Issues

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.

A Toolkit of Policies to Promote Innovation

Innovation is an important route to continued productivity growth in the United States. Tax credits for research and development (R&D) are among the best ways to spur innovation. Evidence as to whether the patent system promotes innovation is inconclusive.

Increasing Diversity in Innovation by Tracking Women, Minority, and Startups: Innovators that Patent and Supporting Experimentation in Inclusive Innovation

The Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018 requires the United States Patent Office (USPTO) to better support women, minorities, and veterans in innovation.

Speech Across Borders

Several courts have ordered online service providers to take down content worldwide. Other rules restrict speech depending on the nationality and location of the speaker. Tech firms also curate content on a global scale.

The Paradox of Source Code Secrecy

Decision-making algorithms are increasingly used in administrative law, as well as in civil and criminal justice, raising due process concerns. Source code is protected from scrutiny by trade secret law.

Prize and Reward Alternatives to Intellectual Property

Some scholars have proposed prize or reward systems to encourage inventors and creators, as an alternative to the current intellectual property system. Designing prize and reward systems is challenging.

Mashups and Fair Use: The Bold Misadventures of the Seussian Starship Enterprise

A book that placed Star Trek characters in illustrations from Dr. Seuss is an unauthorized derivative work under the Copyright Act. The District Court erred in ruling that the book was a “fair use.”

Cost-Plus Patent Damages

Patent holders should not overcharge for their inventions at consumers’ expense. Courts could consider the inventor’s costs and the level of risk undertaken by the inventor in setting the value of patents in disputes.

Licensing and Innovation with Imperfect Contract Enforcement

Weak enforcement of patent license terms might discourage licensor innovation, but encourages licensors to offer lower royalties, lowering consumer prices and promoting innovation by downstream producers.

Standard Setting Organizations and Standard Essential Patents: Voting and Markets

Some observers are concerned that standard setting unfairly benefits the owners of standard essential patents (SEPs). However, standard setting organizations (SSOs) usually choose rules that benefit all.