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Full-Text Articles in Law
Copyright And Distributive Justice, Justin Hughes, Robert P. Merges
Copyright And Distributive Justice, Justin Hughes, Robert P. Merges
Notre Dame Law Review
Is our copyright system basically fair? Does it exacerbate or ameliorate
the skewed distribution of wealth in our society? Does it do anything at all
for disempowered people, people at the bottom of the socio-economic hierarchy?
In this Article we engage these questions. Our goal is to begin a more
comprehensive discussion of the effect the copyright system has on the allocation
of wealth in our society.
What's In, And What's Out: How Ip's Boundary Rules Shape Innovation, Mark Mckenna, Christopher J. Sprigman
What's In, And What's Out: How Ip's Boundary Rules Shape Innovation, Mark Mckenna, Christopher J. Sprigman
Journal Articles
Intellectual property law sorts subject matter into a variety of different regimes, each with different terms of protection and different rules of protectability, infringement, and defenses. For that sorting to be effective, IP needs principles to distinguish the subject matter of each system. This paper focuses on one of the most important aspects of border-drawing that our IP system undertakes — identifying “useful” subject matter.
This aspect is critical because our IP system gives utility patent law pride of place and draws the boundaries of the other doctrines in large part to respect utility patent’s supremacy. Yet IP law’s sense …