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Legal Forms And The Common Law Of Patents, Craig Allen Nard
Legal Forms And The Common Law Of Patents, Craig Allen Nard
Faculty Publications
The question of institutional choice is important in all areas of the law, but particularly in the context of patent law with its divergent stakeholders, decentralized variance among industries regarding how the patent system is viewed and relied upon, and a persistent focus on reform in recent years. For over two hundred years, the courts have been the dominant force in the development of patent law. It should therefore come as no surprise to learn that a significant portion of American patent law, including some of the most important and controversial patent law doctrines, is either built upon judicial interpretation …
The Tragedy Of Trips, Peter M. Gerhart
The Tragedy Of Trips, Peter M. Gerhart
Faculty Publications
This Article argues that sound intellectual property policy requires not only that the policymaker establish an appropriate incentive for invention but also that the policymaker determine how the cost of that incentive should be distributed across various classes of consumers. It is the distributive dimension of intellectual property policy that makes existing international institutions such an unsound mechanism for determining global rules for intellectual policy--the policymakers are simply not able to make the appropriate kinds of decisions. I suggest some ways in which institutional structures can be modified to achieve a better balance.
Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss
Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss
Faculty Publications
Patent law today is a complex institution in most developed economies and the appropriate structure for patent law is hotly debated around the world. Despite their differences, one crucial feature is shared by the diverse patent systems of the industrialized world even before the recent trend toward harmonization: modern patent regimes include self-imposed restrictions of executive and legislative discretion, which we refer to as "constitutionalized" systems. Given the lucrative nature of patent monopolies, the long history of granting patents as a form of patronage, and the aggressive pursuit of patronage in most societies, the choice to confine patents within a …
Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart
Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart
Faculty Publications
Introduction to the symposium "The Future of International Intellectual Property: The International Relations of Intellectual Property Law," Cleveland, Ohio March 26,2004.