It is time to update the idea of “patent fair use” to account for the evolution of technology and of inventive paradigms in the years since O'Rourke's seminal proposal in 2000. A fair-use-type ex post approach to cabining patent exclusivity is even more attractive as a theoretical matter now...

This paper examines a crucial difference between copyright and patents that requires very different analyses for each in the cases of notice effects and monopoly. In the first instance, notice costs will be shown to be much more import in the case of patents then they are in the case of...

<p dir="rtl">החקיקה הפיסקלית בישראל, ובמיוחד זו העוסקת במיסוי ההכנסה מהווה כידוע חקיקה סבוכה ביותר. מורכבות זו נובעת הן מן הנושא גופו, היוצר קשיים מושגיים ופרקטיים — כמו, למשל,...</p>

In the platform age, copyright-protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analog age. One of these challenges is related to the fair balance between the interests of...

The present legal framework doesn’t seem to effectively address the issue with respect to music industries and as a result, the Music industry is facing declining profits. “With multiple appeals pending in this regard, there is a need for the legislature to ensure that the Copyright Board is...

Industrial espionage has been the name of the game for quite a while now. Different tactics are being utilized by companies to undermine attacks to their rivals in the business world. Industrial spies also take advantage of all the weak points in a company's security systems. Different...

The legal pragmatism movement that came to prominence in the 1990s adopted a skeptical attitude toward “foundationalism” – the idea that any one body of law can be adequately explained by some grand, foundational theory, or united by a single goal or value. The pragmatists' embrace of...

We survey the economic literature, both theoretical and empirical, on the choice of intellectual property protection by firms. Our focus is on the tradeoffs between using patents and disclosing versus the use of secrecy, although we also look briefly at the use of other means of formal...

This paper presents preliminary results from a pilot experiment dealing with the economic motivations to contribute to Free/Open Source Software (FOSS). In a seminal paper Bessen and Maskin (2006) argue that in a dynamic sequential innovation framework in which every innovation builds on...