reference library

/reference library
reference library2018-06-08T14:23:35-07:00

This website features a collection of links to outside resources, many of which were cited in The Captured Economy, for readers interested in learning more about regressive regulation.

To filter the reference library by topic, please use the links on a topic page or open this page on a full-size screen and use the provided menu.

Copyright and the Progress of Science: Why Text and Data Mining Is Lawful

Michael W. Carroll

UC Davis Law Review

2019

This Article argues that U.S. copyright law provides a competitive advantage in the global race for innovation policy because it permits researchers to conduct computational analysis — text and data…
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Demand Shocks, Procurement Policies, and the Nature of Medical Innovation: Evidence from Wartime Prosthetic Device Patents

Jeffrey Clemens, Parker Rogers

NBER

January 2020

We analyze wartime prosthetic device patents to investigate how procurement policy affects the cost, quality, and quantity of medical innovation. Analyzing whether inventions emphasize cost and/or quality requires generating new…
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Medicines and Intellectual Property: 10 Years of the WHO Global Strategy

Germán Velásquez

South Centre

December 2019

The negotiations of the Intergovernmental Working Group on Public Health, Innovation and Intellectual Property (IGWG) (2006-2008), undertaken by the Member States of the World Health Organization (WHO), were the result…
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Economic Perspectives on FRAND

Roya Ghafele

2019

The economic valuation of intellectual property is an area with which IP professionals still need to fully come to grips with. In the context of Standard Essential Patents (SEPs), the…
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Is the Supreme Court’s Patentable Subject Matter Test Overly Ambiguous? An Empirical Test

Jason Reinecke

SSRN

July 2, 2019

In four cases handed down between 2010 and 2014, the Supreme Court articulated a new two-step patent eligibility test that drastically reduced the scope of patent protection for software inventions….
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Prophetic Patents

Janet Freilich

SSRN

June 25, 2018

In most contexts, making up data is forbidden – considered fraudulent, even immoral. Not so in patents. Patents often contain experimental data, and it is perfectly acceptable for these experiments…
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Copyright and Creativity: Evidence from Italian Operas

Michela Giorcelli and Petra Moser

SSRN

May 19, 2019

This paper exploits variation in the adoption of copyright laws – due to idiosyncratic variation in the timing of Napoléon’s military victories – to investigate the causal effects of copyright…
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The Paradoxes of Patenting: Invention and Its Diffusion in 18th- and 19th-Century Britain, France, and North America

Christine MacLeod

Technology and Culture

October 1991

This article deals with a period of transition for most patent systems in Europe and North America, from instruments of royal prerogative power to specialized and statute-based weapons of capitalist…
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Appropriating the Returns from Industrial Research and Development

Richard C. Levin, Alvin K. Klevorick, Richard R. Nelson, Sidney G. Winter

Brookings Papers on Economic Activity

1987

This paper describes the results of an inquiry into appropriability conditions in more than one hundred manufacturing industries. We discuss how this information has been and might be used to…
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The Changing Structure of American Innovation: Some Cautionary Remarks for Economic Growth

Ashish Arora, Sharon Belenzon, Andrea Patacconi, and Jungkyu Suh

NBER

May 2019

A defining feature of modern economic growth is the systematic application of science to advance technology. However, despite sustained progress in scientific knowledge, recent productivity growth in the U.S. has…
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Trends in Prices of Popular Brand-Name Prescription Drugs in the United States

Nathan E. Wineinger, Yunyue Zhang, and Eric J. Topol

JAMA Network

May 31, 2019

High and continually increasing pharmaceutical drug spending is a major health and health policy concern in the United States.This economic evaluation of drug prices focuses on 49 top-selling brand-name medications…
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Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests

Secretary’s Advisory Committee on Genetics, Health, and Society

Department of Health and Human Services

April 2010

In keeping with our mandate to provide advice on the broad range of policy issues raised by the development and use of genetic technologies as well as our charge to…
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The Uneasy Case for Software Copyrights Revisited

Pamela Samuelson

The George Washington Law Review

September 2011

Forty years ago, Justice Stephen Breyer expressed serious doubts about the economic soundness of extending copyright protection to computer programs in his seminal article, The Uneasy Case for Copyright. A…
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Aiming for the Goal: Contribution Dynamics of Crowdfunding

