Intellectual Property Backgrounds of President Trump’s Potential Supreme Court Nominees

By Andrew Baluch[1] & Devlin Hartline President Donald Trump will soon announce his nominee to fill the vacancy left at the Supreme Court by late Associate Justice Antonin Scalia. On September 23, 2016, the Trump campaign revealed that there are twenty-one candidates under consideration for the nomination. Below is a summary of the intellectual property … Continue reading “Intellectual Property Backgrounds of President Trump’s Potential Supreme Court Nominees”

Creative Upstarts and Startups: How IP Creates Opportunities and Opens Doors

This is the first in a series of posts summarizing CPIP’s 2016 Fall Conference, “Intellectual Property & Global Prosperity.“ The conference was held at Antonin Scalia Law School, George Mason University on October 6-7, 2016. Videos of the conference panels and keynote address, as well as other materials, are available on the conference website. The … Continue reading “Creative Upstarts and Startups: How IP Creates Opportunities and Opens Doors”

Rejection of DOJ Consent Decree Interpretation is a Win for Songwriters

Earlier this month, a federal judge in the Southern District of New York issued an order rejecting the Department of Justice’s (DOJ) interpretation of a consent decree governing the way the performance rights organization Broadcast Music Inc. (BMI) licenses its songs. The ruling was in response to a DOJ statement that the consent decrees controlling BMI … Continue reading “Rejection of DOJ Consent Decree Interpretation is a Win for Songwriters”

European Union Draws a Line on Infringing Hyperlinks

Last week, the European Court of Justice—the judicial authority of the European Union—issued an anticipated decision in the Sanoma hyperlinking case, declaring that commercial linking with knowledge of unauthorized content constitutes copyright infringement. The opinion comes after years of similar cases in Europe stirred debate over whether linking to pirated works was a ‘communication to the … Continue reading “European Union Draws a Line on Infringing Hyperlinks”

Despite What You Hear, Notice and Takedown is Failing Creators and Copyright Owners

In a recent op-ed in the LA Times, Professors Chris Sprigman and Mark Lemley praise the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA) as “a bit of copyright law worth saving.” They argue that Section 512 of the DMCA continues to serve its purpose of balancing the rights of copyright owners … Continue reading “Despite What You Hear, Notice and Takedown is Failing Creators and Copyright Owners”

Letter on FCC Set-Top Box Regulation Once Again Confuses the Issue

Last week, a group of law professors wrote a letter to the acting Librarian of Congress in which they claim that the current FCC proposal to regulate cable video navigation systems does not deprive copyright owners of the exclusive rights guaranteed by the Copyright Act. The letter repeats arguments from response comments they  filed along with … Continue reading “Letter on FCC Set-Top Box Regulation Once Again Confuses the Issue”

Proposed CREATES Act Threatens Patent Owners’ Rights

By Erika Lietzan, Kevin Madigan, & Mark Schultz Earlier this month, a bipartisan group of Senators introduced the Creating and Restoring Equal Access to Equivalent Samples Act (or CREATES Act). The proposed bill is aimed at deterring what the bill’s author, Sen. Patrick Leahy, claimed were “inappropriate delay tactics that are used by some brand-name … Continue reading “Proposed CREATES Act Threatens Patent Owners’ Rights”

How IP-Fueled Innovations in Biotechnology Have Led to the Gene Revolution

We’ve released a new issue paper, The Gene Revolution, by Amanda Maxham, a research associate and writer at the Ayn Rand Institute. Dr. Maxham explores how innovations in biotechnology, enabled by the intellectual property rights that protect them, have led to the “Gene Revolution,” where scientists use genetic engineering to dramatically improve human life. In … Continue reading “How IP-Fueled Innovations in Biotechnology Have Led to the Gene Revolution”

Supreme Court Recognizes that Patents are Property

By Adam Mossoff In an important decision handed down today, the Supreme Court explicitly recognized that patents are property secured by the Fifth Amendment Takings Clause. In Horne v. Department of Agriculture, the Court held that the Takings Clause imposes a “categorical duty” on the government to pay just compensation whether it takes personal or … Continue reading “Supreme Court Recognizes that Patents are Property”

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”