In this Article, I examine and reject the claim, made by the United States Supreme Court, that the first-sale doctrine is a “common-law doctrine with an impeccable historic pedigree” that reaches as far back as the 17th century and that “makes no geographical distinctions.” The Supreme...

We study the incentives that governments have to protect intellectual property in a trading world economy. We consider a world economy with ongoing innovation in two countries that differ in market size and in their capacities for innovation. We associate the strength of IPR protection with the...

This paper discusses notable intellectual property law cases in the United States in 2011. Patent cases addressed such issues as the scope of patent subject matter (the patentability of human genes and methods for testing for genetic links to cancer), the standards for challenges to the validity...

Intellectual property is an increasingly important generator of economic, social and cultural growth and development. A clear understanding of the intellectual property system has, therefore, become a necessity for all those associated with creative and innovative endeavor – from policymakers...

Open Source Software is often viewed as an anti-intellectual property regime. In contrast, we argue how intellectual property law is at the heart of open source model since licenses that organize the innovation and business relationships between developers, distributors and end-users are based...

The particular case of software seems to have stretched the patent-copyright divide to the point of breakage. Inspite of being traditionally excluded from patent, software is an obvious case of a single creation that embodies both expression and innovation, and so strong arguments exist for...

This paper reviews and compares patent pools, intellectual property clearinghouses and copyright collectives as alternative systems for promoting efficient access to licensable intellectual property in a 'market for technology' (Arora et al 2001). These systems aid downstream use of innovations...

Patent law gives patent owners not just the right to prevent others from copying their ideas, but the power to control the use of their idea even by those who independently develop a technology with no knowledge of the patent or the patentee. In an important paper, Samson Vermont challenges this...