he third component of the Hoover Project on Commercializing Innovation studies the role of property rights in various intangible assets in the developing world. For example, we explore the ways in which property rights in bank charters, contracts, debt instruments, and shareholder equities have all been eroded in Mexico, resulting in there being practically no banking system in the entire country. As another example, while countries like India, Argentina, and Brazil, which have extensive manufacturing facilities that would require payments to holders of biotechnology patents, are aggressively pushing efforts in the U.N. to attack drug patents, more successful developing countries in Africa, like Botswana and Malawi, are working tirelessly to help strengthen the rule of law by enforcing property rights in intangibles like contracts and IP. Predictable enforcement of property rights in intangibles can be key to fostering economic growth and development, especially in the less developed countries of the world.
Note: Having been nominated by President Barack H. Obama, and confirmed by the Senate, to serve as a Commissioner at the U.S. International Trade Commission, F. Scott Kieff swore into and took up his government post on October 18, 2013, after stopping his work for and resigning all of his roles at Stanford University’s Hoover Institution, which included having served as Ray & Louise Knowles Senior Fellow at Hoover; as Director and Member of the Research Team of the Hoover Project on Commercializing Innovation; as Member of the Steering Committee and Research Team of the Hoover Working Group on Intellectual Property, Innovation, and Prosperity; and as Member of the John and Jean De Nault Task Force on Property Rights, Freedom, and Prosperity; and after also taking a leave of absence from his post as Fred C. Stevenson Research Professor at the George Washington University Law School.
Selected works on Property Rights, Finance, and Developing Economies:
- Property, Regulatory Policy, or Hybrid? The Elusive Status of Intellectual Property, Perspectives from Free State Foundation Scholars, Jan. 2011, Richard A. Epstein.
- The Unraveling of Patents in the US, Financial Times, Mar. 31, 2009, Richard Epstein.
- The Treatment Of Know-How In International R&D Cooperation: The United States of America, in The Treatment of Know How in International R&D Cooperation (Umgang mit Know-how in internationalen F&E-Kooperationen), edited by Peter Ganea and Nina Klunker for the Fraunhofer Institute for Manufacturing Technology, the Machine Tool Laboratory of the Technical University of Aachen and the Munich Intellectual Property Law Center under the German Ministry of Research and Education’s project Igniting Ideas, F. Scott Kieff.
- Latin America’s Quiet Revolution, Wall Street Journal, January 30, 2009, Stephen H. Haber
- Community and Custom in Property, 10 Theoretical Inq. L. 5 (2009), Henry E. Smith.
- Quanta v. LG Electronics: Frustrating Patent Deals by Taking Contracting Options off the Table?,2007/2008 Cato Sup. Ct. Rev 315 (2008), F. Scott Kieff.
- On the Importance to Economic Success of Property Rights in Finance and Innovation (July 2008). Stanford Law and Economics Olin Working Paper No. 359
- On the Economics of Patent Law and Policy, in Patent Law and Theory: A Handbook of Contemporary Research (Toshiko Takenaka ed., 2008), F. Scott Kieff.
- How to Break the Deadlock Preventing a Fair and Rational Use of Biodiversity, 11 J. of World Intellectual Property 229 (2008), Joseph Straus.
- On Coordinating Transactions in Intellectual Property: A Response to Smith’s Delineating Entitlements in Information, 117 Yale Law Journal Pocket Part 101 (2007), F. Scott Kieff.
- Related Lending and Economic Development. Robert Cull, Stephen H. Haber and Masami Imai.
- Coordination, Property & Intellectual Property: An Unconventional Approach to Anticompetitive Effects & Downstream Access, 56 Emory Law Journal 327 (2006). F Scott Kieff.
- Related Lending and Economic Performance: Evidence from Mexico. Noel Maurer and Stephen H. Haber.
- Political Institutions and Financial Development: Evidence from the Economic Histories of Mexico and the United States. Stephen H. Haber.
- IP Transactions: On the Theory & Practice of Commercializing Innovation, 42 Houston Law Review 727 (2005), F. Scott Kieff.
- Development Strategy or Endogenous Process? The Industrialization of Latin America. Stephen H. Haber.
- Foreign Banks and the Mexican Economy, 1997-2004. Stephen H. Haber and Aldo Musacchio.
- Banking With and Without Deposit Insurance: Mexico’s Banking Experiments, 1884-2004. Stephen H. Haber.
- Why Institutions Matter: Banking and Economic Growth in Mexico. Stephen H. Haber.
- Mexico’s Experiments with Bank Privatization and Liberalization, 1991-2003. Stephen H. Haber.
- The Case against Copyright: A Comparative Institutional Analysis of Intellectual Property Regimes, Stanford Law and Economics Olin Working Paper No. 297; Washington University School of Law Working Paper No. 04-10-01, F. Scott Kieff.
