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.

An Empirical Study of U.S. Copyright Fair Use Opinions Updated, 1978-2019

Barton Beebe

NYU Journal of Intellectual Property

Fall 2020

This article presents a brief update through 2019 of the author’s previous quantitative study of all reported federal court opinions that applied the Copyright Act’s four-factor test for copyright fair…
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The Patents-Based Pharmaceutical Development Process: Rationale, Problems, and Potential Reforms

John H Barton and Ezekiel J Emanuel

Journal of the American Medical Association

Oct 26, 2005

The pharmaceutical industry is facing substantial criticism from many directions, including financial barriers to access to drugs in both developed and developing countries, high profits, spending on advertising and marketing,…
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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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Innovation in the U.S. Government

Joshua R. Bruce and John M. de Figueiredo

NBER

May 2020

This paper examines the U.S. government’s intramural research and development efforts over a 40-year period, drawing together multiple human capital, government spending, and patent datasets. The U.S. Federal Government innovates…
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Tax Credits and Small Firm R&D Spending

Ajay Agrawal, Carlos Rosell, and Timothy Simcoe

American Economic Journal: Economic Policy

April 2020

In 2004, Canada changed the eligibility rules for its Scientific Research and Experimental Development (SRED) tax credit, which provides tax incentives for R&D conducted by small private firms. Difference-in-difference estimates…
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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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Scientific Grant Funding

Pierre Azoulay and Danielle Li

NBER

March 2020

This chapter provides an overview of grant funding as an innovation policy tool aimed at both practitioners and science policy scholars. We first discuss how grants relate to other contractual…
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Blind Spot: How the COVID-19 Outbreak Shows the Limits of Pharma’s Monopoly Model

Zain Rizvi

Public Citizen

February 19, 2020

As yet another coronavirus spreads around the globe, scientists are once again trying to develop new treatments and vaccines. Much remains unknown about this family of viruses. But we know…
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The Effects of Prize Structures on Innovative Performance

Joshua Graff Zivin and Elizabeth Lyons

NBER

February 2020

Successful innovation is essential for the survival and growth of organizations but how best to incentivize innovation is poorly understood. We compare how two common incentive schemes affect innovative performance…
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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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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 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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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 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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Disappearing Content

Mark A. Lemley

SSRN

December 29, 2020

One of the great advantages of digital content has been that for the last forty years, people have had access to whatever content they want whenever they wanted it. That…
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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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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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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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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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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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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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Digital Exhaustion

Aaron K. Perzanowski and Jason Schultz

UCLA Law Review

1 September 2010

As digital networks emerge as the dominant means of distributing copyrighted works, the first sale doctrine is increasingly marginalized. The limitations first sale places on the exclusive right of distribution…
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Open up: a survey on open and non-anonymized peer reviewing

Lonni Besançon, Niklas Rönnberg, Jonas Löwgren, Jonathan P. Tennant and Matthew Cooper

Open up: a survey on open and non-anonymized peer reviewing

June 26 2020

Our aim is to highlight the benefits and limitations of open and non-anonymized peer review. Our argument is based on the literature and on responses to a survey on the…
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Linguistic Metrics for Patent Disclosure: Evidence from University Versus Corporate Patents

Nancy Kong, Uwe Dulleck, Adam B. Jaffe, Shupeng Sun, and Sowmya Vajjala

Linguistic Metrics for Patent Disclosure: Evidence from University Versus Corporate Patents

September 2020

This paper proposes a novel approach to measure disclosure in patent applications using algorithms from computational linguistics. Borrowing methods from the literature on second language acquisition, we analyze core linguistic…
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The functions of patents in our societies: innovation, markets, and new firms

Alfonso Gambardella

Centre for Economic Policy Research

April 2021

This article provides a review of the role and functions of patents in society using data and evidence from the economic and management literature. While patents provide private protection to…
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Nonobviousness: Before and After

