Issues

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

Professor Eric Goldman, Santa Clara High Tech Law Institute, offers his recap of the top Internet Law developments of 2014.
TAP guest blogger Professor Dan Nabel offers his list of the “Top 10” fair use cases from 2014.
Harvard Business School professor Josh Lerner shares insights from his work with Professor Jean Tirole of Toulouse University on the economics of knowledge sharing and knowledge sharing organizations.
Law professor Michael Mattioli examines the connection between big data and intellectual property law, and asks how—or if—IP law can adequately protect investments in big data.
Law professor Eric Goldman, Santa Clara High Tech Law Institute, explains the court’s ruling that a verb usage of a trademark doesn’t automatically undermine trademark protection.
Professor Joshua Gans, Rotman School of Management, discusses a new paper by Bhaven Sampat and Heidi Williams that measures the impact of patents on follow-on innovations.
Professor Daniel Sokol, Levin College of Law, shares highlights from his recent participation in two Asia antitrust events: the ABA Antitrust in China program and a conference on antitrust and intellectual property rights with the new China-Korea Market & Regulation Law Center.
Last month, the Berkeley Center for Law & Technology gathered together scholars, policymakers, and interested stakeholders to consider what changes would make the next copyright act truly great. Consensus has been building that the Copyright Act of 1976 needs an overhaul to better resolve the challenges posed by emergent technologies. A recap of “The Next Great Copyright Act” symposium is provided by Patrick Goold.
Professor Joshua Gans, Rotman School of Management, discusses the rise of the game 2048 very closely on the heels of a similar game called, Threes. He examines the desire by Threes’ creators for acknowledgment of their app development by those who follow with imitations.
Professor James Grimmelmann, University of Maryland, explains why he wrote an amicus brief (with David Post) arguing that Aereo should win its Supreme Court case. Aereo is a startup that lets users stream or record live broadcast TV content.
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Fact Sheets

Piracy and IP Enforcement

In the context of technology, “piracy” is a colloquial term for the illegal copying of copyrighted works. The related problem of counterfeiting is the illegal reproduction of patented or trademarked products.

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 Does the Use of Trademarks by Third-Party Sellers Affect Online Search?

This paper examines the effects of trademark use in advertisements by third-party resellers.

By: Lesley Chiou, Catherine Tucker