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Full-Text Articles in Law
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Faculty Publications
Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses …
Trademark As Promise, Laura A. Heymann
Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann
Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann
Faculty Publications
Overlaps exist across various doctrines in federal intellectual property law. Software can be protected under both copyright law and patent law; logos can be protected under both copyright law and trademark law. Design patents provide a particular opportunity to consider the issue of overlap, as an industrial design that qualifies for design patent protection might also, in particular circumstances, qualify for copyright protection as well as function as protectable trade dress.
When an overlap issue arises—that is, when an intellectual property rights holder asserts rights under more than one doctrine—the question then becomes how courts should respond. One response, of …
The Intellectual Property System Of The U.S. And Its Discontents
The Intellectual Property System Of The U.S. And Its Discontents
Stanley H. Mervis Lecture
No abstract provided.
Copyright In Libraries: 21st Century Challenges...And Opportunities, James S. Heller
Copyright In Libraries: 21st Century Challenges...And Opportunities, James S. Heller
Library Staff Publications
No abstract provided.
Crossing The Line?: Copyright For Libraries, Frederick W. Dingledy
Crossing The Line?: Copyright For Libraries, Frederick W. Dingledy
Library Staff Publications
No abstract provided.