Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Intellectual Property (5)
- Property Rights (2)
- Computer Software (1)
- Defend Trade Secrets Act of 2016 (1)
- Economic Conditions And Policy - Property And Wealth (1)
-
- Economics (1)
- Editorials (1)
- Government Liability -- United States -- States (1)
- Law (1)
- Law & Economics (1)
- Nondisclosure Agreements (1)
- Patent law (1)
- Patent reform (1)
- Patent system (1)
- Public policy (1)
- Real Property (1)
- Social Movements (1)
- Technology (1)
- Trade Secrets (1)
- U.s. States (1)
- Whistleblower Immunity (1)
- Publication Year
- File Type
Articles 1 - 17 of 17
Full-Text Articles in Law
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell
Peter Menell
In crafting the Defend Trade Secrets Act of 2016 (DTSA), Congress went beyond the federalization of state trade secret protection to tackle a broader social justice problem: the misuse of nondisclosure agreements (NDAs) to discourage reporting of illegal activity in a variety of areas. The past few decades have witnessed devastating government contracting abuses, regulatory violations, and deceptive financial schemes that have hurt the public and cost taxpayers and investors billions of dollars. Congress recognized that immunizing whistleblowers from the cost and risk of trade secret liability for providing information to the Government could spur law enforcement. But could this …
Economic Implications Of State Sovereign Immunity From Infringement Of Federal Intellectual Property Rights, Peter S. Menell
Economic Implications Of State Sovereign Immunity From Infringement Of Federal Intellectual Property Rights, Peter S. Menell
Peter Menell
No abstract provided.
A Method For Reforming The Patent System, Peter Menell
A Method For Reforming The Patent System, Peter Menell
Peter Menell
The principal recent studies of patent reform (NAS (2004), FTC (2003), Jaffe and Lerner (2004)) contend that a uniform system of patent protection must (or should) be available for "anything under the sun made by man" based upon one or more of the following premises: (1) the Patent Act requires this breadth and uniformity of treatment; (2) "discriminating" against any particular field of "technology" would be undesirable; (3) discrimination among technologies would present insurmountable boundary problems and could easily be circumvented through clever patent drafting; and (4) interest group politics stand in the way of excluding any subject matter classes …
The Property Rights Movement's Embrace Of Intellectual Property: True Love Or Doomed Relationship, Peter S. Menell
The Property Rights Movement's Embrace Of Intellectual Property: True Love Or Doomed Relationship, Peter S. Menell
Peter Menell
No abstract provided.
Tailoring Legal Protection For Computer Software, Peter S. Menell
Tailoring Legal Protection For Computer Software, Peter S. Menell
Peter Menell
No abstract provided.
Intellectual Property And The Law Of Land, Peter S. Menell
Intellectual Property And The Law Of Land, Peter S. Menell
Peter Menell
The author expresses opinion on an essay by professor Richard Epstein on intellectual property and property rights movement. He says the professor acknowledges that governance of intellectual property involves a complex public policy balance that varies from real property governance. He stresses Epstein should agree that the uniform structure of patent law across all innovation may be a significant issue. He notes the demand for more adjustments to the patent system to distinguish among the various fields of inventive activity covered by patent law.
Intellectual Property And The Property Rights Movement, Peter S. Menell
Intellectual Property And The Property Rights Movement, Peter S. Menell
Peter Menell
The article discusses why the effort to equate protecting intellectual property (IP) and tangible property differ in significant ways. The author criticizes the property rights movement for trying to equate IP protection with real property. He discusses the differences between philosophical, legal, economic and political bases for protecting both types of property. He also tackles the various characteristics of intellectual resources.
Intellectual Property, Innovation, And The Environment, Peter Menell, Sahrah Tran
Intellectual Property, Innovation, And The Environment, Peter Menell, Sahrah Tran
Peter Menell
No abstract provided.
This American Copyright Life: Reflections On Re-Equilibrating Copyright For The Internet Age, Peter Menell
This American Copyright Life: Reflections On Re-Equilibrating Copyright For The Internet Age, Peter Menell
Peter Menell
No abstract provided.
The Mixed Heritage Of Federal Intellectual Property Law And Ramifications For Statutory Interpretation, Peter Menell
The Mixed Heritage Of Federal Intellectual Property Law And Ramifications For Statutory Interpretation, Peter Menell
Peter Menell
No abstract provided.
Notice Failure And Notice Externalities, Peter Menell, Michael Meurer
Notice Failure And Notice Externalities, Peter Menell, Michael Meurer
Peter Menell
No abstract provided.
Intellectual Property In The New Technological Age, Peter Menell, Robert Merges, Mark Lemley
Intellectual Property In The New Technological Age, Peter Menell, Robert Merges, Mark Lemley
Peter Menell
No abstract provided.
Patent Case Management Judicial Guide, Peter Menell
Patent Case Management Judicial Guide, Peter Menell
Peter Menell
A comprehensive, user-friendly, and practical judicial guide for managing patent cases. Although similar in many respects to other forms of complex civil litigation, patent cases pose distinctive case management challenges, including complex and dynamic technological facts to a degree rarely encountered in most other areas of litigation, and unique procedures (such as claim construction hearings) that affect and interact with other aspects of the case (such as summary judgment motions and expert reports). In addition, patent cases often entail distinctive and difficult discovery issues, extensive use of experts, and particularly complex dispositive and pretrial motion practice. The authors surveyed federal …
Intellectual Property Law, Peter Menell, Suzanne Scotchmer
Intellectual Property Law, Peter Menell, Suzanne Scotchmer
Peter Menell
No abstract provided.
Economic Aspects Of Intellectual Property, Peter Menell
Economic Aspects Of Intellectual Property, Peter Menell
Peter Menell
No abstract provided.
Intellectual Property: Legal Aspects, Peter Menell
Intellectual Property: General Theories, Peter Menell
Intellectual Property: General Theories, Peter Menell
Peter Menell
This chapter surveys and synthesizes the deepening and widening theoretical landscape of intellectual property. Not surprisingly, the principal philosophical theory applied to the protection of utilitarian works - that is, technological inventions - has been utilitarianism. Utilitarian theorists generally endorse the creation of intellectual property rights as an appropriate means to foster innovation. Non-utilitarian theorists emphasize creators’ moral rights to control their work. Many of these scholars draw upon multiple philosophical strands in constructing their analyses.