Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Intellectual Property And Domestic Relations: Issues To Consider, Ann Bartow
Intellectual Property And Domestic Relations: Issues To Consider, Ann Bartow
Ann Bartow
Intellectual property (IP) is a term that denotes intangible yet legally protected products of human creativity. The main types of IP include patents, copyrights, and trademarks. This article provides an overview of the special IP issues that can arise in the contexts of divorce, estate planning, or probate.
Intellectual Property And Domestic Relations: Issues To Consider When There Is An Artist, Author, Inventor, Or Celebrity In The House, Ann Bartow
Ann Bartow
This article articulates some of the special issues raised by intellectual property in the context of family-law-oriented concerns. It also necessarily explores the characteristics and properties of personal intellectual property in a broader sense. What follows is an overview of the special issues and concerns intellectual property might present in the context of divorce, estate planning, or probate. Please keep one important caveat in mind: Intellectual property has become a very dynamic area of the law. Governing federal patent, copyright, and trademark statutes are extensively amended with astounding frequency. Right of publicity and trade secret law are also constantly evolving. …
Separating Marketing Innovation From Actual Invention: A Proposal For A New, Improved, Lighter And Better-Tasting Form Of Patent Protection, Ann Bartow
Ann Bartow
This Article suggests that commercial entities sometimes obtain patents for reasons unrelated to securing profitable technological monopolies. Patents, especially those with narrow scopes that are easily designed around, may be obtained to disadvantage competitors or to make the patent holder appear innovative, rather than to fence off an invention for commercial exploitation. Patents obtained for nontraditional reasons - denoted leverage and keeping up appearances patents in this Article - may represent highly inefficient uses of both public and private resources. To solve some of these efficiency problems, the author proposes creating a second-tier Origination Patent option, which would offer patentees …