do Patents Affect Research Investments?

Do patents benefit society by spurring innovation, or just enable some firms to profit? So far, the evidence does not show that disclosure of inventions in the patent process or stronger patent protection spur innovation. More research is needed.

FRAND in India

Some patents must be licensed on fair, reasonable, and non-discriminatory (FRAND) terms. In India, both the Competition Commission of India (CCI) and the courts have decided FRAND disputes. The CCI’s decisions lack detail and adopt different rules than the courts.