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.

Crisis-Critical Intellectual Property: Findings From the COVID-19 Pandemic

Frank Tietze, Pratheeba Vimalnath, Leonidas Aristodemou, and Jenny Molloy

IEEE Transactions on Engineering Management

June 18, 2020

A pandemic calls for large-scale action across national and international innovation systems in order to mobilize resources for developing and manufacturing crisis-critical products efficiently and in the huge quantities needed….
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Technology Diffusion

Nancy Stokey

NBER

July 2020

The importance of new technologies derives from the fact that they spread across many different users and uses, as well as different geographic regions. The diffusion of technological improvements, across…
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Market Effects Bearing on Fair Use

Jeanne C. Fromer

SSRN

June 29, 2015

Copyright law, which promotes the creation of cultural and artistic works by protecting these works from being copied, excuses infringement that is deemed to be a fair use. Whether an…
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Insurance Design and Pharmaceutical Innovation

Leila Agha, Soomi Kim, and Danielle Li

NBER

July 2020

This paper studies how insurance coverage policies affect incentives for pharmaceutical innovation. In the United States, the majority of drugs are sold to Pharmacy Benefit Managers (PBMs), which administer prescription…
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Estimating The Cost Of Delayed Generic Drug Entry To Medicaid

Chintan V. Dave, Michael S. Sinha, Reed F. Beall, and Aaron S. Kesselheim

Health Affairs

June 2020

Delays in market entry of generic drugs are common. This study sought to identify the prevalence of delayed entry, the reasons for the delays, and the delays’ effects on Medicaid…
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Copyright in the Texts of the Law: Historical Perspectives

Charles Duan

Journal of Intellectual Property and Entertainment Law

May 21, 2020

Recently, state governments have begun to claim a copyright interest in their official published codes of law, in particular arguing that ancillary materials such as annotations to the statutory text…
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Internalizing Externalities: Designing Effective Data Policies

Ryan Hill, Carolyn Stein, and Heidi Williams

AEA Papers and Proceedings

May 2020

Many economics journals have recently invested in efforts to archive and curate research data and promote reproducible research. The economics profession has focused relatively less attention on what types of…
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Advance Market Commitments: Insights from Theory and Experience

Michael Kremer, Jonathan D. Levin, and Christopher M. Snyder

NBER

February 2020

Ten years ago, donors committed $1.5 billion to a pilot Advance Market Commitment (AMC) to help purchase pneumococcal vaccine for low-income countries. The AMC aimed to encourage the development of…
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The Risk of Caution: Evidence from an R&D Experiment

Richard Carson, Joshua S. Graff Zivin, Jordan Louviere, Sally Sadoff, and Jeffrey G. Shrader Jr

NBER

March 2020

Innovation is important for firm performance and broader economic growth. But breakthrough innovations necessarily require greater risk-taking than more incremental approaches. To understand how managers respond to uncertainty when making…
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Approaching intellectual property scholarship differently: A qualitative research review and agenda

Shobita Parthasarathy

Science and Public Policy

February 27, 2020

Social and policy interest in intellectual property, and patents, in particular, is growing. This is reflected in the rise of scholarly inquiry on the topic beyond the legal community, including…
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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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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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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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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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Two Errors in the Ninth Circuit’s Qualcomm Opinion

Thomas F. Cotter

Two Errors in the Ninth Circuit’s Qualcomm Opinion

September 10 2020

On August 11, 2020, the Ninth Circuit handed down its opinion in Federal Trade Commission v. Qualcomm Inc., reversing the district court’s judgment in favor of the FTC. This essay…
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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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Does Winning a Patent Race Lead to More Follow-On Innovation?