Joyee Deb, Aniko Oery, and Kevin R. Williams

NBER

May 2019

We study reward-based crowdfunding campaigns, a new class of dynamic contribution games where consumption is exclusive. Two types of backers participate: buyers want to consume the product while donors just…
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Intellectual Property Law and the Right to Repair

Leah Chan Grinvald and Ofer Tur-Sinai

Fordham Law Review

May 2019

In recent years, there has been a growing push towards state legislation that would provide consumers with a “right to repair” their products. Currently 18 states have pending legislation that…
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Intellectual Property in the New Technological Age: 2017 – Chapters 1 and 2

Peter S. Menell, Mark A. Lemley, Robert P. Merges

UC Berkley Law School

2017

“The 2017 Edition reflects the following principal developments: Trade Secrets: Congress passed the Defend Trade Secrets Act of 2016, one of the most momentous changes in the history of trade…
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The Patent Troll: Benign Middleman or Stick-Up Artist?

David S. Abrams, Ufuk Akcigit, Gokhan Oz, and Jeremy G. Pearce

NBER

March 2019

How do non-practicing entities (“Patent Trolls”) impact innovation and technological progress? Although this question has important implications for industrial policy, little direct evidence about it exists. This paper provides new…
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Creativity Under Fire: The Effects of Competition on Creative Production

Daniel P. Gross

NBER

September 2018

Though fundamental to innovation and essential to many industries and occupations, individual creativity has received limited attention as an economic behavior and has historically proven difficult to study. This paper…
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Intellectual Property Laws: Wolves in Sheep’s Clothing

Brink Lindsey and Steven Teles

Pro-Market

September 15, 2017

In the rogues’ gallery of regulatory rent-seeking, copyright and patent laws are the wolves in sheep’s clothing. According to the ingenious and highly effective rhetoric of their beneficiaries and supporters,…
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The Access to Knowledge Mobilization and the New Politics of Intellectual Property

Amy Kapczynski

Yale Law Journal

2008

Intellectual Property law was once an arcane subject. Today it is at the center of some of the most highly charged political contests of our time. In recent years, college…
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From Revolving Doors to Regulatory Capture? Evidence from Patent Examiners

Haris Tabakovic and Thomas G. Wollmann

NBER

May 2018

Many regulatory agency employees are hired by the firms they regulate, creating a “revolving door” between government and the private sector. We study these transitions using detailed data from the…
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Disclosure and Subsequent Innovation: Evidence from the Patent Depository Library Program

Jeffrey L. Furman, Markus Nagler, and Martin Watzinger

NBER

May 2018

How important is information disclosure through patents for subsequent innovation? Although disclosure is regarded as essential to the functioning of the patent system, legal scholars have expressed considerable skepticism about…
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Academics’ Motives, Opportunity Costs and Commercial Activities Across Fields

Wesley M. Cohen, Henry Sauermann, and Paula Stephan

June 2018

Scholarly work seeking to understand academics’ commercial activities often draws on abstract notions of the institution of science and of the representative scientist. Few scholars have examined whether and how…
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Volition Has No Role to Play in Determining Copyright Infringements

Randolph J. May and Seth L. Cooper

The Free State Foundation

September 2019

Historically, and consistently, direct copyright infringement has been understood to be a strict liability tort. Unfortunately, some recent lower court decisions addressing infringement of copyrighted content on online platforms could…
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How Many Life-Years Have New Drugs Saved? A 3-Way Fixed-Effects Analysis of 66 Diseases in 27 Countries, 2000-2013

Frank R. Lichtenberg

NBER

January 2019

“We analyze the role that the launch of new drugs has played in reducing the number of years of life lost (YLL) before 3 different ages (85, 70, and 55)…
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Copying in Patent Law

Christopher Anthony Cotropia and Mark A. Lemley

North Carolina Law Review

June 2009

Patent law is virtually alone in intellectual property (IP) in punishing independent development. To infringe a copyright or trade secret, defendants must copy the protected IP from the plaintiff, directly…
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Crafting Intellectual Property Rights: Implications for Patent Assertion Entities, Litigation, and Innovation

