This article analyzes the Innovation Act, which passed the U.S. House of Representatives on a promise to deal with the problem of "patent trolls" or non-practicing entities (NPEs). The article surveys the NPE controversy from a variety of perspectives, including the history and theory of...

Infringement of intellectual property seems to be much more common than infringement of physical property. Intellectual property rights protect goods that are non-rival in consumption, while physical property rights protect rival goods. Non-rivalry implies that the owner suffers no direct harm...

The issue of Patent enforcement in the UK has generated a lot of heat, but not much light in the last year. Despite the lack of comprehensive empirical evidence of demand, a number of policy documents have focused on facilitating affordable patent litigation for small and medium sized firms....

Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...

Patent pools have become a prominent mechanism to reduce litigation risks and facilitate the commercialization of new technologies. This paper takes advantage of a window of regulatory tolerance under the New Deal to investigate the effects of pools that would form in the absence of effective...

The debate over patent enforcement in the UK centres on the expensive nature of patent litigation and its impact on the use of the patent system by SMEs. However, in a number of recent policy documents, there is little evidence for the denial of access to justice claims made. This paper...

Technical standard setting, though conducted largely through private organizations, possesses many attributes of a public function. By and large, SDO policies operate effectively to enable competitors to collaborate to develop standards that produce network effects and yield significant social...

This paper considers the impact of the new Indian patent regime on the important issue of access to affordable drugs. Access is dependent, in part, on the ability of generic manufacturers to produce cheap generic drugs. Working with the bird flu patent example, this paper will demonstrate that...