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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

A Few Words And A Brief Recap Of The Jptrca’S Journey, David R. Irvin Apr 2019

A Few Words And A Brief Recap Of The Jptrca’S Journey, David R. Irvin

Journal of the Patent and Trademark Resource Center Association

The Journal of the Patent and Trademark Resource Center has transitioned to TigerPrints at Clemson University. Here we offer some insight about why the Publications Committee recommended the move.


Thoughts On Patents And Information Literacy, Dave Zwicky Mar 2019

Thoughts On Patents And Information Literacy, Dave Zwicky

Journal of the Patent and Trademark Resource Center Association

Patents are an under-used information source, in part because of an often-narrow focus by patent librarians on the tools and techniques of patentability searching. This approach can ignore a range of potential applications of patent information, using patents in their contexts as technical, design, historical, legal, and commercial documents. This paper suggests the adoption of a flexible approach, viewing patents and patent information in the greater context of information literacy, including that of the Association of College and Research Libraries’ Framework for Information Literacy for Higher Education, more commonly known as the ACRL Framework.


The Football As Intellectual Property Object, Michael J. Madison Jan 2019

The Football As Intellectual Property Object, Michael J. Madison

Book Chapters

The histories of technology and culture are filled with innovations that emerged and took root by being shared widely, only to be succeeded by eras of growth framed by intellectual property. The Internet is a modern example. The football, also known as the pelota, ballon, bola, balón, and soccer ball, is another, older, and broader one. The football lies at the core of football. Intersections between the football and intellectual property law are relatively few in number, but the football supplies a focal object through which the great themes of intellectual property have shaped the game: origins; innovation and …


In The Shadow Of The Law: The Role Of Custom In Intellectual Property, Jennifer E. Rothman Jan 2019

In The Shadow Of The Law: The Role Of Custom In Intellectual Property, Jennifer E. Rothman

All Faculty Scholarship

Custom, including industry practices and social norms, has a tremendous influence on intellectual property (“IP”) law, from affecting what happens outside of the courts in the trenches of the creative, technology, and science-based industries, to influencing how courts analyze infringement and defenses in IP cases. For decades, many scholars overlooked or dismissed the impact of custom on IP law in large part because of a belief that the dominant statutory frameworks that govern IP left little room for custom to play a role. In the last ten years, however, the landscape has shifted and more attention has been given to …