Intellectual property (IP) leadership is critical to U.S. economic and national security. Patent leadership in emerging technologies depends on participation in standards set by international standards developing organizations (SDOs) and robust patent protections which, in turn, offer the incentives necessary to invite the significant, long-term, and risky R&D investments required to lead in these technologies.
For decades, the U.S. led the world in developing cutting-edge technologies due in large part to its strong patent protections and substantial contributions to SDOs. Some argue that over the past decade, a number of legal developments have arguably weakened patent rights in the U.S. and the incentive for U.S.-based firms to participate in SDOs, and the Biden Administration is proposing additional changes to guidance governing standard essential patents (SEPs). Some contend that this new regime favors China, whose innovation depends on state subsidies, while U.S. innovation depends on a strong IP system. These people believe these developments also benefit China both because China pays licensing fees to U.S. tech companies and because China hopes to dominate international SDOs—even exporting their own national standards to the world. Others argue that, while the patent system provides important incentives for innovation in many circumstances, it is not costless. Nor are its costs limited to the short-run welfare losses from diminished competition. By taxing follow-on innovation and implementation of standardized technologies, excessively broad patent rights and improper use of standard-essential patents can impair the innovation process and jeopardize the U.S.’s international competitiveness.
This webinar with Profs. Richard Epstein, F. Scott Kieff, Douglas Melamed, and Erik Hovenkamp will inform listeners about these legal developments and discuss how they may affect U.S. global technology leadership and national and economic security.
Featuring:
• Prof. Richard Epstein, Laurence A. Tisch Professor of Law, NYU; Peter and Kirstin Senior Fellow, Hoover Institution; James Parker Hall Distinguished Service Professor Emeritus and Senior Lecturer, University of Chicago
• Prof. F. Scott Kieff, Fred C. Stevenson Research Professor of Law and Director, Planning, and Publications, Center for Law, Economics, & Finance, George Washington University Law School
• Prof. Erik Hovenkamp, Assistant Professor of Law, USC Gould School of Law
• Prof. Douglas Melamed, Professor of the Practice of Law, Stanford Law School
• Moderator: Dean Reuter, Senior Vice President and General Counsel, The Federalist Society
Register at [ Ссылка ]
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
