Title
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Author
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Year
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Intellectual Property in the New Technological Age: 2016 - Chapters 1 and 2
These chapters of Intellectual Property in the New Technological Age: 2016 examine the justifications for intellectual property (IP) law, which includes trade secret, copyright, patent, and trademark law. Trade Secret law protects information used by a business from misappropriation.
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Mark Lemley, Peter Menell, Robert Merges |
2016 |
Reconceptualizing Copyright's Merger Doctrine
The “Merger Doctrine” is a defense to a charge of copyright infringement. Some ideas can only be expressed a certain way; courts say that the idea merges with the author’s choice of expression. Merger is important in many cases, including those involving software and depictions of nature.
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Pamela Samuelson |
2016 |
Beyond Eureka: What Creators Want (Freedom, Credit, and Audiences) and How Intellectual Property Can Better Give It to Them (by Supporting Sharing, Licensing, and Attribution)
Intellectual property (IP) law gives creators the right to stop others from using their created works. But IP law may fail to support creators’ achievement of goals such as creative freedom, proper attribution, and sharing.
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Colleen Chien |
2016 |
Intangible but Bankable
Intangible assets like patents are hard for investors to evaluate. But startups developing medical devices, semiconductors, and software had have surprising success obtaining venture capital loans secured by intangible assets like patents.
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Rosemarie Ziedonis, Carlos J. Serrano, Yael Hochberg |
2015 |
How Do Patents Affect Follow-on Innovation? Evidence from the Human Genome
Most innovation builds on earlier inventions. Some are concerned that patents on discoveries like human genes discourage later research relating to those genes. The evidence does not support the view that patenting of human genes either hinders or encourages follow-on research.
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Bhaven N. Sampat, Heidi Williams |
2015 |
The Audience in Intellectual Property Infringement
Each intellectual property (IP) regime (patent, copyright, design patent, and trademark) defines infringement differently. To find infringement, courts should require that the copy be technically similar to the original and that the sale of the copy affects the market for the original.
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Mark Lemley, Jeanne Fromer |
2014 |
Disclosing Big Data
Firms that collect big data rarely disclose their methods for doing so. Because of lack of disclosure, others will not trust the data enough to use it. Trade secret, patent, and copyright laws do not encourage the disclosure of big data methods.
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Michael Mattioli |
2014 |
Standard-Essential Patents
This paper proposes a solution to the problem of inefficient license pricing for patents included in standards.
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Josh Lerner, Jean Tirole |
2014 |
Perspectives on Patentable Subject Matter
Commentators disagree as to whether some new ideas should be eligible for patent protection. Protection for business methods, software, methods for treating and diagnosing disease, and DNA is controversial. However, a rule that such technologies can never be patented might not be workable.
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F. Scott Kieff, James Daily, Michael B. Abramowicz |
2014 |
The Idiosyncrasy of Patent Examiners: The Effects of Experience and Attrition
The quality of patents in the United States might be declining. As a patent examiner gains experience, the quality of patents she grants falls. But the quality of patents granted by “careerist” patent examiners with a long tenure in office is much higher.
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Ronald J. Mann |
2014 |