‘Government Suppression of IP’

Doni Bloomfield, ‘Intellectual Antiproperty: Export Controls and the Transformation of IP’ (January 13, 2025), available at SSRN. Intellectual property laws are government policies to encourage the creation and dissemination of information. But there are also laws allowing the US government to suppress IP-protected technical knowledge, and Doni Bloomfield’s insightful article argues that IP scholars should pay more attention to these forms of ‘intellectual antiproperty’. Just as intellectual property laws allow innovators to capture some positive externalities of their efforts, Bloomfield argues that intellectual antiproperty laws address some of the negative externalities – at least as they relate to national security. And with increasing global competition between the US and Chinese governments, these laws are likely to grow in importance … (more)

[Lisa Larrimore Ouellette, JOTWELL, 14 March 2025]

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