ASSOCIATION OF INTELLECTUAL PROPERTY RIGHTS &

MANAGEMENT

Literature Review
Sr. Name of Covered Review Research Intended Research Gap
No. Literature
1. The Tragedy of This paper discusses Professor To address a theoretical It does not directly
the Anticommons: Heller's theory of anticommons framework or address the
Property in the property, which is proposed to perspective on property association of
Transition from explain the phenomenon of vacant rights. intellectual property
Marx to Markets storefronts in Moscow. In the rights and
– By Michael A. anticommons scenario, multiple management or the
Heller owners hold exclusion rights to a role of standard-
scarce resource, leading to underuse, setting
akin to a tragedy of the organizations.
anticommons. The paragraph
suggests that the emergence of
anticommons may be a result of
governments defining new property
rights, and overcoming this
challenge requires policymakers to
focus on the content of the property
bundle rather than just ensuring
clarity of rights.1

2. Legal Design and The paragraph you provided The relationship This paper doesn't
the Evolution of discusses the role of the Uniform between intellectual directly relate to
Commercial Commercial Code (UCC) in property rights, your topic. Instead,
Norms – By Jody determining the content of management, and any it focuses on the
S. Kraus commercial law default rules by relevant legal efficiency and
incorporating common merchant frameworks or evolution of
practices. The success of this commercial
1
Michael A. Heller. THE TRAGEDY OF THE ANTICOMMONS: PROPERTY IN THE TRANSITION FROM MARX TO
MARKETS. Retrieved from https://repository.law.umich.edu/cgi/viewcontent.cgi?
article=1608&context=articles. Published in January 1998.
 incorporation strategy is said to strategies. practices under the
depend on the likely efficiency of Uniform
evolved commercial practices. The Commercial Code.
author uses the best available theory
of cultural evolution to analyze how
and why commercial practices
evolve. The conclusion drawn is that
while the incorporation strategy is
considered superior to a system
relying on individual analysis and
experimentation by lawmakers,
common commercial practices and
the laws incorporating them may not
be optimal.2
3. The Origin, The provided paragraph discusses a Whether the dynamics A broader
Development, and shift in the study of social norms, of norms and legal rules perspective on the
Regulation of where economists and rational discussed in the paper interplay between
Norms – By choice theorists now incorporate have direct implications formal legal rules
Richard H. individual behavior to understand for intellectual property and informal social
McAdams the origin and function of norms, rights and their norms within the
complementing traditional management. legal framework.
sociological perspectives. This
approach emphasizes the interplay
between formal legal rules and
informal social norms, as
exemplified in works like Robert
Ellickson's "Order Without Law."
The significance of norms in legal
analysis lies in their ability to
govern behavior independently of
legal rules and influence the
enforcement of those rules. The

2
Jody S. Kraus. Legal Design and Evolution of Commercial Norms.
https://www.jstor.org/stable/10.1086/468001. Published in June, 1997.
 interaction between legal rules and
norms becomes crucial, shaping
behavior and providing insights into
policy choices. The literature
defines norms as informal social
regularities that individuals follow
due to an internalized sense of duty
or fear of external nonlegal
sanctions. Scholars exploring the
dynamics of law and norms find
these informal rules pervasive,
impacting various issues, from
property disputes to contract
enforcement methods and societal
transitions.3
4. Regulating The paragraph you provided The debate on IPR in The paper argues
Scientific outlines the current legal debate scientific research, that legal changes
Research: surrounding intellectual property especially in molecular have not adequately
Intellectual rights in non-commercial scientific biology. It introduces considered contexts
Property Rights research, particularly in molecular the concept of law-and- where communal
and the Norms of biology. It highlights the norms theory and knowledge norms
Science – By Arti intersection of various intellectual argues for the may be more
Kaur Rai property theories and the social importance of conducive to the
norms traditionally governing considering communal central goals of
ownership claims in basic science. knowledge norms in intellectual property.
The article aims to address the certain scientific This implies a gap in
absence of comprehensive analysis research contexts. the understanding of
in the law-and-norms literature how legal
concerning basic scientific research. frameworks address
It argues that legal changes have not or fail to address
sufficiently considered contexts situations where
where communal knowledge norms communal

