Author: Papers

The Effect of Patent Litigation and Patent Assertion Entities on Entrepreneurial Activity

Author: Catherine Tucker Abstract: This paper empirically investigates the statistical relation between levels of patent litigation and venture capital (“VC”) investment in the U.S. We find that VC investment, a major funding source for entrepreneurial activity, initially increases with the number of litigated patents, but that there is a “tipping point” where further increases in the number of patents litigated are associated with decreased VC investment, which suggests an inverted U-shaped relation between patent litigation and VC investment. This appears strongest for technology patents, and negligible for products such as pharmaceuticals. There is some evidence of a similar inverted U-shaped relation between patent litigation and the creation of new small firms. Strikingly, we find evidence that litigation by frequent patent litigators, a proxy for PAE litigation, is directly associated with decreased VC investment with no positive effects initially. Full Paper: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2457611...

Read More

Increasing Access to HIV Treatment in Middle-Income Countries

Key data on prices, regulatory status, tariffs and the intellectual property situation World Health Organization, Link Peter Beyer and Joseph Perriëns This paper provides information on the prices paid by 20 middle-income countries for adult and paediatric formulations of antiretroviral treatments recommended by WHO. It links this information with an analysis of the intellectual property situation of the selected medicines taking into account existing license agreements as well as compulsory licenses, and includes data and general information on a number of other determinants of prices and availability of ARVs, including tariffs, mark ups and taxes, as well as the regulatory status. Executive summary This paper was originally developed as a background paper for the Consultation on Access to HIV Medicines in Middle-Income Countries, which was held from 10 to 12 June 2013 in Brasília, Brazil. It focuses on the challenges middle-income countries are facing in accessing affordable HIV treatment. Middle-income countries include a wide array of countries ranging from US$ 1036 to US$ 12 615 GNI per capita.1 For example, the 103 countries that World Bank currently rates as middle-income countries, include 17 least developed countries. This is due to the different selection criteria used. While the World Bank’s main criterion for classifying economies is gross national income (GNI) per capita, the United Nations Committee for Development Policy uses three criteria for identifying countries as least developed countries: gross...

Read More

Do University Patents Pay Off? Evidence from a Survey of University Inventors in Computer Science and Electrical Engineering

Author: Brian Love, Santa Clara University School of Law Abstract: Studies of the costs and benefits of university patent ownership have, to date, focused on life sciences technology. Increasingly, however, many of the most lucrative university-owned patents relate to computing and telecommunications, not genes or pharmaceuticals. In 2007, a University of California spin-off named Eolas settled a patent suit with Microsoft for $100 million. In 2010, Cornell University won a $184 million jury verdict against Hewlett-Packard in a case that later settled on confidential terms. And most recently, in 2014, Carnegie Mellon University received a $1.5 billion judgment — one of the largest patent damages awards in history — in an ongoing suit against Marvell Semiconductors. As universities shift their focus in the patent arena, so too must those studying tech transfer. Commentators generally agree that the costs and benefits of the patent system vary greatly across industries and many place the high-tech and bio-tech industries at opposite ends of that spectrum. Accordingly, universities would be well advised to reassess the costs and benefits of their own tech transfer programs as they shift from bio-tech to high-tech. This Article examines the pros and cons of university patenting in the high-tech field by reporting the findings of a survey of professors at major U.S. universities who teach and research in the areas of electrical engineering and computer science. Among other...

Read More

Increasing Access to HIV Treatment in Middle-Income Countries

Key data on prices, regulatory status, tariffs and the intellectual property situation [World Health Organization] OVERVIEW: The paper provides information on the prices paid by 20 middle-income countries for adult and paediatric formulations of antiretroviral treatments recommended by WHO. It links this information with an analysis of the intellectual property situation of the selected medicines taking into account existing license agreements as well as compulsory licenses, and includes data and general information on a number of other determinants of prices and availability of ARVs, including tariffs, markups and taxes, as well as the regulatory status. The data show that the middle-income countries are a heterogeneous group and that procurement prices vary widely. Middle-income countries supported by the Global Fund to Fight AIDS, Tuberculosis and Malaria, including India and middle-income countries in Africa, are paying low prices for first-line and many second-line treatment regimens, comparable to those paid by low-income countries. Other middle-income countries are paying higher prices, especially for newer second line and third line treatments sourced from originator producers. Click here for the full paper....

