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William & Mary Law Review

Journal

2009

Economics

Articles 1 - 2 of 2

Full-Text Articles in Law

An Alternative Approach To Channeling?, Mark P. Mckenna Nov 2009

An Alternative Approach To Channeling?, Mark P. Mckenna

William & Mary Law Review

Intellectual property law has developed a variety of doctrines to police the boundaries between various forms of protection. Courts and scholars alike overwhelmingly conceive of these doctrines in terms of the nature of the objects of protection. The functionality doctrine in trademark law, for example, defines the boundary between trademark and patent law by identifying and refusing trademark protection to features that play a functional role in a product's performance. Likewise, the useful article doctrine works at the boundary of copyright and patent law to identify elements of an article's design that are dictated by function and to channel protection …


Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann Nov 2009

Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann

William & Mary Law Review

No abstract provided.