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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

Key insights from a panel discussion on patent eligibility and patentable subject matter. This is the first report in a 7-part series of posts from the 16th Annual Advanced Patent Law Institute: Silicon Valley.
This post introduces a 7-part series of reports from The 16th Annual Advanced Patent Law Institute: Silicon Valley.
Northeastern University law professor Andrea Matwyshyn debates hypothetical law cases of the future that are based on the assumed evolution of current technologies.
Professors Jacques Crémer and Josh Lerner discuss Jean Tirole’s “remarkable set of contributions to economics.” Jean Tirole received the 2014 Nobel Prize in Economics.
Santa Clara University law professor Colleen Chien shares her findings from surveying hundreds of startups that have been approached with patent demands.
Professor Jay Pil Choi and Professor Carl Shapiro have recently released separate papers that examine patent litigation through non-practicing entities, patent-assertion entities, and standard-essential patents.
The 13th Annual International Industrial Organization Conference will cover topics as diverse as the economics of online privacy, competitive effects of regulation, patent troll litigation strategies, and competition in hospital premiums. TAP scholars Jay Pil Choi and James Rebitzer will be participating.
Professor Daniel Spulber, Kellogg School of Management at Northwestern University, examines two pieces of patent legislation, The Innovation Act (H.R.9) and the STRONG Patents Act (S.632). Professor Spulber shows that one threatens to weaken the patent system while the other one could strengthen it.
Professor Daniel Spulber, Northwestern University, states that if the “INNOVATION ACT” (H.R. 9) is enacted, “by weakening patents’ enforceability, the proposed legislation will harm income, employment, and economic growth.”
Economists Glen Weyl and Jean Tirole investigate systems for rewarding innovation in their article, “Market Power Screens Willingness-to-Pay.” Professor Weyl shares his experiences of collaborating with Professor Tirole, the 2014 Nobel Prize winner in Economic Science.
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Fact Sheets

Patent Reform

A patent is an exclusive legal right to own and market an invention or improvement for a limited period of time, in exchange for public disclosure of the invention.

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

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.”

By: Peter Menell, David Nimmer, Shyamkrishna Balganesh