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Thirty Two Short Stories About Intellectual Property, Stephen M. Mcjohn, Lorie Graham
Thirty Two Short Stories About Intellectual Property, Stephen M. Mcjohn, Lorie Graham
Suffolk University Law School Faculty Works
In the United States, intellectual property law is usually viewed as serving economics, by providing an incentive for authors and inventors to create works. The incentive policy, however, ill fits the actual contours of intellectual property law and how artists and inventors use it. Adding other approaches offers a fuller explanation. Intellectual property plays a greater role than economic theory suggests in disclosing technology, and in serving to coordinate cultural values in technology. Intellectual property can serve human rights (similar to the moral rights approach in some jurisdictions), by allowing people to control the way that their works are publicly …
Top Tens In 2010: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn
Top Tens In 2010: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This piece discusses notable intellectual property decisions in 2010 in the United States. Viewed across doctrinal lines, some interesting threads emerge. The scope of protection was at issue in each area, such as whether human genes and business methods are patentable, whether a product idea may be a trade secret, and where the constitutional limits on copyright legislation lie. Secondary liability remains widely litigated, as rights holders seek both deep pocket defendants and a means to cut off individual infringers. The courts applied slightly different standards as to the state of mind required for secondary liability. Many of the cases …
Leverage: Review Of Burk & Lemley, 'The Patent Crisis And How The Courts Can Solve It', Stephen M. Mcjohn
Leverage: Review Of Burk & Lemley, 'The Patent Crisis And How The Courts Can Solve It', Stephen M. Mcjohn
Suffolk University Law School Faculty Works
Dan L. Burk and Mark A. Lemley’s “The Patent Crisis and How the Courts Can Solve It” (The University of Chicago Press, 2009) is valuable for anyone interested in patent law. The book serves two goals. First, it suggests how patent reform in the United States can best be accomplished: not through Congressional amendment of the patent statute, but by judicial implementation of industry-specific reforms, in interpreting the existing act. Some jurisdictions, such as India, already differentiate between industrial sectors more explicitly in patent policy than the United States. Second, of interest to patent law worldwide, the book provides a …