Josh Feng and Xavier Jaravel

American Economic Journal

September 13, 2016

We show that examiner-driven variation in patent rights leads to quantitatively large impacts on several patent outcomes, including patent value, citations, and litigation. Notably, Patent Assertion Entities (PAEs) overwhelmingly purchase…
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Overpatented, Overpriced

i-Mak

February 2019

This report analyzes the twelve best selling drugs in the United States and reveals that drugmakers file hundreds of patent applications – the vast majority of which are granted –…
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From Incentive to Commodity to Asset: How International Law is Reconceptualizing Intellectual Property

Rochelle Cooper Dreyfuss and Susy Frankel

Michigan Journal of International Law

October 2014

Domestic patent, copyright and trademark regimes are traditionally justified on an incentive rationale. While international intellectual property agreements are nominally aimed at harnessing global markets to expand incentives, this article…
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Financing Drug Research: What Are the Issues?

Dean Baker

CEPR

September 22, 2004

The current reliance on patent monopolies is due to the fact that the system is a surviving legacy of the feudal guild system, it is not the result of economic…
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Innovative startup firms and the patent system

Bronwyn Hall

VoxEU

July 19, 2018

Patent protection is assumed to benefit entrepreneurs seeking investment, because patents signal quality and are an asset that can be resold if a startup fails. This column argues that the…
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Who Profits from Patents? Rent-Sharing at Innovative Firms

Patrick Kline, Neviana Petkova, Heidi Williams, and Owen Zidar

NBER

November 2018

This paper analyzes how patent-induced shocks to labor productivity propagate into worker compensation using a new linkage of US patent applications to US business and worker tax records. We infer…
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Annual Intellectual Property Report to Congress

United States Intellectual Property Enforcement Coordinator

Office of the President of the United States

February 2019

The United States government is taking a targeted, practical, and comprehensive approach toward addressing intellectual property policy and strategy. The goal is to ensure a level playing field for American…
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Tax Policy for Innovation

Bronwyn H. Hall

NBER

April 2019

A large number of countries around the world now provide some kind of tax incentive to encourage firms to undertake innovative activity. This paper presents the policy rationale for these…
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Is Intellectual Property the Root of All Evil? Patents, Copyrights, and Inequality

Dean Baker

Center for Economic and Policy Research

October 2018

This paper raises three issues on the relationship between intellectual property and inequality. The first is a simple logical point. Patents, copyrights, and other forms of intellectual property are public…
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Patent Trolls and Startup Employment

Ian Appel, Joan Farre-Mensa, and Elena Simintzi

SSRN

October 17, 2018

We analyze how frivolous patent-infringement claims made by non-practicing entities (NPEs, or “patent trolls”) affect startups’ ability to grow and create jobs, innovate, and raise capital. Our identification strategy exploits…
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Patent Trolls and the Market for Acquisitions

Arash Dayani

SSRN

November 15, 2019

Frivolous patent-infringement claims increase the cost of innovation for small businesses and force them to exit via premature and discounted acquisitions. This study investigates the effect of abusive patent-infringement claims…
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Explaining Criminal Sanctions in Intellectual Property Law

Irina D. Manta

Journal of Law & Innovation

October 29, 2019

This symposium piece first seeks to unpack the relationship between intellectual property infringement and property offenses, and then to understand how the connection between the two has informed when the…
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Worst-case deadweight loss: Theory and disturbing real-world implications

Michael Kremer, Christopher Snyder, Albert Chen

Vox EU

March 26, 2019

The deadweight loss from a monopolist’s not producing at all can be much greater than from charging too high a price. The column argues that the potential for this sort…
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International Intellectual Property Index

Meri Pugatch and David Torstensson

Global Innovation Policy Center

February 8, 2019

“In a remarkably short time viewed in a historical context, the lives of billions of people worldwide have been transformed for the better through innovation and creativity. Intellectual property (IP)…
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In-Text Patent Citations: A User’s Guide

Kevin A. Bryan, Yasin Ozcan, and Bhaven N. Sampat

NBER

April 2019

We introduce, validate, and provide a public database of a new measure of the knowledge inventors draw on: scientific references in patent specifications. These references are common and algorithmically extractable….
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Beyond Patents

Jeffrey Funk

Issues in Science and Technology

Summer 2018

I argue that the growing dominance of patent analysis not only fails to provide valuable and reliable insight into innovation processes, but is a smoke screen that prevents social scientists…
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Schumpeterian Profits and the Alchemist Fallacy Revised

