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Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Faculty Scholarship
In recent years, universities have been accused in news stories of becoming “trademark bullies,” entities that use their trademarks to harass and intimidate beyond what the law can reasonably be interpreted to allow. Universities have also intensified efforts to gain expansive new marks. The Ohio State University’s attempt to trademark the word “the” is probably the most notorious. There has also been criticism of universities’ attempts to use their trademarks to police clearly legal speech about their activities. But beyond provocative anecdotes, how can one assess whether a particular university is truly bullying, since there are entirely legitimate reasons for …
Drugs, Patents, And Well-Being, Christopher Buccafusco, Jonathan S. Masur
Drugs, Patents, And Well-Being, Christopher Buccafusco, Jonathan S. Masur
Faculty Scholarship
The ultimate end of patent law should be to spur innovations that improve human welfare-innovations that make people better off. But firms will only invest resources in developing patentable inventions that will allow them to make money-that is, inventions that people will want to use and buy. This can gravely distort the types of incentives that firms face and the types of inventions they pursue. Nowhere is this truer than in the pharmaceutical field There is by now substantial evidence that treatments for diseases that primarily afflict poorer people-including the citizens of developing nations-are dramatically underproduced, compared with drugs that …