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What Critics of the TRIPS Waiver Get Wrong

Last Wednesday, U.S. Trade Representative Katherine Tai announced that the United States would support a waiver of the World Trade Organization’s TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) for COVID-19 vaccines during the pandemic. Although a waiver is no panacea, it would be an important step in the right direction on the most important public policy challenge now facing Planet Earth:...

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Niskanen Center files Amicus Brief in US v Arthrex

The Niskanen Center has filed an amicus brief in support of the petitioner, the United States of America, in United States v. Arthrex Inc. The Supreme Court granted certiorari in October 2020 and consolidated this case with Smith & Nephew Inc. v. Arthrex Inc. At issue in this case is the constitutionality of administrative patent judges (APJ) appointments under the Appointments Clause of the U.S. Constitution. Respondent Arthrex, a...

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Niskanen Center Joins Letter Encouraging Examination of PTAB Changes

The Niskanen Center has joined Engine, R Street Institute, Coalition Against Patent Abuse, and other public and private interest groups by signing a letter sent to the House and Senate Judiciary Committees related to recent decisions by the Patent Trial and Appeal Board (PTAB). The PTAB, created in 2012 as part of the America Invents Act (AIA), was designed to provide a low-cost alternative to traditional patent litigation. PTAB makes...

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Niskanen Center Supports the Open COVID Pledge

The Niskanen Center is proud to announce its support for the Open COVID Pledge. In doing so, we are also publishing all Niskanen content–including content related to the COVID-19 pandemic–under a Creative Commons Attribution 4.0 License (CC BY 4.0). The Open COVID Pledge–created in early April by a group of scientists, lawyers, academics, entrepreneurs, and individuals–is designed to encourage firms, nonprofits, and individuals...

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Libertarians Need Government — in Finance as in Public Health

Last week, hedge fund manager and outspoken libertarian Clifford Asness provided critics of the philosophy of limited government with a “gotcha moment.”  BUT I AM NOT A LIBERTARIAN ABOUT THE CORONA VIRUS and the enormous health and economic dangers it entails (economic dangers do become health dangers to the vulnerable).— Clifford Asness (@CliffordAsness) March 15, 2020 The COVID-19 outbreak is one that demands a strong and...

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Upcoming Event: Are Patents Property or Regulation?

Please join the Niskanen Center for an event on Capitol Hill–“Patents: Private Property or Economic Regulation?”— on Thursday, September 19th at 12:00pm in the U.S. Capitol Visitor Center, SVC 214. The event will present a paper by former U.S. Solicitor General Paul Clement on the topic, and include a panel discussion with Niskanen Center’s Brink Lindsey, R Street’s Charles Duan, and Innovation Defense Foundation’s Wayne...

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New Paper: Why “Intellectual Property” is a Misnomer

This is the introduction to a new paper examining the moral foundation for intellectual property laws, as well as a roadmap for reform. Full paper here. Supporters of strong and expansive copyright and patent laws argue that these laws advance important policy goals—namely, encouraging artistic expression and technological innovation. Although these claims are widely accepted among the uninitiated, many experts are highly critical...

  • Daniel Takash
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  • Brink Lindsey
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3 min read