Thought leadership to move us forward

Examining the latest topics and news related to innovation policy.

Letter to Congress Correcting False Claims About Bayh-Dale Act and § 1498 on Drug Price Controls

On September 28th, 2023, a letter was sent to the Senate Health, Education, Labor and Pensions Committee, the Chair and Ranking Member of the House Ways and Means Committee, and to Secretary Becerra correcting false claims that the federal government can use the Bayh-Dole Act or § 1498 to impose
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Dr. Kirti Gupta – Testimony: Innovating Ideas Around Standards and Intellectual Property

On September 20th, 2023, LeadershIP Executive Director Dr. Kirti Gupta testified for the ITA-NIST-USPTO Listening Session on Innovating Ideas Around Standards and Intellectual Property.    Transcript: Good afternoon. My name is Dr. Kirti Gupta and I am speaking on behalf of the Center for Strategic and International Studies (CSIS). Let
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Four Actions to Strengthen the U.S. Intellectual Property System

By Hideki Tomoshige and Sujai Shivakumar A reliable and robust intellectual property (IP) system is a pillar of the nation’s innovation system. In an era when economic growth, global competitiveness, and national security are all predicated on relative strengths of national innovation systems, the United States needs to take deliberate
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What Can Patent Data Reveal about U.S.-China Technology Competition?

By Alexander Kersten, Gabrielle Athanasia, and Gregory Arcuri The United States and China are engaged in a strategic competition for global technological leadership. In seeking ways to gauge this competition, business leaders, policymakers, the media, and even the courts often turn to data on patent filings. Prudent use of this data
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Beyond Decoupling: Managing the U.S.-China Innovation Relationship

By Christopher Borges America’s innovation partnership with the People’s Republic of China is seeking a new equilibrium, recognizing China as the most important strategic competitor on one hand, and acknowledging the realities of mutual dependencies and economic pragmatism on the other. Treasury Secretary Janet Yellen’s visit to China has to
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TRIPS Waivers and Pharmaceutical Innovation

By Christopher Borges On June 22, 2022, the World Trade Organization (WTO) approved a waiver of intellectual property (IP) protections for COVID-19 vaccine patents, previously secured under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The WTO is currently considering expanding this waiver to include COVID-19 diagnostics and therapeutics
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Summary of article: “AI for Patent and Essentiality Review” by Katie Atkinson & Danushka Bollegala

An important step in the process of developing novel standards for Information and Communication Technologies (ICT) is to determine whether a patent held by a company is, or might be, required in order to practice the concepts of a given ICT standard. Patented inventions that prove necessary for the practice
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International Pro-Competition Regulation of Digital Platforms: Healthy Experimentation or Dangerous Fragmentation?

Amelia Fletcher, Norwich Business School, and Centre for Competition Policy, University of East Anglia. The increasing dominance of a small number of ‘big tech’ companies across a range of critical online markets has led to growing calls for the adoption of regulation to promote competition and ensure that market power
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China’s Practice of Anti-Suit Injunctions in SEP Litigation: Transplant or False Friend?

In 2020, China abruptly became the largest grantor of anti-suit injunctions (ASIs), which are court orders that prevent the opposing party from beginning or continuing a proceeding in another jurisdiction. China’s use of ASIs, which were used to address patent litigation initiated in a foreign country, was explicitly supported by
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