Dmitry Karshtedt

Iowa Law Review

6 April 2021

The requirement of nonobviousness, codified in 35 U.S.C. § 103, has been called “the ultimate condition of patentability” because of its crucial function of keeping technically trivial inventions out of…
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Platform Liability Under Art. 17 of the Copyright in the Digital Single Market Directive, Automated Filtering and Fundamental Rights: An Impossible Match

Christophe Geiger and Bernd Justin Jütte

GRUR International

12 March 2021

This article first outlines the relevant fundamental rights as guaranteed under the EU Charter of Fundamental Rights and the European Convention of Human Rights that are affected by an obligation…
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Preparing for a Pandemic: Accelerating Vaccine Availability

Amrita Ahuja, Susan Athey, Arthur Baker, Eric Budish, Juan Camilo Castillo, Rachel Glennerster, Scott Duke Kominers, Michael Kremer, Jean Nahrae Lee, Canice Prendergast, Christopher M. Snyder, Alex Tabarrok, Brandon Joel Tan, and Witold Więcek

NBER

February 2021

Vaccinating the world’s population quickly in a pandemic has enormous health and economic benefits. We analyze the problem faced by governments in determining the scale and structure of procurement for…
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Copyright and Innovation: The Untold Story

Michael A. Carrier

Wisconsin Law Review

October 24, 2012

Copyright has an innovation problem. Judicial decisions, private enforcement, and public dialogue ignore innovation and overemphasize the harms of copyright infringement. Just to pick one example, “piracy,” “theft,” and “rogue…
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A Functional Approach to Judicial Review of PTAB Rulings on Mixed Questions of Law and Fact

Rebecca S. Eisenberg

Iowa Law Review

July 2019

The Court of Appeals for the Federal Circuit (“Federal Circuit”) has long relied on active appellate review to bring uniformity and clarity to patent law. It initially treated the PTO…
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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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Questioning Patent Alienability

Tun-Jen Chiang

Houston Law Review

August 26, 2019

The standard economic rationale for the alienability of property rights is that it facilitates the flow of resources to those who can put it to the most valuable use, or…
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Eight Market-Oriented Proposals That Reduce Income Inequality

Dean Baker

American Enterprise Institute

January 24, 2017

Debates over economic policy are often framed as conservatives supporting market-oriented policies, while progressives support government interventions. However, there are many market-oriented policies that can lead to more equality, an…
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Should There Be Lower Taxes on Patent Income?

Fabian Gaessler, Bronwyn H. Hall, and Dietmar Harhoff

NBER

Publication date here

A “patent box” is a term for the application of a lower corporate tax rate to the income derived from the ownership of patents. This tax subsidy instrument has been…
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Fashion’s Function in Intellectual Property Law

Christopher Buccafusco and Jeanne C. Fromer

Notre Dame Law Review

August 22, 2016

Clothing designs can be beautiful. But they are also functional. Fashion’s dual nature sits uneasily in intellectual property law, and its treatment by copyright, trademark, and design patent laws has…
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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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To Promote the Creative Process: Intellectual Property Law and the Psychology of Creativity

Gregory N. Mandel

Notre Dame Law Review

January 11, 2011

Though a primary goal of intellectual property law is to promote creativity in technology and the arts, intellectual property doctrine pays remarkably little attention to psychology research on how to…
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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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Defense Against the Dark Arts of Copyright Trolling

Matthew Sag and Jake Haskell

Iowa Law Review

January 1, 2018

In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly…
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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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Patent Eligibility and Investment

David O. Taylor

Cardozo Law Review

February 24, 2019

Have the Supreme Court’s recent patent eligibility cases changed the behavior of venture capital and private equity investment firms, and if so how? This Article provides empirical data about investors’…
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Intellectual Property, Economic Development, and the China Puzzle

Peter K. Yu

Intellectual Property, Trade and Development: Strategies to Optimize Economic Development in a TRIPs Plus Era

August 1, 2018

This book chapter examines the relationship between intellectual property protection and economic development. It begins by exploring the conventional linkage between intellectual property protection and foreign direct investment. The chapter…
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A Network Theory of Patentability

Laura Pedraza-Farina and Ryan Whalen

University of Chicago Law Review

March 2019

“Patent law is built upon a fundamental premise: only significant inventions receive patent protection while minor improvements remain in the public domain. This premise is indispensable for maintaining an optimal…
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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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Are Patent Fees Effective at Weeding out Low-quality Patents?

