This paper analyses the effects of tying arrangements involving IP rights on innovation. Tying, with its ability to temporarily exclude others from the potential benefits deriving from innovation, is pro-innovative by providing firms the incentive to allocate resources to realize newer and...

Canadian copyright collectives and the Copyright Board have in recent years advanced the theory that when the Board certifies collectives' tariffs (or fixes the royalties in individual cases), those tariffs become mandatory on users. Users have no choice whether to deal with the collective; they...

Canadian copyright collectives and the Copyright Board have in recent years advanced the theory that when the Board certifies collectives' tariffs (or fixes the royalties in individual cases), those tariffs become mandatory on users. Users have no choice whether to deal with the collective; they...

The first sale doctrine limits the exclusive rights that survive the initial authorized sale of an item protected by intellectual property (IP) rights, and therefore limits the ability of IP owners to impose post-sale restraints on the distribution or use of items embodying their IP. While the...

This Article explores the rule of law aspects of the intersection between intellectual property and antitrust law. Contemporary discussions and debates on intellectual property (IP), antitrust, and the intersection between them are typically framed in economically oriented terms. This Article,...

This submission to the Australia Productivity Commission responds to a recently published PricewaterhouseCoopers report on Understanding the Costs and Benefits of Introducing a ‘Fair Use' Exception, prepared for APRA, AMCOS, PPCA, Copyright Agency | Viscopy, Foxtel, News Corp Australia and...

On March 2007 Canada's Competition Bureau hosted a symposium on the interface between competition and intellectual property. This short comment responds to a paper presented by Professor Jacques Robert in which he argued that the economic literature on bundling of information goods provides a...

This is a second in of two articles in which I challenge the collective administration of performing rights. In the first article, published in a recent issue of this journal, I questioned the natural monopoly paradigm that dominates the analysis of collective administration of performing...

Before a new drug can be marketed the Food and Drug Administration must be satisfied that it is safe and effective. According to conventional wisdom, the cost and delay involved in this process diminish the incentives to invest in the development of new drugs. Accordingly, several reforms aimed...