Neil Thompson and Jeffrey M. Kuhn

Journal of Legal Analysis

June 30, 2020

Competition between firms to invent and patent an idea, or “patent racing,” has been much discussed in theory, but seldom analyzed empirically. This article introduces an empirical way to identify…
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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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An Assessment of the Impact of the America Invents Act and the Patent Trial and Appeal Board on the US Economy

The Perryman Group

The Perryman Group

June 2020

In a recent study, The Perryman Group (TPG), a world-renowned group of economists widely used and respected by industry and government, measured the effect of the AIA and PTAB on…
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The Impact of Information Technology on the Diffusion of New Pharmaceuticals

Kenneth J. Arrow, L. Kamran Bilir, and Alan Sorensen

American Economic Journal: Applied Economics

July 2020

Do information differences across US physicians contribute to treatment disparities? This paper uses a unique new dataset to evaluate how changes in physician access to a decision-relevant drug database affect…
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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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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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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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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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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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Venture Capital’s Role in Financing Innovation: What We Know and How Much We Still Need to Learn

Josh Lerner and Ramana Nanda

Venture Capital’s Role in Financing Innovation: What We Know and How Much We Still Need to Learn

Summer 2020

We begin this paper by tracing the growth of the venture capital industry over the past 40 years, noting how technological and institutional changes have narrowed the focus and concentrated…
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The Role of Antitrust in Preventing Patent Holdup

Carl Shapiro and Mark A. Lemley

SSRN

August 4 2020

Patent holdup has proven one of the most controversial topics in innovation policy, in part because companies with a vested interest in denying its existence have spent tens of millions…
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Owning Knowledge: A Unified Theory of Patent Eligibility

Talha Syed

SSRN

September 23 2020

Patent law’s doctrine of ineligible subject matter is widely agreed to be in a bad state of repair. Even those welcoming the Supreme Court’s return to express subject-matter bars have…
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The U.S. District Court for the Northern District of Illinois Dismisses Antitrust Case Challenging Patent Thicket (Humira)

Michael A. Carrier

e-Competitions

August 20, 2020

Whether behavior relating to a patent thicket presents an antitrust issue is a nuanced question. But a recent ruling involving the biologic Humira shows how not to decide these issues….
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Fair Learning

Mark A. Lemley and Bryan Casey

Texas Law Review

March 2021

Machine learning requires the copying of extraordinary amounts of copyrighted material. That copying should generally be permitted. Most ML systems copy works not to consume the expression copyright law protects,…
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The effect of patent expiration on sales of branded competitor drugs in a therapeutic class

Jeffrey Fujimoto, Daniel M Tien, Sophie Snyder, Jeppe A Hertz, and Stuart Schweitzer

Journal of Generic Medicines

11 July 2019

Patent expiration is a consequential event for not only the drug undergoing patent expiration, but also the therapeutic class in which the drug is contained. Market dynamics change significantly for…
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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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Mapping the Intellectual Property/Social Justice Frontier

Peter S. Menell

SSRN

July 22 2020

This chapter explores the interplay of intellectual property and social justice. Part I constructs a philosophical framework for thinking about the many cross-currents between intellectual property and social justice. Part…
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Patent Quality: Towards a Systematic Framework for Analysis and Measurement

Kyle W. Higham, Gaétan de Rassenfosse, Adam B. Jaffe

NBER

September 2020

The ‘quality’ of novel technological innovations is extremely variable, and the ability to measure innovation quality is essential to sensible, evidence-based policy. Patents, an often vital precursor to a commercialised…
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Dedicating Copyright to the Public Domain

Phillip Johnson

The Modern Law Review

July 2008

This article explores whether authors can dedicate their copyright to the public domain. Such dedications are becoming increasingly relevant as authors now see the expansion of the public domain as…
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Biosimilar Competition: Early Learning

Richard G. Frank, Mahnum Shahzad, William B. Feldman, and Aaron S. Kesselheim

NBER

March 2021

Biologics accounted for roughly $145 billion in spending in 2018 (IQVIA, 2019). They are also the fastest growing segment of the pharmaceutical industry. The Biological Price Competition and Innovation Act…
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Patents, Property, and Prospectivity

Jonathan Masur and Adam Mortara

Patents, Property, and Prospectivity

April 2019

When judges change the legal rules governing patents, those changes are always retroactive. That is, they apply equally to patents that have already been granted and patents that do not…
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Covid-19 Pandemic’s Impact on the U.S. Patent System Through November 2020

Nicholas Shine

Patently-O Patent Law Journal

2021

“This essay examines patent abandonment rates and application rates to determine if they can shed light on how the Covid-19 pandemic affected innovation. While the results show temporary perturbations, the…
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Retelling Copyright: The Contributions of the Restatement of Copyright Law