3
Richard H. McAdams. The Origin, Development, and Regulation of Norms, 96 Mich. L. Rev. 338 (1997).
https://repository.law.umich.edu/mlr/vol96/iss2/4/. Published on July 06, 2018
 may be more conducive to the knowledge norms
central goals of intellectual property might be more
than strict property rights. The beneficial than strict
article suggests that reinforcing property rights in the
efficient norms through legal realm of basic
synergy might be a more effective scientific research.
approach to promoting creation,
disclosure, and development in
scientific research, given the
limitations and imprecision of the
law. The analysis is structured into
four parts, including an introduction
to law-and-norms theory, an
examination of traditional scientific
research norms and legal changes, a
critique of the economic rationale
behind these changes, and a
proposal for preserving a robust
public domain in biotechnology
research by leveraging persistent
research norms. The article
concludes by offering suggestions
on how the law can support and
mirror these efficient norms.4

5. Brief of Amicus The provided paragraph discusses To investigate whether Whether there is a
Curiae Authors the Authors Guild's legal action there are gaps or lack of empirical
Alliance in against Google's Book Search tool inconsistencies in the studies or
Support of and the supportive stance of the application of general comprehensive
Defendant- Authors Alliance. The Authors IPR principles in analyses that
Appellees and Alliance argues that dismantling specific cases involving connect legal cases
Affirmance (The Book Search would negatively digital platforms and involving digital

4
Arti Kaur Rai. REGULATING SCIENTIFIC RESEARCH: INTELLECTUAL PROPERTY RIGHTS AND THE NORMS OF
SCIENCE. https://web.archive.org/web/20010604033620id_/http://www.sandiego.edu:80/~arai/raifinal.pdf.
Published in 1999.
 Authors Guild, impact their mission of helping copyright, and how platforms and
Inc., et al. v. authors reach wider audiences. They these issues relate to the copyright with the
Google, Inc., et assert that Google's Book Search management of broader principles of
al.) (Second activities constitute fair use under intellectual property. IPR and SSOs.
Circuit) – By U.S. copyright law for three main
Pamela reasons: the method enhances book
Samuelson and discoverability in a transformative
David R. Hansen way, aligns with authors' desires to
rescue works from obscurity, and
delivers broad social benefits by
enhancing knowledge accessibility.5

6. Intellectual Intellectual property rights (IPR), A detailed examination The need for a
Property Rights particularly patent claims, pose of existing IPR policies comprehensive
and Standard distinct challenges for standards in standard-setting analysis of the
Setting developers. Post-adoption, members organizations and effectiveness of

5
Samuelson, Pamela and Hansen, David R. SSRN. Brief of Amicus Curiae Authors Alliance in Support of
Defendant-Appellees and Affirmance (The Authors Guild, Inc., et al. v. Google, Inc., et al.) (Second Circuit) (July
10, 2014). Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2470549
may resist sharing implementation assessing their existing IPR policies
rights on favorable licensing terms. effectiveness in in addressing the
During development, some addressing challenges, outlined challenges.
members may strategically withhold and proposing Are current policies
undisclosed patent claims, revealing improvements or new successful in
them after market commitment. strategies to enhance minimizing post-
External owners of essential patent IPR management in the adoption reluctance,
claims may lack motivation to offer ever-evolving covert efforts, and
them on acceptable terms. Standard- landscape of standards motivation issues
setting organizations require IPR development. among members?
policies to address these issues. This
article reviews the history and
evolution of IPR concerns in the
standard-setting landscape,
emphasizing the challenges posed
by patent claims. It discusses
essential components of effective
 IPR management and areas where
current IPR policies encounter
challenges and revisions.6
7. Copyright This paper explores the evolving  To adopt An insufficient
Licenses Are Key intersection of open source software separate exploration of
When Including (OSS) and open standards, copyright rules practical strategies
Software in emphasizing the desire to combine for code within to harmonize OSS
Standards – By their benefits in developing the standards- and open standards
Andy Updegrove interoperable software technologies. setting while addressing the
and Michele It highlights the challenge of organizations complexities of
Herman reconciling differing legal (SSOs). intellectual property
frameworks governing OSS and  To delve into rights (IPR) policies.
standards development, particularly understanding
in the context of intellectual different client
property rights (IPR) policies. perspectives on
Standards-setting organizations licensing and
(SSOs) often face limitations when intellectual

