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Cultural Cognition Of Patents, Lisa Larrimore Ouellette
Cultural Cognition Of Patents, Lisa Larrimore Ouellette
IP Theory
Simply making empirical progress is not always enough to influence policy, as demonstrated by the polarized public discourse over issues ranging from climate change to gun control. The current discourse over patents appears to have a similar pathology, in which cultural values — such as respect for strong property rights or concern about limiting access to knowledge — shape priors and affect the weight given to new information, such that advocates and policymakers on both sides of the patent wars often fail to acknowledge the ambiguity of existing evidence. This Essay suggests that the “cultural cognition” framework might help scholars …
Generic Entry Jujitsu: Innovation And Quality In Drug Manufacturing, W. Nicholson Price Ii
Generic Entry Jujitsu: Innovation And Quality In Drug Manufacturing, W. Nicholson Price Ii
IP Theory
The manufacturing side of the pharmaceutical industry has been neglected in innovation theory and policy, with the unfortunate result of stagnant manufacturing techniques driving major problems for the healthcare system. This innovation failure has roots in ineffective intellectual property incentives and high regulatory hurdles to innovative change. Changes in pure regulation or intellectual property incentives have significant potential to help the innovation deficit, but are not the only possibility for change. A relatively minor regulatory change could harness the powerful dynamics of pioneer/generic competition surrounding generic drug market entry. If pioneer firms were permitted to make label claims committing to …
Duty And Control In Intermediary Copyright Liability: An Australian Perspective, Kylie Pappalardo
Duty And Control In Intermediary Copyright Liability: An Australian Perspective, Kylie Pappalardo
IP Theory
In the internet age, copyright owners are increasingly looking to online intermediaries to take steps to prevent copyright infringement. Sometimes these intermediaries are closely tied to the acts of infringement; sometimes – as in the case of ISPs – they are not. In 2012, the Australian High Court decided the Roadshow Films v iiNet case, in which it held that an Australian ISP was not liable under copyright’s authorization doctrine, which asks whether the intermediary has sanctioned, approved or countenanced the infringement. The Australian Copyright Act 1968 directs a court to consider, in these situations, whether the intermediary had the …