William D. Nordhaus

Yale University

April 2005

The present study examines the importance of Schumpeterian profits in the United States economy. Schumpeterian profits are defined as those profits that arise when firms are able to appropriate the…
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Intellectual property rights affect the pattern of trade

Jenny Lin and William Lincoln

VoxEU

July 6, 2018

Disagreements over intellectual property rights policies have been a major roadblock in recent trade agreement talks, and the issue has also been a pillar of critiques of globalisation. This column…
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Productivity Benefits of Medical Care: Evidence from US-Based Randomized Clinical Trials

Alice J. Chen and Dana P. Goldman

Value in Health

August 2018

One of the key recommendations of the Second Panel on Cost-Effectiveness in Health and Medicine is to take a societal perspective when evaluating new technologies—including measuring the productivity benefits of…
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What Happened to U.S. Business Dynamism?

Ufuk Akcigit and Sina T. Ates

NBER

April 2019

In the past several decades, the U.S. economy has witnessed a number of striking trends that indicate a rising market concentration and a slowdown in business dynamism. In this paper,…
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The Way Forward for Intellectual Property Internationally

Stephen Ezell and Nigel Cory

Information Technology and Innovation Foundation

April 2019

IP rights have come under attack from a loose coalition of academics, nongovernmental organizations, multilateral groups, and others whose opposition threatens to undermine innovation, growth, and progress on key global…
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Generic Drug Entry Priot to Patent Expiration

FTC

July 2002

“This study examines whether the conduct that the FTC challenged represented isolated instances or is more typical, and whether the 180-day exclusivity and the 30- month stay provisions of the…
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A Toolkit of Policies to Promote Innovation

Nicholas Bloom, John Van Reenen, and Heidi Williams

American Economic Association

August 2019

Innovation is the only way for the most developed countries to secure sustainable long-run productivity growth. For nations farther from the technological frontier, catch-up growth is a viable option, but…
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The Same Old Song

Thomas M. Lenard and Lawrence J. White

Regulation

Summer 2018

When Spotify went public earlier this year, the company faced a $1.6 billion lawsuit alleging that it was streaming such hits as Tom Petty’s “Free Fallin’,” the Doors’ “Light My…
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Four Facts Concerning Competition in U.S. Generic Prescription Drug Markets

Rena M. Conti and Ernst R. Berndte

NBER

August 2019

We establish four facts concerning competition among U.S. generic drug suppliers, using IQVIA’s National Sales Perspective™ 2004Q4 – 2016Q3 data. We define a unique product market (“molform”), consisting of the…
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The ‘Article of Manufacture’ in 1887

Sarah Burstein

Berkley Tech Law Journal

October 2016

One of the most important questions in contemporary design patent law is how to interpret the phrase “article of manufacture” in 35 U.S.C. § 289. While there has been much…
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Antitrust and Innovation: Welcoming and Protecting Disruption

Giulio Federico, Fiona Scott Morton, and Carl Shapiro

NBER

June 2019

The goal of antitrust policy is to protect and promote a vigorous competitive process. Effective rivalry spurs firms to introduce new and innovative products, as they seek to capture profitable…
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Contribution of NIH funding to new drug approvals 2010–2016

Ekaterina Galkina Cleary, Jennifer M. Beierlein, Navleen Surjit Khanuja, Laura M. McNamee, and Fred D. Ledley

PNAS

February 2018

This work examines the contribution of NIH funding to published research associated with 210 new molecular entities (NMEs) approved by the Food and Drug Administration from 2010–2016. We identified >2…
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Irrational Ignorance at the Patent Office

Michael D. Frakes and Melissa F. Wasserman

Vanderbilt Law Review

November 13, 2018

There is widespread belief that the Patent Office issues too many bad patents that impose significant harms on society. At first glance, the solution to the patent quality crisis seems…
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Standing on the Shoulders of Science

Monika Schnitzer and Martin Watzinger

CEPR

May 2019

The goal of science is to advance knowledge, yet little is known about its value for marketplace inventions. While important breakthrough technologies could not have been developed without scientific background,…
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Patent Examiner Specialization