6
Intellectual Property Rights and Standard Setting. Retrieved from
https://www.consortiuminfo.org/guide/participating-in-a-sso/intellectual-property-rights-and-standard-
setting/.
 incorporating software into property rights,
standards, necessitating additional providing
copyright rules. The paper observes insights into the
conflicts between open source varied
licenses and fair, reasonable, and stakeholder
non-discriminatory (FRAND) terms interests and
in SSO IPR policies, proposing potential
separate copyright rules for code to conflicts in the
precisely define conveyed rights. proposed
The authors advocate for a approach.
pragmatic approach within
established legal frameworks,
accommodating differences in
licensing perspectives.7
8. Management of The World Intellectual Property To explore case studies Unable to identify
Academic Organization (WIPO) conducted a where the guidelines whether there are
Intellectual comprehensive survey within the have been existing studies or
Property and university setting to enhance implemented, providing guidelines

7
Andy Updegrove and Michele Herman. Copyright Licenses Are Key When Including Software in Standards.
https://www.consortiuminfo.org/open-source-open-standards/copyright-licenses-are-key-when-including-
software-in-standards/
Early Stage understanding of effective real-world examples of addressing the
Innovation in intellectual property rights (IPR) successful IPR effective
Countries in management. Targeting technology management in management of
Transition – By transfer organizations, research and university settings. intellectual property
WIPO academic IPR management, and rights (IPR) in the
technology transfer, the survey university setting.
identified existing practices and
challenges. The outcomes informed
guidelines focusing on critical
aspects of management, including
patent portfolio handling, optimal
commercialization strategies, and
overall technology management.
Tailored for universities, technology
professionals, researchers, patent
attorneys, and innovative SMEs, the
study provides valuable insights to
contribute to the effective utilization
and commercialization of
 economically valuable IPRs.8
9. More Property The current patent and copyright A comprehensive This paper does not
Rules than frameworks heavily favor property examination of the specify if there is
Property: rules, prioritizing injunctive relief or implications of the existing research on
Revisiting the punitive damages over current property rule- the application of
Right to Exclude compensatory damages for centric frameworks in tangible property
in IP – By BJ Ard infringement. While intended to patents and copyrights, law principles to
preserve creators' incentives, this especially regarding intellectual property.
approach creates challenges for unintentional infringers
unintentional infringers and and projects involving
complicates projects involving multiple IP rights.
multiple intellectual property (IP)
rights. This analysis suggests a shift
toward liability rules, akin to
tangible property law, to address
unintentional infringement and
counter holdout strategies. Despite
greater notice failures and
cumulative production complexity,
the argument draws on tangible
property doctrine's pragmatic

8
WIPO. Management of Academic Intellectual Property and Early Stage Innovation in Countries in Transition
https://www.wipo.int/publications/en/details.jsp?id=4117. Published in 2010
 approach and advocates for adopting
liability rules in IP, proposing policy
levers like a "reasonable search
defense," rejecting property rule
protection for bad-faith bargaining,
and employing state interventions
for patent thickets.9
10. Social Norms and This paper explores the A thorough exploration There is a lack of
Default Rules incorporation of relational contract and analysis of how exploration or
Analysis – By theory into the default rules analysis relational contract integration of
Lisa Bernstein (DRA) framework, challenging the theory can be relational contract
notion that a "relational approach" effectively integrated theory within the
necessitates distinct inquiries. into the framework of framework of
Contrary to Feinman's perspective, default rules analysis default rules analysis
it argues that social norms and (DRA). (DRA). Additionally,
contextual elements integral to it's not clear if
relational theory are directly there's existing
pertinent to key considerations in research on the
prominent DRA approaches. interaction between
Focusing on consent theory and the social norms,
economic approach, the paper contextual aspects,
contends that recognizing the role of and key concerns in

