Thought leadership to move us forward

Examining the latest topics and news related to innovation policy.

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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The Battle Over Patents: A Summary

Adapted from The Battle over Patents: History and Politics of Innovation, edited by Stephen H. Haber and Naomi R. Lamoreaux (Oxford University Press, 2021). Complaints about the patent system are not new. Virtually all arguments that critics seize upon today to support their suggestions for a patent reform have
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IP is Not IP: Intellectual Property is Not Industrial Policy, and Why This Matters 

Competition by China with the United States for global leadership in innovation has prompted anew an age-old policy debate: What are the best policies and legal institutions to promote next-generation inventions like 5G, AI, and mRNA vaccines? Are innovations best promoted and distributed either through industrial policy initiatives like prizes,
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LeadershIP Hosts Webinar on the DMA and the US Antitrust Bills

On June 30, LeadershIP hosted a webinar titled EU DMA vs. US Legislative Proposals: Lessons and Path Forward, where the discussion focused on the Digital Markets Act (DMA)—the legislation recently adopted by the European Union that imposes obligations and prohibitions on the world’s largest digital platforms such as Apple,
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