The Constitution grants Congress the power to promote the progress of science and the useful arts through the intellectual property clause. Scholars and the courts understand “progress” to mean an increase in the creation and dissemination of copyrighted works and patented inventions It is...

In the developed world, antitrust policy has traditionally been a foil to intellectual property (IP). There are now serious concerns that the world's IP system, including both rules created by national legislation and those created by international agreements, is stronger than is the economic...