Cesare Righi and Timothy Simcoe/p>

NBER

October 2017

We study the matching of patent applications to examiners at the U.S. Patent and Trademark Office. Using test statistics originally developed to identify industry agglomeration, we find strong evidence that…
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Procrastination in the Workplace: Evidence from the U.S. Patent Office

Michael D. Frakes and Melissa F. Wasserman

NBER

January 2017

Despite much theoretical attention to the concept of procrastination and much exploration of this phenomenon in laboratory settings, there remain few empirical investigations into the practice of procrastination in real…
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Decreasing the Patent Office’s Incentives to Grant Invalid Patents

Michael D. Frakes and Melissa F. Wasserman

The Hamilton Project

December 13, 2017

There is general agreement that the U.S. Patent and Trademark Office is issuing too many invalid patents that are unnecessarily reducing consumer welfare, stunting productive research, and discouraging innovation. In…
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How Extra-Copyright Protection of Databases Can Be Constitutional

Justin Hughes

University of Dayton Law Review

2003

Following the Supreme Court’s 1991 Feist decision, intellectual property and Constitutional law scholars have debated whether extra-copyright protection of databases can be established by Congress under its Commerce Clause power….
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Fair Use Across Time

Justin Hughes

UCLA Law Review

2003

This Article proposes that, as a copyright work ages, the scope of fair use, especially as to derivative works and uses, should expand. This is because the “market” for a…
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Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence from Micro-level Application Data

Michael D. Frakes and Melissa F. Wasserman

NBER

December 2014

We explore how examiner behavior is altered by the time allocated for reviewing patent applications. Insufficient examination time may hamper examiner search and rejection efforts, leaving examiners more inclined to…
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Software R&D: Revised Treatment in U.S. National Accounts and Related Trends in Business R&D Expenditures

Francisco Moris

National Science Foundation

April 29, 2019

Research and development in software contributes to emerging research, investment, and economic policy areas, such as artificial intelligence, information and communication technologies (ICT), and the digital economy. Accordingly, software R&D…
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Of World Music and Sovereign States, Professors and the Formation of Legal Norms

Justin Hughes

Loyola University Chicago Law Journal

2003

Let us consider three ways in which legal academics may have missed the mark. The first, discussed in Part II, bears on the formation of copyright norms for the Internet…
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Copyright Enforcement: Evidence from Two Field Experiments

Hong Luo and Julie Holland Mortimer

Journal of Economics & Management Strategy

September 30, 2016

Effective dispute resolution is important for reducing private and social costs. We study how resolution responds to changes in price and communication using a new, extensive data set of copyright…
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Does the U.S. Patent and Trademark Office Grant Too Many Bad Patents?: Evidence From a Quasiexperiement

Michael D. Frakes and Melissa F. Wasserman

Notre Dame Law Review

2015

Many believe the root cause of the patent system’s dysfunction is that the U.S. Patent and Trademark Office (PTO or Agency) is issuing too many invalid patents that unnecessarily drain…
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On the Logic of Suing One’s Customers and the Dilemma of Infringement-Based Business Models

Justin Hughes

Cardozo Arts & Entertainment Law Journal

2005

Before mid-2003, the recording industry’s legal attack against peer-to-peer (P2P) systems was limited to the purveyors of P2P. End users were left untouched, the conventional wisdom being that it’s not…
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The Paper Trail of Knowledge Spillovers: Evidence from Patent Interferences

Ina Ganguli, Jeffrey Lin, and Nicholas Reynolds

Federal Reserve Bank of Philidelphia

January 2019

We show evidence of localized knowledge spillovers using a new database of U.S. patent interferences terminated between 1998 and 2014. Interferences resulted when two or more independent parties submitted identical…
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Global Intellectual Property (IP) Litigation Risk Research Report

Willis Towers Watson

July 24, 2018

In the U.S. alone, an average of 12,000 intellectual property (IP) cases are filed in federal court each year; to put that into context, each year there are approximately 6,400…
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Size Matters (or Should) in Copyright Law

Justin Hughes

Fordham Law Review

2005

American copyright law has a widely recognized prohibition against the copyrighting of titles, short phrases, and single words. Despite this bar, effective advocacy has often pushed courts into recognizing independent…
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Economics of the Pharmaceutical Industry

