Do Allegations of Intellectual-Property Theft Justify Protective Tariffs?
How IP is a property right, how it functions as a property right in a free market, and how legally, historically, and economically, IP is essential to a thriving economy and flourishing society.
Professor Adam Mossoff on patents and property rights.
In this talk, law professor Adam Mossoff explains Ayn Rand’s radical justification for intellectual property rights: that all property is — at root — intellectual.
Adam Mossoff traces the rise and fall of property rights in America.
There are widespread complaints today that the “patent system is broken” and that the “smartphone wars” and “patent trolls” are killing innovation. Yet patented innovation has revolutionized our lives today—tablet computers, smartphones and antiviral drugs are just a few of these modern marvels. How to make sense of this contradiction?
Illegally downloading creative content online is all too easy. Unlike stealing a physical product from a store, there’s no need to stealthily conceal the merchandise, avoid security guards, or worry about magnetic security tags.
An open letter sent to Congress about the Venue Act, which is another attempt to deny the rights of inventors.
In plain English, here’s the deal that Tesla is offering to manufacturers and users of its electrical car technology: in exchange for using Tesla’s patents, the users of Tesla’s patents cannot file patent infringement lawsuits against Tesla if Tesla uses their other patents.
Government mostly hinders us, and then brags that it is waiting to take charge when we fail.
With the future of innovation at stake, it is not crazy to ask that before we make radical, systemic changes to the patent system that we have validly established empirical evidence that such revisions are in fact necessary or at least would do more good than harm.
There certainly are bad actors, deceptive demand letters, and frivolous litigation in the patent system. The important question, though, is whether there is a systemic problem requiring further systemic revisions to the patent system.
The nation at war in December of 1917 had no time for frivolous things. Perhaps right in their sentiments but wrong in their action, the men in the United States War Department thought it would be unpatriotic for the nation to be celebrating while...
The latter, nationalistic motive of buying BlackBerry or any other company is misguided.
This basic economic fact—dynamic development of innovative distribution mechanisms require substantial investment in both people and resources—is what makes commercialization an essential feature of both copyright policy and law (and of all intellectual property doctrines).
IP rights have developed in the same way as property rights in land with both legislatures and courts creating, repealing, and extending doctrines in an important institutional and doctrinal evolution of these property rights securing technological innovation and creative works.
This oft-made contrast by libertarians between so-called “common law property in land” versus “statutory IP” is a myth that has no basis in the reality of how common law property rights in land evolved in England and then in the United States of America.
Weakening intellectual property laws due to negative policy rhetoric, hyperbolic internet commentary, and even extensive lobbying by firms who choose to infringe patents because they don’t want to pay the licenses offered to them by patent licensing firms is irresponsible.