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Trade Secrets, Property, And Social Relations, Steven Wilf
Trade Secrets, Property, And Social Relations, Steven Wilf
Faculty Articles and Papers
No abstract provided.
Towards An Integrated Theory Of Intellectual Property, Peter Siegelman, Gideon Parchomovsky
Towards An Integrated Theory Of Intellectual Property, Peter Siegelman, Gideon Parchomovsky
Faculty Articles and Papers
In recent years, the importance of intellectual property law both as an academic discipline and as a real world phenomenon has risen meteorically. Oddly, however, there exists a striking misfit between the academic theory of intellectual property and its use in the real world. Economists and legal scholars tend to treat each of the constituent fields of intellectual property as discrete and insular. Worse yet, the same insularity has pervaded the United States Supreme Court's intellectual property jurisprudence. Most recently, in TrafFix Devices v. Marketing Displays, Justice Kennedy opined that "[trademark law] does not exist to reward manufacturers for their …
Afterword: The Role Of The Competition Community In The Patent Law Discourse, Hillary Greene
Afterword: The Role Of The Competition Community In The Patent Law Discourse, Hillary Greene
Faculty Articles and Papers
The Federal Circuit is the most visible point of the intersection between competition and patent law. When a single case contains both competition and patent issues, precedents of that court, including those pertaining to governing legal burdens or presumptions, will be critical. It is worth considering whether and how actual or assumed consumer welfare trade-offs are reflected in those decisions. Additionally, the basic decision to confer patents, and the attendant choices regarding their breadth, scope, and other aspects, also reflect social value judgments that directly implicate competition. The competition community can help both to focus attention upon and to illuminate …