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Notes On Preemption And Misc - 1981, Wendy J. Gordon
Notes On Preemption And Misc - 1981, Wendy J. Gordon
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As one of my students indirectly commented (the Herzog midterm?), section 301 PURPORTS to be exclusive. "Nothing in this title shall annul state rights etc." One student, Chris Binnig, indirectly suggested a way out of the exclusivity problem, other than the common sense of Abrams, namely that 301 talks about the general scope of copyright- something which may require some policy inquiry.
Notes On Misc Re Contract - 1981, Wendy J. Gordon
Notes On Misc Re Contract - 1981, Wendy J. Gordon
Scholarship Chronologically
Once there is a patent, voluntarily-accepted user restrictions may not be enforceable. Or, at least, an attempt on the patentee's part to condition access of certain types on obtaining such restrictions, may be impossible. See 30 BNA PTCJ 104 (5/30/85)(Restrictions voided on availability of deposited yeast strains.) Filed under Yeast case.