Gaétan de Rassenfosse and Adam B. Jaffe

NBER

July 2016

The paper investigates whether patent fees are an effective mechanism to deter the filing of low-quality patent applications. The study analyzes the effect on patent quality of the Patent Law…
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A New Copyright Bargain?: Reclaiming Lost Culture and Getting Authors Paid

Rebecca Giblin

Columbia Journal of Law & the Arts

October 2018

Despite having put authors at the forefront of expansionary rhetoric for generations, copyright can’t seem to find a way of actually getting them paid. At the same time, current approaches…
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Freedom of Artistic Creativity and Copyright Law: A Compatible Combination?

Christophe Geiger

UC Irvine Law Review

September 26, 2017

Copyright was originally intended to serve creators as an engine of free expression, protecting them from the interference of others and from all risk of censorship. To this end, a…
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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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Beyond Incentives: Expanding the Theoretical Framework for Patent Law Analysis

Ofer Tur- Sinai

The University of Akron

June 2015

The Article proceeds as follows: Part II provides the necessary background with respect to the economic analysis of patent law in general and the economic analysis of cumulative innovation in…
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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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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

Innocent Infringement in U.S. Copyright Law: A History

R. Anthony Reese

Columbia Journal of Law & the Arts

March 6, 2008

This Article explores how copyright law addressed the issue of innocent infringement in its early years. Part I discusses how copyright law, from its beginnings in England in 1709 and…
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Reducing Digital Copyright Infringement Without Restricting Innovation

Mark Lemley and R. Anthony Reese

Stanford Law Review

April 2004

Suing actual infringers is passe in copyright law. In the digital environment, the real stakes lie in suing those who facilitate infringement by others. There is of course a good…
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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…
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Do Heightened Quality Incentives Improve the Quality of Patentability Decisions? An Analysis of Trend Divergences During the Signatory Authority Review Program

Eric D. Blatt and Lian Huang

AIPLA Quarterly Journal

Spring 2018

This Article analyzes divergences in decisionmaking trends while examiners undergo the Signatory Authority Review Program (the “Program”). The Program is the process by which examiners are promoted to the position…
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Forever Minus a Day? Calculating Optimal Copyright Term

Author name here

Review of Economic Research on Copyright Issues

July 19, 2009

The optimal term of copyright has been a matter for extensive debate over the last decade. Based on a novel approach we derive an explicit formula which characterises the optimal…
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Getting it Right: Examining the Local Land Use Entitlement Process in California to Inform Policy and Process

Moria O'Neill, Giulia Gualco-Nelson, and Eric Biber

UC Berkeley

February 2018

We found that these local governments are imposing discretionary review processes on all residential development projects of five or more units within their borders. [W]hat drives whether and how environmental…
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Collateral Damages: Why Congress Needs To Fix Copyright Law’s Civil Penalties

Mitch Stoltz

EFF

July 24, 2014

In most areas of the law, we try to avoid this kind of unfairness [in payouts from civil litigation] and uncertainty by making sure that we tie penalties to the…
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Specialty drug prices and utilization after loss of U.S. patent exclusivity, 2001-2007

Rena M. Conti and Ernst R. Berndt

NBER

August 2014

We examine the impact of loss of U.S. patent exclusivity (LOE) on the prices and utilization of specialty drugs between 2001 and 2007. We limit our empirical cohort to drugs…
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Patent Theory versus Patent Law

Alex Tabarrock

Contributions to Economic Analysis & Policy

2002

According to the economic theory of patents, patents are needed so that pioneer firm have time to recoup their sunk costs of research and development. The key element in the…
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Unintended Consequences – 16 Years Under the DMCA