- The Basics Matter: At the Periphery of Intellectual Property, 73 George Washington Law Review 174(2004), F. Scott Kieff and Troy A. Paredes. Also published in Developments in the Economics of Copyright: Research and Analysis (Lisa N. Takeyama et al. eds., Edward Elgar) (2005).
- When the Law Does Not Matter: The Rise and Decline of the Mexican Oil Industry, 63 The Journal of Economic History 1. Stephen H. Haber, Noel Maurer, and Armando Razo.
- Banks, Financial Markets, and Industrial Development: Lessons from the Economic Histories of Brazil and Mexico, published in Latin American Macroeconomic Reforms: The Second Stage (José Antonio Gonzalez, Vittorio Corbo, Anne O. Krueger, and Aaron Tornell eds., University of Chicago Press 2003). Stephen H. Haber.
- Property Rights and Property Rules for Commercializing Inventions, 85 Minnesota Law Review 697(2001), F. Scott Kieff.
- The Rate of Growth of Productivity in Mexico, 1850-1933: Evidence from the Cotton Textile Industry, 30 Journal of Latin American Studies 481, Stephen H. Haber.
- The Efficiency Consequences of Institutional Change: Financial Market Regulation and Industrial Productivity Growth in Brazil, 1866-1934, published in Latin America and the World Economy Since 1800 (John H. Coatsworth and Alan M. Taylor eds., Harvard University Press 1998). Stephen H. Haber.
- Business Enterprise and the Great Depression in Brazil: A Study of Profits and Losses in Textile Manufacturing, 66 The Business History Review 335, Stephen H. Haber.
- Assessing the Obstacles to Industrialisation: The Mexican Economy, 1830-1940, 24 Journal of Latin American Studies 1, Stephen H. Haber.
- Industrial Concentration and the Capital Markets: A Comparative Study of Brazil, Mexico, and the United States, 1830-1930, 51 The Journal of Economic History 559, Stephen H. Haber.
- The Industrialization of Mexico, 1890-1940: The Structure and Growth of Manufacturing in an Underdeveloped Economy, 47 The Journal of Economic History 493, Stephen H. Haber.
- Political Institutions and Financial Development (Stephen H. Haber, Douglass C. North, and Barry R. Weingast eds., Stanford University Press 2007). The essays in this volume employ the insights and techniques of political science, economics, and history to provide a fresh answer to the question of why some countries develop better financial systems than others.
- The Politics of Property Rights: Political Instability, Credible Commitments, and Economic Growth in Mexico, 1876-1929 (Cambridge University Press 2003), Stephen H. Haber, Armando Razo, and Noel Maurer. Part of a series on the Political Economy of Institutions and Decisions.
- Brief of Various Law Professors as Amici Curiae in Support of the Respondents in Quanta v. LG, Supreme Court of the United States, No. 06-937 (Dec. 10, 2007). F. Scott Kieff, Troy A. Paredes, and R. Polk Wagner.
- Smart Pills, IP Law & Business, Oct. 2006, at 36, F. Scott Kieff. Alternative version published as The Importance of Patents, Op/Ed., National Law Journal, Aug. 14, 2006.
- Brief of Various Law & Economics Professors as Amici Curiae in Support of Respondent, eBay v. MercExchange, Supreme Court of the United States, No. 05-130 (Mar. 10, 2006). Richard Epstein, R. Polk Wagner, F. Scott Kieff, and David Teece.
- Patent Law, Injunctions and the Public Interest, Letter to the Editor, Wall Street Journal, March 10, 2006, at A19. Richard E. Epstein, F. Scott Kieff, and R. Polk Wagner.
- Property rights in patent law. Presentation by F. Scott Kieff given at St. Louis University School of Law November, 2008.
- Property Rights in Intellectual Property: Impacts on Innovation and Competition, presented by F. Scott Kieff on September 22nd, 2008 at the Meeting of the Gathering 1.0 in Palo Alto.
- On the Importance of Property Rights in Intangibles like IP to Access, Competition, and Economic Development by F. Scott Kieff, presented to seminars Melbourne and Sydney and a conference in Singapore in Feb-Mar 2008.
- The Case for Preferring Patent Validity Litigation over Second Window Review and Gold Plate Patents, talk given at the University of Pennsylvania Law Review Foundations of Intellectual Property Reform Symposium, January 16, 2009. F. Scott Kieff.
- FTC Panel on Economic Perspectives on IP and Technology Markets, part of the FTC Hearings on the Evolving IP Marketplace – The Operation of IP Markets, March 19, 2009, F. Scott Kieff. Video. Transcript.
- United States Federal Trade Commission and Department of Justice Antitrust Division Joint Hearings on Competition and Intellectual Property (Apr. 10, 2002). Transcript. Invited testimony of F. Scott Kieff.