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Public lawmakers have inadequate and misaligned incentives to engage in legal innovation. Private lawmaking is offered as a potential solution to this problem. However, private lawmaking faces a dilemma: In order to be effective, the cost-reducing standard forms produced by private lawdrafters...
Persistent link: https://www.econbiz.de/10014174058
Although patents are the prototypical type of protection that most people consider applicable to protecting drugs, patents are just the most-established and well-known method available to protect drugs from competition. However, there are other types of mechanisms in regulatory laws that provide...
Persistent link: https://www.econbiz.de/10014177280
In its recent report entitled “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) advances a far-reaching regulatory approach (Proposal) whose likely effect would be to distort the operation of the intellectual property (IP) marketplace in ways that will hamper the innovation...
Persistent link: https://www.econbiz.de/10014178925
Commentators have poured forth a loud and sustained outcry over the past few years that sees property rule treatment of intellectual property (IP) as a cause of excessive transaction costs, thickets, anticommons, hold-ups, hold-outs, and trolls, which unduly tax and retard innovation,...
Persistent link: https://www.econbiz.de/10014184286
An “invention,” as used in the United States patent laws, refers to anything made by man that employs or harnesses a law of nature or a naturally occurring substance for human benefit. A watermill, for instance, harnesses the power of gravity to run machinery. But legal methods, such as tax...
Persistent link: https://www.econbiz.de/10014156769
This paper presents a way to think about a legal solution to an intractable problem, reconciling a now worldwide patent rights regime with access to essential medicines. In doing so, it insists that the potentialities of the current TRIPS flexibilities be assessed realistically. The focus is on...
Persistent link: https://www.econbiz.de/10014129546
In 1992, Congress passed the Professional and Amateur Sports Protection Act (PASPA), a statute designed to prevent the further spread of state-sponsored sports-wagering. The statute’s language has the effect of granting a property right to sports leagues, implicating the Constitution’s...
Persistent link: https://www.econbiz.de/10014141955
Copyright law provides an excellent case study with which to study and evaluate Harold Demsetz's theory of property rights. Regardless of how one feels about the relationship between property and intellectual property, it is hard to escape the fact that intellectual property rights have expanded...
Persistent link: https://www.econbiz.de/10014061200
Controversies often arise at the interfaces where intellectual property ("IP") law meets other topics in law and economics, such as property law, contract law, and antitrust law. Participants in the debates over how to mediate these interfaces often view each interface as a special case...
Persistent link: https://www.econbiz.de/10014073451
This paper consists in the “Lens of London” documentary which is created by Queen Mary students of Intellectual Property Law under the US jurisdiction. The focus of this paper are the issues such as: what is a performer, who owns the copyright of the work, credit and pre-existing work...
Persistent link: https://www.econbiz.de/10014109291