Darius N. Lakdawalla

Journal of Economic Literature

June 2018

The pharmaceutical industry accounts for a substantial chunk of the US economy’s research and development investments, which have resulted in significant medical breakthroughs. At the same time, the costs of…
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When Biopharma Meets Software: Bioinformatics at the Patent Office

Saurabh Vishnubhakat & Arti K. Rai

Harvard Journal of Law & Technology

January 2015

Scholars have spilled much ink questioning patent quality. Complaints encompass concern about incoming applications, examination by the U.S. Patent and Trademark Office (“USPTO”), and the USPTO’s ultimate output. The literature…
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Copyright and Incomplete Historiographies: Of Piracy, Propertization, and Thomas Jefferson

Justin Hughes

Southern California Law Review

2006

This article describes how historical claims frequently made in arguments about the propertization of copyright are incomplete, focusing on three examples: that intellectual property is a much older phrase than…
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Beyond the Patents-Prizes Debate

Daniel Jacob Hemel and Lisa Larrimore Ouellette

Texas Law Review

April 2013

Intellectual property scholars have vigorously debated the merits of patents versus prizes for encouraging innovation, with occasional consideration of government grants. But these are not the only options. Perhaps most…
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The Idiosyncrasy of Patent Examiners: Effects of Experience and Attrition

Ronald J. Mann

Columbia Law Review

2014

In recent years, problems with the U.S. patent system have garnered attention from scholars and policymakers of all types. Concerns about the competitiveness of U.S. industry undergird worries that the…
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Created Facts and the Flawed Ontology of Copyright Law

Justin Hughes

Notre Dame Law Review

2007

It is black letter doctrine in copyright law that facts are not copyrightable: facts are discovered, not created – so they will always lack the originality needed for copyright protection….
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Copyright and Its Rewards, Foreseen and Unforeseen

Justin Hughes

Harvard Law Review Forum

2009

The Harvard Law Review rarely publishes articles on copyright law, so there was considerable buzz among intellectual property academics when the Review accepted a piece from a young scholar who…
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Expired Patents, Trade Secrets, and Stymied Competition

W. Nicholson Price

Notre Dame Law Review

December 22, 2016

Patents and trade secrecy have long been considered substitute incentives for innovation. When inventors create a new invention, they traditionally must choose between the two. And if inventors choose to…
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“Forced Technology Transfer” Policies: Workings in China and Strategic Implications

Dan Prud'homme, Max von Zedtwitz, Joachim Jan Thraen, and Martin Bader

Technology Forecasting and Social Change

September 2018

This paper evaluates the ability of “forced technology transfer” (FTT) policies – i.e., policies meant to increase foreign-domestic technology transfer that simultaneously weaken appropriability of foreign innovations – to contribute…
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Irdeto Global Consumer Piracy Survey

Irdeto Global

2017

A battle is waging in the media & entertainment industry. No longer is it only legal offerings competing against each other for market share, they now face a formidable foe…
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Locke’s 1694 Memorandum (and More Incomplete Copyright Historiographies)

Justin Hughes

Cardozo Arts & Entertainment Law Journal

2010

This is a reproduction of John Locke’s 1694(-5) memorandum opposing renewal of the Licensing Act, along with a short introduction. In the memorandum, Locke strongly attacks the monopoly held by…
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A Short History of Intellectual Property’ in Relation to Copyright

Justin Hughes

Cardozo Law Review

2012

Following work published in 2006, this article explores the history of the phrase ‘intellectual property’ as it was used in the 19th century and early 20th century by jurists speaking…
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Can Patents Deter Innovation? The Anticommons in Biomedical Research

Michael A. Heller and Rebecca S. Eisenberg

Science

May 1, 1998

The “tragedy of the commons” metaphor helps explain why people overuse shared resources. However, the recent proliferation of intellectual property rights in biomedical research suggests a different tragedy, an “anticommons”…
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The Photographer’s Copyright – Photograph as Art, Photograph as Database

Justin Hughes

Harvard Journal of Law and Technology

2012

This Article explores the interaction between copyright law and photography, the 19th century technological development that most challenged copyright’s conceptual underpinnings. Prior to this article, neither courts nor commentators have…
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Expired Patents

Saurabh Vishnubhakat

Catolic University Law Review

April 22, 2014

This article presents a comprehensive empirical description of the public domain of technologies that have recently passed out of patent protection. From a new dataset of over 300,000 patents that…
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Traditional Knowledge, Cultural Expression, and the Siren’s Call of Property