NA

EFF

September 16, 2014

The “anti-circumvention” provisions of the Digital Millennium Copyright Act (“DMCA”), codified in section 1201 of the Copyright Act, have not been used as Congress envisioned. The law was ostensibly intended…
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Differential Pricing for Pharmaceuticals: Reconciling Access, R&D and Patents

Patricia M. Danzon and Adrian Towse

International Journal of Health Care Finance and Economics

2003

This paper reviews the economic case for patents and the potential for differential pricing to increase affordability of on-patent drugs in developing countries while preserving incentives for innovation. Differential pricing,…
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Do Tax Credits Affect R&D Expenditures by Small Firms? Evidence from Canada

Ajay Agrawal, Carlos Rosell, Timothy S. Simcoe

NBER

October 2014

We exploit a change in eligibility rules for the Canadian Scientific Research and Experimental Development (SRED) tax credit to gain insight on how tax credits impact small-firm R&D expenditures. After…
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Benefits of Patent Jury Trials for Commercializing Innovation

James E. Daily and F. Scott Kieff

George Mason Law Review

2014

The U.S. patent system has long depended on trials before lay judges and lay juries for adjudicating patent disputes. Many think that reliance on lay judges and juries is a…
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Defend Innovation: How to Fix Our Broken Patent System

Adi Kamdar

EFF

February 23, 2015

With roughly 400,000 software patents in force today it has become virtually impossible, as a practical matter, for entrepreneurs and engineers to avoid stepping on some purported inventor’s toes, no…
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The Patent Paradox Revisited: Determinants of Patenting in the US Semiconductor Industry, 1980-94

Bronwyn H. Hall and Rose Marie Ham

RAND Journal of Economics

March 1999

This paper examines the patenting behavior of firms in an industry characterized by rapid technological change and cumulative innovation. Recent evidence suggests that semiconductor firms do not rely heavily on…
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Do firms underinvest in long-term research? Evidence from cancer clinical trials

Eric Budish, Benjamin N. Roin, and Heidi Williams

American Economic Review

July 2015

We investigate whether private research investments are distorted away from long-term projects. Our theoretical model highlights two potential sources of this distortion: short-termism and the fixed patent term. Our empirical…
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Innovation Fertility and Patent Design

Hugo A. Hopenhayn and Matthew F. Mitchell

NBER

April 1999

It may be advantageous to provide a variety of kinds of patent protection to heterogenous innovations. Innovations which benefit society largely through their use as building blocks to future inventions…
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Patents and Research Investment: Assessing the Empirical Evidence

Eric Budish, Benjamin N. Roin, and Heidi L. Williams

American Economic Review

January 2016

A well-developed theoretical literature — dating back at least to Nordhaus (1969) — has analyzed optimal patent policy design. We re-present the core trade-off of the Nordhaus model and highlight…
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Patent Protection and Innovation Over 150 Years

Josh Lerner

NBER

June 2002

The paper seeks to understand the impact of the patent system on innovation by examining shifts in the strength of patent protection across sixty countries and a 150-year period. An…
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Patents and Innovation in Economic History

Petra Moser

Annual Review of Economics

February 2016

A strong tradition in economic history, which primarily relies on qualitative evidence and statistical correlations, has emphasized the importance of patents as a primary driver of innovation. Recent improvements in…
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Google’s Moon Shot

Jeffrey Toobin

New Yorker

February 5, 2007

The vast majority of books [Google is publishing online] belong to a third category: still protected by copyright, or of uncertain status, and out of print. These books are at…
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Do Tax Incentives for Research Increase Firm Innovation? An RD Design for R&D

Antoine Dechezlepretre, Elias Einio, Ralf Martin, Kieu-Trang Nguyn, John Van Reenen

NBER

July 2016

We present evidence of a causal impact of research and development (R&D) tax incentives on innovation. We exploit a change in the asset-based size thresholds for eligibility for R&D tax…
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A Better Way Forward: Voluntary Collective Licensing of Music File Sharing

Fred von Lohmann

EFF

April 1, 2008

Since 2003, EFF has championed an alternative approach that gets artists paid while making file sharing legal: voluntary collective licensing. The concept is simple: the music industry forms several “collecting…
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