Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong

By Mark Schultz & Adam Mossoff A handful of increasingly noisy critics of intellectual property (IP) have emerged within free market organizations. Both the emergence and vehemence of this group has surprised most observers, since free market advocates generally support property rights. It’s true that there has long been a strain of IP skepticism among … Continue reading “Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong”

The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Tests

Last week, CPIP released an important new policy brief, The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Tests, by Professor Chris Holman.  Professor Holman explains the important role that patents play not only in attracting the capital investment needed to bring genetic tests to market, but also in incentivizing companies … Continue reading “The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Tests”

Supreme Court Revises Fee-Shifting Rules in Patent Cases: Weeding out Bad Actors in a Level Playing Field

By Adam Mossoff* and Brian O’Shaughnessy† Originally published in LES (USA & Canada)’s weekly e-newsletter, Insights. On April 29, 2014, the Supreme Court handed down two unanimous decisions in Octane Fitness v. ICON Health & Fitness and Highmark v. Allcare Health Management System, which radically overhaul the rules governing court-awarded attorneys’ fees in patent cases. In brief, the … Continue reading “Supreme Court Revises Fee-Shifting Rules in Patent Cases: Weeding out Bad Actors in a Level Playing Field”

The Unintended Consequences of Patent "Reform"

By Steven Tjoe Much of today’s patent policy debate focuses on the dynamics of patent litigation.  Sensational anecdotes of abusive demand letters, litigants strategically exploiting bad patents, and tales of so-called “patent trolls” (reinforced by now debunked empirical claims) have captured the public’s imagination and spurred Congress to rush to revise the patent system.  Unfortunately, … Continue reading “The Unintended Consequences of Patent "Reform"”

An Insightful Analysis of “Fair and Reasonable” in the Determination of FRAND Terms

By Steven Tjoe In his forthcoming George Mason University Law Review article entitled “The Meaning of ‘Fair and Reasonable’ in the Context of Third-Party Determination of FRAND Terms,” Professor Damien Geradin explores the delicate balance of interests protected by the current system of arm’s length negotiations in the standard-setting process, and the detrimental effect disrupting … Continue reading “An Insightful Analysis of “Fair and Reasonable” in the Determination of FRAND Terms”

Taking a Whack at the DMCA: The Problem of Continuous Re-Posting

By Steven Tjoe On Thursday March 13, the House Judiciary Committee held a hearing on the Digital Millennium Copyright Act’s (DMCA) notice and takedown system.  Among the witnesses testifying at the hearing was CPIP Fellow Professor Sean O’Connor (Washington University School of Law), who offered his insights on Section 512 from his unique position as … Continue reading “Taking a Whack at the DMCA: The Problem of Continuous Re-Posting”

Improving the DMCA's Notice and Takedown System

In conjunction with today’s House Judiciary Committee hearing on the DMCA, CPIP Senior Scholar Prof. Mark Schultz published a critique of the notice and takedown system this morning on AEI’s TechPolicyDaily Blog. In his critique, Prof. Schultz discusses CPIP’s policy brief by Prof. Bruce Boyden, which details the failures of the DMCA – despite the massive number of takedown notices sent, not a … Continue reading “Improving the DMCA's Notice and Takedown System”

IP as a Source of Personal and Economic Freedom

CPIP’s Mark Schultz authored an excellent essay today in TechPolicyDaily.com advocating intellectual property as a source of personal and economic freedom.  The essay, “A Free Market Perspective on Intellectual Property Rights,” describes parallels between physical property and intellectual property and dispels several denigrating myths about intellectual property’s role in a free market.  It’s a quick read, … Continue reading “IP as a Source of Personal and Economic Freedom”

Crowdfunding's Impact on Start-Up IP Strategy

By Sean M. O’Connor* Crowdfunding has been heralded as a revolutionary and democratic way to connect ordinary individuals with innovative projects they would like to support. The version involving equity investments in start-ups will be regulated under the U.S. JOBS Act of 2012.[i] But start-ups who use this legal pathway will become essentially “junior” reporting … Continue reading “Crowdfunding's Impact on Start-Up IP Strategy”

Two More Reasons to Think Twice Before Changing Our Patent System

By Steven Tjoe Today, misguided fears of an explosion of patent litigation and the specter of the so-called “patent troll” problem continue to influence the popular perception of patent policy.  Over the past year, various organizations have spurred a movement to make significant legislative changes to our patent system, despite calls for caution and further … Continue reading “Two More Reasons to Think Twice Before Changing Our Patent System”