All Article Summaries
These article summaries are written by TAP staff members. TAP’s purpose for this section of the site is to present information, points of view, research, and debates.
Large firms have an advantage in innovation. A new model shows that large firms are better at commercializing new inventions. The advantage is less in sectors where innovators can easily license technologies to other firms.
Sequential Uses of Copyrighted Materials: Transforming the Transformative Use Doctrine in Andy Warhol Foundation v. Lynn Goldsmith
The case of Andy Warhol Foundation v. Lynn Goldsmith arose when one artist’s copyrighted work was used to create a second artist’s work. The key factor is the effect of the alleged infringement on the value of the first work.
Some antitrust policymakers are recognizing the importance of innovation competition, including nonprice competition and technological change. Antitrust policymakers must update their analysis to avoid errors.
Traditional methods of estimating returns to research and development (R&D) ignore gains from selling or licensing intellectual property. Counting these gains shows they are an important source of returns to R&D.
Traditionally, trade secret law protected innovations from misappropriation by departing employees. Now, however, trade secret claims are often used to conceal information of public concern.
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.
Some are concerned that patents for complex innovations give rise to problems such as royalty stacking or patent thickets. However, empirical data shows that patent pools and negotiation of patent licenses tend to eliminate these concerns.