Associate, Munger, Tolles & Olson LLP; SJD Candidate 2011, University of Michigan Law School
For helpful comments, I thank Omri Ben-Shahar, Rebecca S. Eisenberg, Margaret J. Radin, and the participants in the Law and Economics workshop at the University of Michigan Law School and the Licensing of Intellectual Property Symposium at The University of Chicago Law School. The views expressed in this work, as well as all remaining errors, are, of course, my own.
Paul and Theo Leffmann Professor of Commercial Law, The University of Chicago Law School; Senior Fellow, The Computation Institute of The University of Chicago and Argonne National Laboratory
I thank the John M. Olin Foundation and the Paul H. Leffmann Fund for their generous research support. I also thank Lorraine Saxton for able research assistance and Connie Fleischer, Sheri Lewis, and Margaret Schilt in the D’Angelo Law Library for helping to track down missing sources.
Professor of Law, New York University School of Law
I am grateful to participants at the AALS section on Commercial Law and Related Consumer Law, Barry Adler, Oren Bar-Gill, Yannis Bakos, Kevin Davis, Clay Gillette, Lewis Kornhauser, Roberta Romano, and Jeff Wurgler for helpful comments. Mangesh Kulkarni provided excellent research assistance.
Laurence A. Tisch Professor of Law, New York University Law School; Peter and Kirstin Bedford Senior Fellow, The Hoover Institution; James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer, The University of Chicago Law School
F. Scott Kieff
Professor of Law, The George Washington University Law School; Ray & Louise Knowles Senior Fellow, The Hoover Institution
A draft version of this paper was presented at the Licensing of Intellectual Property Symposium held at The University of Chicago Law School on June 18 and 19, 2010. This work is part of the ongoing Hoover Institution Project on Commercializing Innovation, which studies the law, economics, and politics of innovation and which is available online at http://www.innovation.hoover.org. We thank Kevin Outterson, Associate Professor at Boston University School of Law, for pointing out our errors in reading the emergency conditions in TRIPS Article 31 in an earlier version of this paper and Brett Davenport, New York University Law School, Class of 2012 for his prompt and expert research assistance.
This research has been supported by grants from the John M. Olin Foundation and the University of Virginia Law School Foundation. The authors wish to thank Diego Leclery, Nevin Tomlinson, and Michelle Grabner of the School of the Art Institute of Chicago for helping organize the study and Meg Scalia, Lindsay Bartlett, Doug Boyle, and Daniel Crone for their superb research assistance. The authors are grateful for helpful comments received from Margo Bagley, Tom Chen, John Duffy, Dave Fagundes, Dan Gilbert, Wendy Gordon, Paul Heald, Laura Heymann, Andy Johnson-Laird, Kay Kitagawa, Ed Kitch, Oskar Liivak, Orly Lobel, Lydia Loren, Jonathan Masur, Greg Mitchell, Jeff Rachlinski, Matt Sag, Rebecca Tushnet, Alfred Yen, and participants at the Licensing of Intellectual Property Symposium at The University of Chicago Law School, the Intellectual Property Scholars Conference at the UC Berkeley School of Law, and workshops at the UCLA School of Law, the Lewis & Clark Law School, and the University of Michigan Law School.