This Week in Intellectual Property, May 18th

This Week in Intellectual Property, May 18th

Rent Check

Arguments against increased piracy during the time of coronavirus and the National Emergency Library lean on the claim that the U.S. has never reduced copyright protection during times of crisis, but examples from WWI and WWII show this claim is not strictly correct and had benefits for the progress of science and the useful arts.


News and Commentary

Matt Ridley writes in The Wall Street Journal about what promotes and hinders innovation, citing The Captured Economy in discussing the shortcomings of the patent system.

Stephen Anderson and James Love go through three different business strategies and their implications for the use of intellectual property. “Product leadership” requires a firm to stay ahead of the pack and constantly develop new, cutting-edge products, making intellectual property protections essential to this business model. “Customer intimacy” requires a close relationship with customers to provide them with the best service for a product that may or may not be unique to that company, making database-related IP rights most valuable. The final is “operational excellence,” which includes providing standardized products at a low cost, making licensing more important and exclusivity less important.

Vox Media is being sued for copyright infringement due to its use of a photograph of a NYC luxury apartment building. The photographer, Helene Seidman, is being represented by notorious copyright troll Richard Liebowitz’s law firm.


New Research

A study constructed an index of IP-intensive industries and found that IP-intensive industries yield above-average returns, with U.S. firms outperforming non-U.S. firms even though the former had lower-value patent portfolios.

To address the problems of replication and access to data in the economics profession, a study examines the most effective ways to share data from economic studies available based on practices from other fields.

In cases where a generic pharmaceutical manufacturer and brand-name pharmaceutical company have significant overlap in shareholders, a “pay-for-delay” arrangement, where the brand-name pharmaceutical company settles with the generic manufacturers to stay out of the market, is more likely to occur.

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By |2020-05-25T19:37:08-07:00May 25th, 2020|Blog, Intellectual Property|