“To be able to retain the fruits of one’s labor; to be able to see one’s work made permanent; to be able to bequeath one’s property to one’s posterity; to be able to rise from the natural condition of grinding poverty to the security of enduring accomplishment; to have something that is really one’s own — these are advantages difficult to deny.”
— Russell Kirk, The Politics of Prudence
REAL CLEAR POLICY
China's Patent Gain is Our Loss
"China has ramped up a multipronged, whole-of-society strategy to beat America and the West. This goes well beyond mere copying and IP theft. Other prongs include subsidies for Chinese companies, predatory pricing, import restrictions, a biased regulatory regime and economic espionage."
THE ECONOMIC STANDARD
The Price of Drug Controls
"A 95 percent tax on gross sales, which would likely drive some biopharmaceutical innovators out of the U.S. market. Also, the bill includes a retroactive 'inflation penalty' for Medicare Parts D and B."
Envious Countries Pushing IP Shakedown at WTO
The WTO ploy seeks to waive 1994 Trade-Related Aspects of Intellectual Property Rights Agreement obligations to protect intellectual property for any inventions related to COVID-19. If successful, the foreign expropriation of U.S. companies’ intellectual property wouldn't be limited to biomedical innovation and would reduce innovation.
Commenters on Bayh-Dole Rule Object to Mention of ‘Pricing’ in March-In Provision
Eagle Forum Education and Legal Defense Fund calls the proposed injection of price into march-in decisions "the bad apple on an otherwise fruitful tree."
Box Score on the New Madison Approach to Antitrust and Patents
Asst. Atty. Gen'l. Delrahim's Antitrust Division from 2017 through 2020 filed more than 40 amicus briefs or statements of interest in antitrust cases. It amassed a respectable box score: courts accepted the Department’s position in 15 cases and disagreed in two cases.
REAL CLEAR MARKETS
Getting Antitrust Right Without Suffocating Technological Progress
A crowning achievement of the past half-century has been the establishment of the “consumer welfare” standard as the bedrock principle for assessing anticompetitive conduct. Its well-reasoned, well-founded basis has delivered an objective measure and impartial approach to matters of monopolization — the power to control prices or exclude competitors coupled with exclusionary conduct.
REAL CLEAR POLICY
Don't Impose Foreign Price Controls on Prescriptions
Biotech, pharmaceutical, and medical provider organizations have sued the Trump administration over an overreaching rule, called "Most Favored Nation," that imports foreign government-run medical systems’ price controls as a gambit to lower prescription drug prices. MFN won't.
Biden-Harris Will Wreak Havoc on Health Care and Innovation
The Biden-Sanders-Harris health agenda threatens to quash America’s global-leading biomedical innovation and to reduce consumer choice in health care.
ISSUES & INSIGHTS
OMB Should Move to Strengthen Patent Rights
OMB has gotten sandbagged by Big Tech companies and special interests that prefer weak patents, weak patent rights and unreliable patents.
A Victory for Innovators and Dynamic Competition
The Ninth Circuit’s thorough reversal of a thoroughly irredeemable district court ruling in FTC v. Qualcomm represents a decisive win for U.S. innovators in cutting-edge technological fields. This unanimous judgment illustrates how the exclusive right over a patented invention for a limited period ought to be understood in relation to antitrust.
Restoring the Gold Standard of American Innovation Through Patent Legislation
Cutting-edge technologies come in the context of U.S. industrial competitiveness, namely concerning an aggressive China that doesn’t hesitate to use compulsion and crookedness to advance its totalitarian agenda. Yet, the American patent system has been weakened.
The Steady Separation of Patents and Property Rights
The world’s patent “gold standard” has lately suffered vigorous attack. The cumulative effect has rendered patent rights less secure and less enforceable, patents weaker and less certain, and ownership in one’s inventions alienable.