Jeanne C. Fromer and Jessica M. Silbey

Columbia Journal of Law & the Arts

26 February 2021

The provisions at issue in the draft Restatement of Copyright Law on which ALI membership will vote at ALI’s upcoming annual meeting are central to copyright doctrine and have been…
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Modern Interlibrary Loan Practices: Moving beyond the CONTU Guidelines

Meg Oakley, Laura Quilter, and Sara Benson

Association of Research Libraries

August 31 2020

The purpose of this white paper is to provide background and guidance to Association of Research Libraries (ARL) member libraries in the United States that wish to reconsider interlibrary loan…
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How Patent Damages Skew Licensing Markets

Erik Hovenkamp and Jonathan Masur

Coase-Sandor Institute for Law and Economics

2016

If a litigated patent has previously been licensed to a third party, the courts generally adopt the terms of the prior agreement as the best measure of damages. However, while…
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An Empirical Study of 225 Years of Copyright Registrations

Zvi S. Rosen and Richard Schwinn

Tulane Law Review

1 July 2019

This project provides the first comprehensive empirical study of copyright registrations and renewals over the entire scope of American History since the Constitution. Previous pieces began the process of answering…
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Patenting Inventions or Inventing Patents? Strategic Use of Continuations at the USPTO

Cesare Righi and Timothy Simcoe

Patenting Inventions or Inventing Patents? Strategic Use of Continuations at the USPTO

August 2020

Continuations allow inventors to claim technology developed after the original filing date of their patent, leading to concerns about inadvertent infringement and hold-up. We use the link between patents and…
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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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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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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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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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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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“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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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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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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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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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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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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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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Evaluating the Demsetzian Trend in Copyright Law

Brett M. Frischmann

Review of Law and Economicse

November 2005

Copyright law provides an excellent case study with which to study and evaluate Harold Demsetz’s theory of property rights. Regardless of how one feels about the relationship between property and…
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Intellectual Property Rights and Foreign Direct Investment: A Welfare Analysis

Hitoshi Tanaka and Tatsuro Iwaisako

European Economic Review

April 2014

This paper examines how intellectual property rights (IPR) protection affects innovation and foreign direct investment (FDI) using a North–South quality-ladder model incorporating the exogenous and costless imitation of technology and…
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Inventing the Endless Frontier: The Effects of the World War II Research Effort on Post-war Innovation

Daniel P. Gross and Bhaven N. Sampat

NBER

June 2020

During World War II, the U.S. government launched an unprecedented effort to mobilize science for war: the newly-established Office of Scientific Research and Development (OSRD) entered thousands of R&D contracts…
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Government-Funded Research Increasingly Fuels Innovation

L. Fleming, H. Greene, G. Li, M. Marx, and D. Yao

Science

June 21, 2019

Innovation increasingly relies on scientific knowledge. Research to generate that knowledge has historically been funded by both industry and government. Although industry and government research spending was relatively equal in…
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How antitrust enforcement can spur innovation: Bell Labs and the 1956 Consent Decree

Martin Watzinger, Thomas Fackler, Markus Nagler, and Monika Schnitzer

VoxEU

February 19, 2017

There is growing concern that dominant companies use patents strategically to keep competitors from entering their market. This column uses the landmark 1956 Consent Decree against Bell Labs to explore…
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Our 19th Century Patent System

Greg Reilly

IP Theory

June 2, 2018

One’s view of the patent system depends on what perspective is taken. A narrow focus on the operational level of doctrinal implementation of patent law reveals significant instability and fluctuation…
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Patents, Meet Napster: 3D Printing and the Digitization of Things

Deven R. Desai and Gerard N. Magliocca

Thomas Jefferson School of Law Research Paper

October 9, 2013

Digitization has reached things. This shift promises to alter the business and legal landscape for a range of industries. Digitization has already disrupted copyright-based industries and laws. As cost barriers…
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Strategic Use of Patents: Implications for Antitrust

Daniel L. Rubenfeld and Robert Maness

Antitrust, Patents, and Copyright: EU and US Perspectives

September 18, 2004

In this paper, we offer an economic perspective on one aspect of the IP-antitrust nexus – the ability of firms to use their IP portfolios to compete with rivals. We…
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How Do Patents Affect Research Investments?

