Intellectual Property

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 capital has finally gained wide recognition as a central driver of economic productivity and growth. […]

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 popular conceptions of intellectual property rights. Respondents’ views of what intellectual property rights ought to […]

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 making because, as both public choice theory and historical precedent suggest, the laws accompanying these […]

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 as the fences that demarcate real estate—patent infringement is neither as determinate nor as efficient as trespass […]

The Quantification of the Productive Inefficiencies of Patent Production

Xavier Seuba

Abstract Response to William Hubbard, The Debilitating Effect of Exclusive Rights: Patents and Productive Inefficiency Professor William Hubbard’s article, The Debilitating Effect of Exclusive Rights: Patents and Productive Inefficiency, starts by asking, “Are we underestimating the costs of patent protection?” One reaction to that initial question might be excitement that some researcher has calculated the costs and benefits […]

Marc Edelman, Closing the “Free Speech” Loophole: the Case for Protecting College Athletes’ Publicity Rights in Commercial Video Games

When Electronic Arts Inc. (Electronic Arts) launched its video game series NCAA Football in June 1993, the available technology limited developers to crafting avatars that looked like faceless figurines. Today, however, advancements in digital technology have enabled developers to create “virtual players” that strongly resemble their reallife counterparts. For example, in NCAA Football 12, the […]