Justin Hughes

San Diego Law Review

2013

This paper was presented at a symposium at the University of San Diego in 2012. After providing a brief historical review of international efforts to establish intellectual property rights over…
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Understanding (and Fixing) the Right of Fixation in Copyright Law

Justin Hughes

Journal of the Copyright Society of the USA

2015

In 1994, the United States established laws prohibiting the making and distribution of “bootleg” recordings of live music concerts. While strongly criticized by many commentators, these provisions establishing a “right…
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The Copyright Divide

Peter K. Yu

MSU-DCL Public Law Research Paper

October 2003

Most recently, the recording industry filed 261 lawsuits against individuals who illegally downloaded and distributed a large amount of music via peer-to-peer file-sharing networks, such as KaZaA, Grokster, iMesh, and…
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Motion Pictures, Markets, and Copylocks

Justin Hughes

George Mason Law Review

2016

This article discusses what has arguably been the world’s greatest naturally occurring experiment in cultural production without copyright: the burgeoning audiovisual industry of Nigeria, aka “Nollywood.” Although Nigeria has a…
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Fair Use and Its Politics – At Home and Abroad

Justin Hughes

Loyola-LA Legal Studies Paper

2015

The manuscript explores how U.S. fair use – a “standard” in a world of statutory copyright rules – has become an arena of ideological struggle over IP policy. At the…
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Policy Levers in Patent Law

Mark A. Lemley and Dan L. Burk

Virginia Law Review

August 7, 2003

The patent statute creates a general set of legal rules that govern a wide variety of technologies. With only a few exceptions, the statute does not distinguish between different technologies…
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Copyright and Distributive Justice

Justin Hughes and Robert P. Merges

Notre Dame Law Review

2017

Is our copyright system basically fair? Does it exacerbate or ameliorate the skewed distribution of wealth in our society? Does it do anything at all for disempowered people, people at…
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Coming in from the Cold: A Safe Harbor from the CFAA and the DMCA §1201 for Security Researchers

Daniel Etcovitch and Thyla van der Merwe

Berkman Klein Center

October 20, 2017

We propose a statutory safe harbor from the CFAA and DMCA §1201 for security research activities. Based on a responsible disclosure model in which a researcher and vendor engage in…
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The Basics Matter: At the Periphery of Intellectual Property

F. Scott Kieff and Troy A. Paredes

Stanford Law and Economics Olin Working Paper

February 2004

Controversies often arise at the interfaces where intellectual property (“IP”) law meets other topics in law and economics, such as property law, contract law, and antitrust law. Participants in the…
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The Football as Intellectual Property Object

Michael J. Madison

University of Pittsburgh Legal Studies Research Paper

November 28, 2017

The histories of technology and culture are filled with innovations that emerged and took root by being shared widely, only to be succeeded by eras of growth framed by intellectual…
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Valuing Intellectual Property: An Experiment

Christopher Buccafusco and Christopher Jon Sprigman

Cornell Law Review

March 11, 2010

In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to…
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Creativity and Culture in Copyright Theory

Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

2007

Creativity is universally agreed to be a good that copyright law should seek to promote, yet copyright scholarship and policymaking have proceeded largely on the basis of assumptions about what…
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Copyright Infringement in the Market for Digital Images

Hong Luo and Julie Holland Mortimer

American Economic Association

May 2016

Digital technologies for sharing creative goods create new opportunities for copyright infringement and challenge established enforcement methods. We establish several important facts about the nature of copyright infringement and efforts…
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Infringing Use as a Path to Legal Consumption: Evidence from a Field Experiment

Infringing Use as a Path to Legal Consumption: Evidence from a Field Experiment

NBER

January 2019

Copyright infringement may result from frictions preventing legal consumption, but may also reveal demand. Motivated by this fact, we run a field experiment in which we contact firms that are…
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Dematerialization, Pragmatism and the European Copyright Revolution

Jonathan Griffiths

Oxford Journal of Legal Studies

July 9, 2013

Over the last three centuries, a particular model of copyright law has evolved in the United Kingdom. Under this “dematerialised” model, the law’s attention is directed towards an immaterial, malleable…
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