Read More

Determinants and Welfare Implications of Unlawful File Sharing: A Scoping Review

Reposted description from the CREATe launch announcement CREATe Working Paper 5/14 Steven James Watson, Daniel John Zizzo and Piers Fleming (2014) Using systematic reviewing techniques drawn from the medical sciences, a team of behavioural economists and psychologists from the University of East Anglia has undertaken a scoping review of all evidence published between 2003-2013 into the welfare implications and determinants of unlawful file sharing. Articles on unlawful file sharing for digital media including music, film, television, videogames, software and books, were methodically searched; non-academic literature was sought from key stakeholders and research centres. 54,441 sources were initially found with a wide search and were narrowed down to 206 articles which examined human behavior, intentions or attitudes. Whether unlawful file sharing confers a net societal cost or benefit to welfare remains unclear based on the available evidence, with both of the approaches employed – (1) looking at the association between sales and unlawful file sharing, and (2) examining people’s willingness to pay with and without the possibility of unlawful file sharing – suffering from serious limitations. This conclusion casts doubt on approaches which strengthen the civil enforcement system to meet the challenges of the internet revolution, at least without clearer evidence of demonstrable benefits of specific measures. The study has developed a utility framework to understand potentially relevant factors whether to engage in unlawful downloads, legal purchases (or neither). They include...

Read More

Berne’s Vanishing Ban on Formalities

Author:  Christopher Jon Sprigman Abstract:  Not too long ago, conventional wisdom in the copyright field condemned copyright formalities as unnecessary and pernicious, and celebrated their removal from American law. Recently, however, an increasingly prominent strand of copyright scholarship has begun to rue the death of mandatory formalities and to note the many possible benefits of reinstituting them. But now that the prospect of “reformalization” has been raised, the opponents of formalities have laid on the table what seems (at least to them) to be a trump card. Whatever the virtues of formalities, opponents claim that they are banned by article 5(2) of the Berne Convention, which prohibits formalities that affect “the enjoyment and the exercise” of rights in protected works. Furthermore, opponents invoke derivative protection through the TRIPS Agreement, which adopts the Berne standards and makes them enforceable via the World Trade Organization (“WTO”) dispute resolution process. The view that Berne bans formalities is deeply and honestly held. It is nonetheless almost wholly irrelevant to the current debate about reformalization. The reason for that is straightforward. Recapturing many of the benefits of formalities does not require, and perhaps is not even best pursued by, reinstituting the sort of formalities that article 5(2) bans — that is, those that affect “the enjoyment and the exercise” of exclusive rights in copyrighted works. Rather, the sorts of formalities that occupy the center...

Read More

New Booklet – Human Rights and Privatised Law Enforcement

Joe McNamee European Digital Rights Our latest booklet is now online!   The document looks at the extent to which “voluntary” law enforcement measures by online companies are serving to undermine long-established fundamental rights principles and much of the democratic value of the internet. Unquestionably, the successful campaigns against SOPA and ACTA demonstrate the democratic potential of the internet. Sharing of information over social media, online blackout protests, etc., all generated a synergy which led to big demonstrations against the measures and their rejection or abandonment. But what happened then? This booklet looks into, for example, what happened to SOPA’s encouragement of all relevant internet companies to police and punish alleged infringements of US law outside US borders. What happened after democratically-elected representatives decided not to ratify the measure? It may come as a surprise, but every single type of internet company listed in SOPA Section 104 either already had, or has since, reached agreements with the White House or between industry sectors, to undertake lawless, vigilante measures. Democracy disappears. It then assesses the impact of “voluntary” law enforcement on legal protections for our fundamental rights. Constitutions and international law provide us with a degree of protection from government restrictions of our fundamental freedoms. However, when private companies are persuaded to “voluntarily” impose such restrictions outside a legal framework, these traditional and previously unquestioned protections disappear. Disturbingly, instead of...

Read More