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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

For two days in June of 2010, sixteen scholars and practitioners discussed topics such as barriers to efficient licensing, remedies for unlicensed use, and the limits of contractual solutions to licensing problems. Video and podcasts are now available from the Licensing of Intellectual Property conference.
While the U.S. Senate is in recess, review a few of the hearings held this past session on antitrust, patents, and intellectual property.
In an article in the Financial Times, Richard Epstein explains the impact of the Bilski v. Kappas decision that was handed down by the U.S. Supreme Court earlier this summer.
Jonathan Zittrain, Harvard Law School, discusses the recent exemptions to the Digital Millennium Copyright Act on NPR’s “On the Media.” Excerpts and link to the show’s segment available.
Podcast of public radio station discussion to understand the consequences of US District Court decision to strike down patents on two genes linked to breast and ovarian cancer.
TAP academics have written extensively on patent issues. Here are key articles that explore a few patent issues: the impact on innovation; proposed changes to existing patent law; and the nuances of software patents.
Copyright @ 300: Looking Back at The Statute of Anne and Looking Forward to the Challenges of the Future -- Audio and slides are now available from the conference.
Jacques Cremer of the Toulouse Network for Information Technology (TNIT) interviewed Josh Lerner this past December. They discussed Professor Lerner’s thoughts on the challenges of innovation over the next few years, patent reform, and his new book, “Boulevard of Broken Dream.”
This edition of IP Colloquium sets out to understand the first sale doctrine, tracing its public policy justifications and comparing copyright's approach to that of antitrust.
Lawrence Lessig's talk will explore copyright in a digital age, and the importance of a doctrine like fair use for free expression on the Internet.
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Fact Sheets

Software Patents

A patent provides an exclusive legal right to an invention for a limited period of time, in exchange for public disclosure of that innovation. As with other property rights, patents may be sold, transferred, or licensed for a third party’s use.

Quote

Waymo Sues State DMV to Keep Robotaxi Safety Details Secret

“Corporate and government actors have pushed to transform the law of trade secrecy into one of the most — if not the most — powerful tools to ensure concealment of information.” — Sonia Katyal, Professor of Law, UC Berkeley

Sonia Katyal
Los Angeles Times
January 28, 2022

Featured Article

How Innovative Are Innovations? A Multidimensional, Survey-Based Approach

Innovation can be difficult to measure, and some major technical advances have less impact on social welfare than expected. Surveys of innovation should consider five key factors in assessing the importance of an innovation.

By: Wesley Cohen, John P. Walsh, You-Na Lee