Heidi L. Williams

NBER

January 2017

While patent systems have been widely used both historically and internationally, there is nonetheless a tremendous amount of controversy over whether patent systems – in practice – improve the alignment…
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Indefinitely Renewable Copyright

William M. Landes and Richard A. Posner

U Chicago Law & Economics

August 1, 2002

In this paper we raise questions concerning the widely accepted proposition that economic efficiency requires that copyright protection be limited in its duration (often shorter than the current term). We…
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Identifying Industry Margins with Price Constraints: Structural Estimation on Pharmaceuticals

Pierre Dubois and Laura Lasio

American Economic Review

December 2018

We develop a structural model to investigate the effects of pharmaceutical price regulation on demand and on manufacturers’ price-setting behavior in France. We estimate price-cost margins in a regulated market…
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Modernizing International Agreements to Combat Copyright Infringement

Randolph J. May and Seth L. Cooper

The Free State Foundation

November 16, 2018

Intellectual property is a critical driver of economic prosperity. But there is a serious problem that our government needs to address to enhance the protection of IP and, thereby, to…
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Measuring Technological Innovation over the Long Run

Bryan Kelly, Dimitris Papanikolaou, Amit Seru, and Matt Taddy

NBER

November 2018

We use textual analysis of high-dimensional data from patent documents to create new indicators of technological innovation. We identify significant patents based on textual similarity of a given patent to…
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Patents and Cumulative Innovation: Causal Evidence from the Courts

Alberto Galasso and Mark Schankerman

NBER

July 2014

Cumulative innovation is central to economic growth. Do patent rights facilitate or impede follow-on innovation? We study the causal effect of removing patent rights by court invalidation on subsequent research…
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Statutes, Common-Law Rights, and the Mistaken Classification of Patents as Public Rights

Adam Mossoff

Iowa Law Review

November 9, 2018

Patents are increasingly swept up into the operations of agencies in the modern administrative state. This has raised anew the fundamental question whether patents are private property rights or special…
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World Investment Report 2018: Investment and New Industrial Policies

United Nations Conference on Trade and Development

World Investment Report 2018

2018

Global flows of foreign direct investment fell by 23 per cent in 2017. Cross-border investment in developed and transition economies dropped sharply, while growth was near zero in developing economies….
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The Long-run Impact of New Medical Ideas on Cancer Survival and Mortality

Frank R. Lichtenberg

NBER

December 2018

I investigate whether the types of cancer (breast, colon, lung, etc.) subject to greater penetration of new ideas had larger subsequent survival gains and mortality reductions, controlling for changing incidence….
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The Consequences of Invention Secrecy: Evidence from the USPTO Patent Secrecy Program in World War II

Daniel P. Gross

NBER

February 2019

This paper studies the effects of the USPTO’s patent secrecy program in World War II, under which approximately 11,200 U.S. patent applications were issued secrecy orders which halted examination and…
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What is a Patent Worth? Evidence from the U.S. Patent “Lottery”

Alexander Ljungqvist

Cato Institute

October 2019

We provide evidence on the value of patents to startups by leveraging the quasi-random assignment of applications to examiners with different propensities to grant patents. Using unique data on all…
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Machines as the New Oompa-Loompas: Trade Secrecy, the Cloud, Machine Learning, and Automation

Jeanne C. Fromer

NYU Law Review

June 2019

In previous work, I wrote about how trade secrecy drives the plot of Roald Dahl’s novel Charlie and the Chocolate Factory, explaining how the Oompa-Loompas are the ideal solution to…
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Intellectual Property: The Law and Economics Approach

Matthias Breuer, Christian Leuz, Steven Vanhaverbeke

NBER

September 2019

We investigate the impact of reporting regulation on corporate innovation activity. Exploiting thresholds in Europe’s regulation and a major enforcement reform in Germany, we find that forcing a greater share…
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Entrepreneurial Spillovers from Corporate R&D

Tania Babina and Sabrina T. Howell

NBER

December 2018

This paper documents that corporate R&D investment increases employee departures to entrepreneurship. We use U.S. Census data, and instrument for R&D with its tax credit-induced cost. The ideas or skills…
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Asymmetric Market Failure and Prisoner’s Dilemma in Intellectual Property

