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Full-Text Articles in Law
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
Michigan Journal of International Law
The intellectual property landscape is changing. As Jerry Reichman once observed, intellectual property rights were islands in a sea of the public domain until domestic laws expanded to include such “innovations” as business methods, software, scents, and sounds and turned the public domain into a pond surrounded by a continent of rights. Reichman spoke towards the end of the 20th century, and whatever problems accompanied this change, in truth (to paraphrase Voltaire’s view of the Holy Roman Empire), the concept of “intellectual property rights” was predominantly about neither “property” nor “rights” (nor was it always “intellectual”). Rather, copyright, patent, and …
Expired Patents, Saurabh Vishnubhakat
Expired Patents, Saurabh Vishnubhakat
Catholic University Law Review
This article presents a comprehensive empirical description of the public domain of technologies that have recently passed out of patent protection. From a new dataset of over 300,000 patents that expired during 2008–2012, the study examines technological, geographical, and procedural traits of newly public inventions as a basis for exploring the social value associated with their competitive use. Moreover, comparing these inventions to inventions newly patented during the same period enables more specific discussion of how the balance of innovation in the United States continues to change.
An Fda For Financial Innovation: Applying The Insurable Interest Doctrine To Twenty-First-Century Financial Markets, Eric A. Posner, E. Glen Weyl
An Fda For Financial Innovation: Applying The Insurable Interest Doctrine To Twenty-First-Century Financial Markets, Eric A. Posner, E. Glen Weyl
Northwestern University Law Review
The financial crisis of 2008 was caused in part by speculative investment in complex derivatives. In enacting the Dodd–Frank Act, Congress sought to address the problem of speculative investment, but it merely transferred that authority to various agencies, which have not yet found a solution. We propose that when firms invent new financial products, they be forbidden to sell them until they receive approval from a government agency designed along the lines of the FDA, which screens pharmaceutical innovations. The agency would approve financial products if they satisfy a test for social utility that focuses on whether the product will …
Our Patient System And Health Care Information Technology: Valuable Incentive Or Impediment To Innovation?, Gary Montle, Ryan Levy, Margaret Rowland
Our Patient System And Health Care Information Technology: Valuable Incentive Or Impediment To Innovation?, Gary Montle, Ryan Levy, Margaret Rowland
Belmont Law Review
Patentable inventions have often been transformative, but the pace of such innovation has changed exponentially in the last thirty years. The patent law still seeks to reward ingenuity and nowhere should this maxim be truer than in the area of health information technology. But the pace and scope of changes in that arena have made rewarding that ingenuity with a patent increasingly difficult. The courts have struggled to apply patent laws to technology that is new and novel to a fault. This Article seeks to address how it is possible to continue to reward ingenuity in a field where progress …