Tuesday, March 12, 2013

Top 10 New IP Paper Downloads

Here's an updated list of the most downloaded IP papers that were posted on SSRN in the past 60 days:
  1. Money from Music: Survey Evidence on Musicians’ Revenue and Lessons About Copyright Incentives, by Peter C. DiCola (see my last most-downloaded post for links)
  2. The Federal Circuit's New Obviousness Jurisprudence: An Empirical Study, by Jason Rantanen (Jason posted about this on Patently-O)
  3. Orphan Works and the Search for Rightsholders: Who Participates in a 'Diligent Search' under Present and Proposed Regimes?, by David R. Hansen, Gwen Hinze, Jennifer M. Urban (see description by Dave Hasen here)
  4. Leistungsschutzrecht für Presseverlage: Müsste Google wirklich zahlen? – eine kartellrechtliche Analyse (Ancillary Copyright Law for News Publishers: Would Google Really Have to Pay? – An Antitrust Law Analysis), by Christian Kersting, Sebastian Dworschak (still at #4, just like last month)
  5. A Case for the Public Domain, by Clark D. Asay (argues for public domain approach rather than "copyleft" open licenses)
  6. The Invention of an Investment Incentive for Pharmaceutical Innovation, by Shamnad Basheer (advocates an optional "investment protection" regime for drug development, which is similar to prize proposals like the Health Impact Fund except that the government-determined reward is based on a variable-length guaranteed market exclusivity)
  7. The HOB-Vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products, by Alberto Alemanno
  8. Rush to Judgment? Trial Length and Outcomes in Patent Cases, by Mark A. Lemley, Jamie Kendall, Clint Martin (based on study of all patent trials over past 11 years, finds juries are more favorable to patentees than judges, length of trial does not affect outcome, and EDTex win rates aren't that different)
  9. Ten Years of DG Competition Effort to Provide Guidance on the Application of Competition Rules to the Licensing of Standard-Essential Patents: Where Do We Stand?, by Damien Geradin
  10. Fixing Software Patents, by Eric Goldman (nice essay written in connection with Santa Clara "Solutions to the Software Patent Problem" conference; also see my recap here)