Wendy J. Gordon

University of Dayton Law Review

1992

Underlying many contemporary discussions of intellectual product regulation are two implicit economic models: one having to do with primary resource allocation, and one having to do with both allocative effects…
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Why “Intellectual Property” is a Misnomer

Daniel Takash and Brink Lindsey

Niskanen Center

September 10, 2019

In this paper we scrutinize the moral case for copyright and patent laws and find it wanting. “Intellectual property” is a misleading description of those laws in their current form;…
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Art in the Age of Contractual Negotiation

Christopher G. Bradley and Brian L. Frye

Kentucky Law Journal

June 19, 2019

Artists have always loved to hate the art market. They want to sell their work, but only on their own terms. Unfortunately, they usually lack the means to explain what…
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Intellectual Property, Economic Development, and the China Puzzle

Peter K. Yu

Michigan State Law School

August 2008

“Since the late 1980s, the Chinese economy has been growing at an enviable average annual rate of about 10 per cent. Accompanying this unprecedented economic development and growth was the…
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Innovation, Reallocation and Growth

Daren Acemoglu, Ufuk Akcigit, Harun Alp, Nicholas Bloom, and William R. Kerr

Harvard Business School Entrepreneurial Management Working Paper

April 8, 2013

We build a model of firm-level innovation, productivity growth and reallocation featuring endogenous entry and exit. A new and central economic force is the selection between high- and low-type firms,…
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Connecting to Power: Political Connections, Innovation, and Firm Dynamics

Do political connections affect firm dynamics, innovation, and creative destruction? We study Italian firms and their workers to answer this question. Our analysis uses a brand-new dataset, spanning the period…
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Intellectual Property Rights and Foreign Direct Investment: A Welfare Analysis

Hitoshi Tanaka and Tatsuro Iwaisako

European Economic Review

April 2014

This paper examines how intellectual property rights (IPR) protection affects innovation and foreign direct investment (FDI) using a North–South quality-ladder model incorporating the exogenous and costless imitation of technology and…
Read more

The Effect of High-Tech Clusters on the Productivity of Top Inventors

Enrico Moretti

NBER

September 2019

The high-tech sector is increasingly concentrated in a small number of expensive cities, with the top ten cities in “Computer Science”, “Semiconductors” and “Biology and Chemistry”, accounting for 70%, 79%…
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What Makes FRAND Fair? The Just Price, Contract Formation, and the Division of Surplus from Voluntary Exchange

J. Gregory Sidak

The Criterion Journal on Innovation

2019

I begin, in Part I, by showing that Aquinas’ just price resembles the price emerging from voluntary exchange rather than a regulated price resulting from involuntary exchange, such as compulsory…
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Justifying Intellectual Property: Chapter 1

Robert P. Merges

Harvard University Press

September 10, 2011

Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents – who emphasize the importance of providing incentives for…
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Crowdfunding money for research levels the playing field

Chiara Franzoni, Henry Sauermann, and Kourosh Shafi

VOXEU

February 2019

Digital crowdfunding platforms that raise money directly from citizens have created an alternative source of research funding. This column analyses data from the largest science crowdfunding platform, Experiment.com. It finds…
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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

This paper studies the effects of the USPTO’s patent secrecy program in World War II, under which approximately 11,200 U.S. patent applications were issued secrecy orders which halted examination and…
Read more

Missing Novelty in Drug Development

Joshua L. Krieger, Danielle Li, and Dimitris Papanikolaou

NBER

January 2019

This paper provides evidence that risk aversion leads pharmaceutical firms to underinvest in radical innovation. We define a drug candidate as novel if it is molecularly distinct from prior candidates….
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Are Patents and Copyrights Morally Justified? The Philosophy of Property Rights and Ideal Objects

Tom G. Palmer

Harvard Journal of Law and Public Policy

1990

Discusses the moral and ethical aspects of intellectual property rights. Philosophical concept of intellectual property; Arguments in support of intellectual property; Necessity of property for the development of the personality;…
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Restoring the Natural Law: Copyright as Labor and Possession

Alfred C. Yen

Ohio State Law Journal

Janurary 1990

This Article advocates the restoration of the natural law to our copyright jurisprudence. Although eighteenth and nineteenth century thinkers were keenly aware of copyright’s natural law dimensions, modern copyright jurisprudence…
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