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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

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

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

Extended Collective Licensing to Enable Mass Digitization: A Critique of the U.S. Copyright Office Proposal

The Copyright Office has proposed that an extended collective license (ECL) be created to allow mass digitization of some copyrighted works. For several reasons, the Copyright Office plan is not workable.

By: Pamela Samuelson