Criminal Liability for Patent Infringement? The ‘Moral Hazard’ Around Fair Competition

History has proven that innovation comes from everywhere, not just the leading businesses.

But patents no longer provide the right exclude others from practicing an invention the way they did in the past. This has challenged fate of many SMEs and inventors, and has thrown a rather sizable monkey wrench into the machinery of innovation. One that is not readily detected.

Relying on  the leverage that patents have historically provided is off the table for many businesses. Those that engage in ecommerce, the Internet or software are among those that no longer hold patents in high esteem and are resorting to trade secrets.

Fairer and Better

In ep4 or S3 of ‘Understanding IP Matters,’ a Feedspot Top 3 IP podcast, Bruce Berman of CIPU, spoked to two leading exponents of stronger rights who believe they are not only fairer but better for innovation. They discuss what we need and how to possibly get there.

Dan Brown is an award-winning designer, inventor, and entrepreneur who has received more than 100 utility patents. He serves on the Patent Public Advisory Committee (PPAC) and is a professor at the Segal Design Institute at the McCormick School of Engineering and Applied Science at Northwestern University.

Scott Kieff is a member of the faculty at George Washington University Law School. From 2013-2017, he served as a commissioner at the U. S. International Trade Commission, which enforces acts of unfair competition, including IP infringement.

What they have to say about the current state of affairs in innovation and IP rights, and how to address it, will interest all Americans. Listen to “Policy or Piracy? Maintaining U.S. Technology Leadership in the Digital Age.”

Read more about the episode on IPWatchdog, here.

Image source: CIPU

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