International intellectual property law furnishes a case study on the need for norms of global governance. In an earlier era, multilateral intellectual property instruments recognized the dynamic nature of information production; under their terms, nations could balance the interests of...

Domestic patent, copyright and trademark regimes are traditionally justified on an incentive rationale. While international intellectual property agreements are nominally aimed at harnessing global markets to expand incentives, this article argues that as these agreements come into force, a...

In this Article, we contend that the World Intellectual Property Organization's proposed Substantive Patent Law Treaty (SPLT) is premature. Developing countries are struggling to adjust to the heightened standards of intellectual property protection required by the TRIPS Agreement of 1994. With...

This article continues my examination of the experiment in specialization that was undertaken when the Federal Circuit was established a quarter of a century ago. There is now a sharp division in opinion regarding the court's performance among the bar, the legal academy, economists, and the...

Arguments for strong intellectual property protection proceed on the assumption that exclusive rights are necessary to generate the incentives that encourage intellectual production. However, recent events suggest that that this assumption is questionable. Many creative endeavors are flourishing...

This paper discusses the role that emerging economies could play in rendering intellectual property law and lawmaking more responsive to changing conditions. At present, neither the North nor the South is likely to challenge the accommodations made in the TRIPS Agreement. In the North, the...

The Supreme Court’s 2007 decision in MedImmune v. Genentech reversed prior case law and allowed a licensee in good standing to challenge the validity of the licensed patent. In some ways, the decision was unsurprising. It made patent law more consistent with general rules on justiciability and...