Category Archives: Intellectual Property

Sapna Kumar, Regulating Digital Trade

Abstract Under § 337 of the Tariff Act, the International Trade Commission (ITC) has jurisdiction over articles that enter the country and infringe intellectual property rights. Recently, the ITC vastly expanded its powers, asserting jurisdiction over imported digital files that … Continue reading

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Annemarie Bridy, Internet Payment Blockades

Abstract Internet payment blockades are an attempt to enforce intellectual property rights by “following the money” that flows to online merchants who profit from piracy and counterfeiting. Where corporate copyright and trademark owners failed in the legislature and the judiciary … Continue reading

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Lily Kahng, The Taxation of Intellectual Capital

Intellectual capital—broadly defined to include nonphysical sources of value such as patents and copyrights, computer software, organizational processes, and know-how—has a long history of being undervalued and excluded from measures of economic productivity and wealth. In recent years, however, intellectual … Continue reading

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Gregory N. Mandel, The Public Perception of Intellectual Property

Though the success of intellectual property law depends upon its ability to affect human perception and behavior, the public psychology of intellectual property has barely been explored. Over 1,700 U.S. adults took part in an experimental study designed to investigate … Continue reading

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Irina D. Manta, The High Cost of Low Sanctions

Low sanctions can initially appear to be a mitigating factor for unjust or inefficient laws, but this perception is likely wrong. This Article argues that low sanctions may have a pernicious effect on the democratic process and on legislative rule … Continue reading

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Adam Mossoff, The Trespass Fallacy in Patent Law

The patent system is broken and in dire need of reform; so says the popular press, scholars, lawyers, judges, congresspersons, and even the President. One common complaint is that patents are now failing as property rights because their boundaries are not as clear … Continue reading

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