ITIF recommends that policymakers preserve statutory damages for large-scale infringement, allow the private sector to freely negotiate online licensing, and support multi-stakeholder dialogue on further cooperation for DMCA takedown requests.
Balancing Innovation: Managing Current Needs with Future Success in Developing Countries
Failing to acknowledge and respect intellectual property puts future innovation in jeopardy, and it is critically important that we educate developing countries on the benefits of protecting IP before it has lasting effects on not just the global innovation economy, but their own individual innovation economies.
The Digital Millennium Copyright Act turns 15
The Association for Competitive Technology hosted a panel discussion which assessed the DCMA’s history, the truths and misconceptions about what the law does (and what it doesn’t do), how it’s holding up after 15 years, and where Congress is looking to make amendments.
It's Our Pirate Party, We Can Do What We Want
If we want the U.S. movie and television industry to continue to produce the most innovative and creative content around the world, then we need to be willing to pay for it, just like we pay for our cars, our phones and our computers.
How to Craft an Innovation Maximizing T-TIP Agreement
The Transatlantic Trade and Investment Partnership (T-TIP) Agreement should be designed to maximize innovation in the United States and the European Union. Innovation is a central driver of economic growth, and thus a key focal point of U.S. and EU economic development strategies. Ideally, the T-TIP would eliminate all tariffs and non-tariff barriers to trade. However, realistically, both the European Union and the United States are going to make trade-offs, and it is important to make these trade-offs in a manner that promotes innovation-based trade as a fundamental driver of global growth.
Eliminate all tariffs in trade on innovation industries.
Liberalize trade in innovative services, especially telecommunication services and audiovisual services.
Create transparent, science-based regulatory regimes in the pharmaceutical, automotive and agricultural sectors.
Prohibit the use of data center localization as a condition of market access.
Honor existing international data flow agreements, such as the Safe Harbor.
Introduce rules to prevent restrictions on the import and use of commercial encryption technologies.
Lower all barriers to foreign direct investment.
Implement an expansion of the EU-U.S. procurement commitments.
Outlaw the use of forced offsets.
End government production subsidies to areas of innovative trade, like aerospace.
Clarify the scope and coverage of national treatment in the General Agreement on Tariffs and Trade (GATT), explicitly subjecting state-influenced entities to a robust national treatment obligation.
Enshrine 12 years of data exclusivity for biopharmaceutical products.
Adopt a common definition for trade secrets: any information that has economic value (actual or potential), is not generally known to the public, and for which the trade secret owner has taken reasonable measures to keep private.
Establish a bilateral R&D participation model in order to coordinate cross-border pre-competitive research partnerships.
Allow companies participating in pre-competitive research to freely transfer ownership and access rights for foundational IP to affiliates across and between the European Union and the United States.
Why America Gets Copyright Correct and (Some) Libertarians Do Not
Innovation economics holds that a key goal of copyright is to enable a healthy production system that includes not only productivity, quality and innovation, but also national competitiveness. It is this type of system that will create the ability to produce higher quality and more innovative content, not one in which the creators aren’t able to be fairly compensated for their work.