Valuing Intellectual Property: An Experiment
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 [...]
Intellectual Property Rights and Foreign Direct Investment: A Welfare Analysis
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 [...]
Copyright and Innovation: The Untold Story
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 [...]
A Functional Approach to Judicial Review of PTAB Rulings on Mixed Questions of Law and Fact
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 [...]
How antitrust enforcement can spur innovation: Bell Labs and the 1956 Consent Decree
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 [...]
Questioning Patent Alienability
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 [...]
Eight Market-Oriented Proposals That Reduce Income Inequality
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 [...]
Should There Be Lower Taxes on Patent Income?
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 [...]
Fashion’s Function in Intellectual Property Law
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 [...]
Strategic Use of Patents: Implications for Antitrust
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 [...]