9
BJ Ard. SSRN. More Property Rules than Property: Revisiting the Right to Exclude in IP. 68 Emory L.J. 685
(2019), Univ. of Wisconsin Legal Studies Research Paper No. 1474, Retrieved from
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2811932. Published on September 17, 2017.
 social norms enhances, rather than leading DRA
undermines, DRA's analytic approaches.
framework. It suggests that adapting
DRA theories to integrate relational
factors can provide fresh
perspectives on the default rules
debate and underscores the
importance of considering the
implications of widespread private
alternative dispute resolution (ADR)
in current legal approaches. The
paper advocates for legal default
rules that encourage parties to
choose ADR in socially desirable
situations.10
11. Standards, The U.S. Federal Trade Commission A detailed examination There is a lack of
Intellectual (FTC) found that Rambus, a of the FTC's findings comprehensive
Property computer memory technology and the Court of analysis regarding
Disclosure, and developer, withheld crucial Appeals' decision in the the challenges posed
Patent Royalties information about its intellectual Rambus case, exploring by the lack of
after Rambus – property holdings from the Joint the reasoning behind disclosure in
By Stanley M. Electron Device Engineering both and assessing the standard-setting

10
Lisa Bernstein. Social Norms and Default Rules Analysis.
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?
referer=&httpsredir=1&article=6054&context=journal_articles. Published in 1993.
 Besen & Robert J. Council (JEDEC) during the impact on standard- organizations
Levinson development of Dynamic Random setting organizations. (SSOs) and its
Access Memory (DRAM) standards. implications for
This non-disclosure affected technology lock-in
JEDEC's ability to consider situations.
Rambus's patent royalties, Additionally, it's not
impacting technology adoption. clear if there's
Despite the FTC's conclusion that existing research on
disclosure could have prevented the effects of
subsequent market exploitation, the collective
Court of Appeals overturned the negotiations among
decision, citing unclear rules and technology sponsors
insufficient evidence. The article in the context of
explores the rationale behind both standard
decisions, highlighting the development.
importance of collective
negotiations for technology
sponsors to enhance competition
and considering implications for
standard-setting organization
participants and patent royalties.11
12. Sources and This study explores the landscape of A comprehensive Insufficient
Characteristics of software patenting in the United examination of the understanding or
Software Patents States and the European Union, historical differences in analysis of the
in the European emphasizing historical differences the regulatory landscape of

11
Stanley M. Besen & Robert J. Levinson. Standards, Intellectual Property Disclosure, and
Patent Royalties after Rambus. https://scholarship.law.unc.edu/cgi/viewcontent.cgi?
referer=&httpsredir=1&article=1140&context=ncjolt. Published in 2009.
 Union: Some in regulatory approaches. Despite approaches to software software patenting in
Empirical the initial prohibition in the patenting in the United both the United
Considerations – European Patent Convention, the States and the European States and the
By Francesco European Patent Office (EPO) has Union. European Union,
Rentocchini granted over 30,000 software especially focusing
patents. The focus then shifts to on firm-level factors
factors influencing software influencing software
patenting at the EPO, with a patenting and the
significant presence of American differences in
and Japanese companies. The regulatory
Knowledge Production Function approaches.
approach analyzes firm-level
innovation, revealing a lengthier
granting process for software
patents. Results suggest that
software firms view patents less
favorably as appropriability
instruments, indicating a "threat
effect" from hardware firms. This
in-depth exploration illuminates the
complexities of software patenting
in both regions.12
13. Examiner This paper delves into substantial To investigate the Limited
Characteristics divergences among U.S. Patent and public policy understanding or
and Patent Office Trademark Office (USPTO) implications raised by analysis of the
Outcomes – By examiners and their connection to a the findings, addressing variations among

12
Rentocchini, Francesco. SSRN. Sources and Characteristics of Software Patents in the European Union: Some
Empirical Considerations. Retrieved from https://ssrn.com/abstract=1141714. Published on March 1, 2008.
 Mark A. Lemley critical determination—granting a concerns related to patent examiners at
and Bhaven N. patent. The research discloses that variations in patent the U.S. Patent and
Sampat examiners with extensive examination outcomes. Trademark Office
experience and a tendency to cite This could involve (USPTO) and how
less prior art are more likely to proposing these variations
approve patent applications. While recommendations or correlate with the
underscoring concerns about public reforms to enhance decision-making
policy implications, these findings consistency and process of granting a
propose that human resource fairness in the patent patent.
policies could significantly approval process.
influence patent system reform. The
identification of examiner patterns
underscores the potential impact of
personnel-related measures on the
efficiency and outcomes of the
patent approval process.13
14. Startups and This paper investigates the influence The study delves into Limited research on
Patent Trolls – By of patent assertion entities (PAEs or the reasons behind the specific impact
Colleen V. Chien patent trolls) on startups, small companies, of patent assertion
emphasizing the unequal earning less than $100 entities (PAEs or
consequences of their demands. million in annual patent trolls) on
Through a comprehensive analysis revenue, being the most startups, particularly
of patent litigations, a non-random unique defendants to focusing on the
survey of 223 tech startups, and troll suits. This could distributional effects
interviews with relevant entities, the include an assessment of their demands.
study uncovers that, contrary to of the vulnerability of
media focus on larger firms, most startups to patent
targets of troll suits are small, with litigation and the

