It is widely known that demand-pull policies in the United States, especially the federal investment tax credits (ITC) and the California Solar Initiative (CSI), have led to a rapid escalation in the installation of solar photovoltaic (PV) systems. But there has been little systematic study into...

The IEEE-SA updated patent policy and the Business Review Letter issued by the US DoJ have caused much discussion in the US (Sidak, 2015). The purpose of this paper is to assess whether a similarly lenient antitrust approach to Standard Setting Organizations’ (“SSOs”) rate setting policies...

I examine the effects of proprietary information on corporate transparency and voluntary disclosure. To do so, I develop and validate two measures of firms' reliance on trade secrecy: one based on 10-K disclosures and one based on subsequent litigation outcomes. I complement these measures by...

Recent studies of knowledge production have increasingly recognized the role of codified knowledge in the operation of social organizations. Much of the knowledge resident in organizations exists as tacit knowledge, that is, as knowledge that goes unrecorded. Typically such knowledge is carried...

Individual citizens have been found to be a major source of new product and service innovations of value both to themselves and to the economy at large. These citizen innovators operate in a little understood legal environment that we call the innovation wetlands. We show via a review of...

US Supreme Court decisions in Mayo Collaborative Services v. Prometheus Laboratories and Association for Molecular Pathology v. Myriad Genetics Inc. caused US and European law on what is patentable subject matter to diverge significantly. Both cases related to molecular tests and changed decades...

Although much of the innovative activity prompted by the incentive of intellectual property rewards occurs within the context of the firm, relatively little attention has been paid to intellectual property law in light of the theory of the firm. Modern theories of the firm have developed from...

Many scholars have wrestled with what I call the “first-order question” in patent law: What policies should we adopt to promote innovation? This article grapples with the second-order question: What policies should we adopt to promote innovation about promoting innovation? I argue that...

Intellectual property scholars have vigorously debated the merits of patents versus prizes for encouraging innovation, with occasional consideration of government grants. But these are not the only options. Perhaps most significantly, the patents-versus-prizes (or...

This chapter from the forthcoming Cambridge University Press volume Gene Patents and Clearing Models: From Concepts to Cases comments on the international FAO treaty for sharing genetic resources and on proposals by Rai et al. to create a shared testing system for small molecule pharmaceutical...