13
Lemley, Mark A. and Sampat, Bhaven N. Examiner Characteristics and Patent Office Outcomes. Stanford Law
and Economics Olin Working Paper No. 369, 94 Review of Economics and Statistics 817 (2012). Retrieved from
SSRN: https://ssrn.com/abstract=1329091. Published on January 1, 2009.
 those earning less than $100 million potential consequences
annually being notably affected. The for innovation.
paper underscores the detrimental
impact on innovation, particularly
for smaller companies, and explores
startup responses, associated costs,
and the potential advantages of a
robust patent market. The
conclusion proposes reforms to
mitigate negative effects and
enhance the benefits for startups in
the patent landscape.14
15. Software "Software Licenses: Principles and Assessing how well it A need for a
Licensing: Practices" is an essential guide for addresses the intricate comprehensive
Principles and legal professionals, business landscape of software resource that
Practical executives, engineers, and law licensing. integrates the latest
Strategies – By students, offering a comprehensive developments in
Michael L. Rustad exploration of software licensing. In software law and
the rapidly evolving digital incorporates best
landscape, the book covers legal and practices for various
strategic aspects, incorporating the stakeholders,
latest software law developments. including attorneys,
Using the hypothetical company business executives,
Suffolk Software Company (SSC), software engineers,
it illuminates key considerations, and law students.
encompassing various license types,
fundamental concepts, warranty
issues, and specialized agreements.
Addressing changes in commercial
law, it focuses on UCITA and the

14
Chien, Colleen V. SSRN. Startups and Patent Trolls. Stanford Technology Law Review, Forthcoming, Santa Clara
Univ. Legal Studies Research Paper No. 09-12, Retrieved from https://ssrn.com/abstract=2146251. Published on
September 28, 2012.
 Principles of the Law of Software
Contracts, providing insights into
cross-border challenges and cultural
nuances. This resource equips
professionals to navigate software
licensing complexities in the global
economy.15
16. Competition Law Detecting antitrust violations in The nuances of antitrust A need for more
Enforcement and intellectual property (IP) encounters laws in the context of precise criteria or
Intellectual challenges due to nuances in intellectual property guidelines in
Property Rights – practices like cross-licensing and rights and assessing the antitrust law,
By Alberto patent pools, not inherently delicate balance especially in the
Heimler prohibited. Antitrust authorities antitrust authorities that European context,
proceed cautiously, mindful of the must be maintained to when it comes to
direct impact on innovation avoid negatively defining "new"
incentives. Beyond patents, impacting incentives products in cases
copyright, and trademarks, antitrust for innovation while where market
laws target issues like price fixing addressing foreclosure hampers
and innovation foreclosure. Cases, anticompetitive competition,
like those handled by the European practices. particularly when
Commission, suggest a dominant intellectual property
company can misuse its position by rights are no longer
denying access to essential IP- applicable.
protected facilities, restricting
consumer access to new products.
While European case law lacks
precision on "new," market
foreclosure hindering competition,
post-IP expiration, is clearer.
Despite concerns about
presumptions, the focus remains on

15
Rustad, Michael L., Software Licensing: Principles and Practical Strategies (September 10, 2010). SOFTWARE
LICENSING: PRINCIPLES AND PRACTICAL STRATEGIES, Oxford University Press, 2010, Suffolk University Law
School Research Paper No. 10-49, Available at SSRN: https://ssrn.com/abstract=1675057
 proving violations when
exclusionary motives lack
alternative explanations, as seen in
pharmaceuticals' use of reverse
payments to avoid patent
challenges.16

16
Heimler and Alberto. SSRN. Competition Law Enforcement and Intellectual Property Rights. Retrieved from
https://ssrn.com/abstract=1105326. Published on March 4, 2008.