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Full-Text Articles in Law

The Path Of Ip Studies: Growth, Diversification, And Hope, Pamela Samuelson, Robert P. Merges, John M. Golden May 2015

The Path Of Ip Studies: Growth, Diversification, And Hope, Pamela Samuelson, Robert P. Merges, John M. Golden

Robert P Merges

Symposium introduction: Steps Toward Evidence-Based IP


The Commercial Law Of Intellectual Property, Robert P. Merges May 2015

The Commercial Law Of Intellectual Property, Robert P. Merges

Robert P Merges

No abstract provided.


Locke Remixed ;-), Robert P. Merges May 2015

Locke Remixed ;-), Robert P. Merges

Robert P Merges

No abstract provided.


The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges May 2015

The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges

Robert P Merges

The article presents information on basic principles concerning foundations of the field of intellectual property (IP) law. It provides information on the basic principles of IP law which include efficiency, proportionality and dignity. It stresses on the granting of IP rights to make a workable foundation. It rejects utilitarianism for lack of precise data and presents an analysis of the three levels of IP law with the help of new technologies.


Of Property Rules, Coase, And Intellectual Property, Robert P. Merges May 2015

Of Property Rules, Coase, And Intellectual Property, Robert P. Merges

Robert P Merges

No abstract provided.


Software And Patent Scope: A Report From The Middle Innings, Robert P. Merges May 2015

Software And Patent Scope: A Report From The Middle Innings, Robert P. Merges

Robert P Merges

In the 1980s and early 1990s, it was commonly said that patents would severely damage the software industry. I review some of these early predictions and hold them up to the light of actual experience. However judged—by overall industry revenues, by product innovation, or by vibrancy of new firm entry—the industry today appears quite robust. I conclude that the early predictions were wrong. This helps explain why we are experiencing what might be called the “normalization” of software patents. Now, the frontier legal issues pertaining to software no longer center on whether it should be patentable in the first place. …


To Waive And Waive Not: Property And Flexibility In The Digital Era: 23rd Annual Horace S. Manges Lecture, April 6, 2010, Robert P. Merges May 2015

To Waive And Waive Not: Property And Flexibility In The Digital Era: 23rd Annual Horace S. Manges Lecture, April 6, 2010, Robert P. Merges

Robert P Merges

No abstract provided.


Space Resources, Common Property, And The Collective Action Problem, Robert P. Merges, Glenn H. Reynolds May 2015

Space Resources, Common Property, And The Collective Action Problem, Robert P. Merges, Glenn H. Reynolds

Robert P Merges

No abstract provided.


The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds May 2015

The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds

Robert P Merges

No abstract provided.


Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges May 2015

Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges

Robert P Merges

No abstract provided.


Apple V. Franklin: An Essay On Technology And Judicial Competence, Robert P. Merges May 2015

Apple V. Franklin: An Essay On Technology And Judicial Competence, Robert P. Merges

Robert P Merges

No abstract provided.


As Many As Six Impossible Patent Before Breakfast: Property Rights For Business Concepts And Patent System Reform, Robert P. Merges May 2015

As Many As Six Impossible Patent Before Breakfast: Property Rights For Business Concepts And Patent System Reform, Robert P. Merges

Robert P Merges

No abstract provided.


Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges May 2015

Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges

Robert P Merges

No abstract provided.


The End Of Friction - Property Rights And Contract In The Newton World Of On-Line Commerce, Robert P. Merges May 2015

The End Of Friction - Property Rights And Contract In The Newton World Of On-Line Commerce, Robert P. Merges

Robert P Merges

No abstract provided.


Reflections On Current Legislation Affecting Patent Misuse, Robert P. Merges May 2015

Reflections On Current Legislation Affecting Patent Misuse, Robert P. Merges

Robert P Merges

No abstract provided.


Incentives To Challenge And Defend Patents: Why Litigation Won't Reliably Fix Patent Office Errors And Why Administrative Patent Review Might Help, Joseph Farrell, Robert P. Merges May 2015

Incentives To Challenge And Defend Patents: Why Litigation Won't Reliably Fix Patent Office Errors And Why Administrative Patent Review Might Help, Joseph Farrell, Robert P. Merges

Robert P Merges

No abstract provided.


Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Dna Sequences, Rebecca S. Eisenberg, Robert P. Merges May 2015

Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Dna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Robert P Merges

No abstract provided.


The Concept Of Property In The Digital Era, Robert P. Merges May 2015

The Concept Of Property In The Digital Era, Robert P. Merges

Robert P Merges

No abstract provided.


Are You Making Fun Of Me: Notes On Market Failure And The Parody Defense In Copyright, Robert P. Merges May 2015

Are You Making Fun Of Me: Notes On Market Failure And The Parody Defense In Copyright, Robert P. Merges

Robert P Merges

No abstract provided.


Uncertainty And The Standard Of Patentability, Robert P. Merges May 2015

Uncertainty And The Standard Of Patentability, Robert P. Merges

Robert P Merges

No abstract provided.


Introductory Note To Brief Of Amicus Curiae In Ebay V. Mercexchange, Robert P. Merges May 2015

Introductory Note To Brief Of Amicus Curiae In Ebay V. Mercexchange, Robert P. Merges

Robert P Merges

No abstract provided.


The Role Of Commercial Development In Preventing War In Outer Space, Glenn H. Reynolds, Robert P. Merges May 2015

The Role Of Commercial Development In Preventing War In Outer Space, Glenn H. Reynolds, Robert P. Merges

Robert P Merges

No abstract provided.


Among The Tribes Of Shasta County, Robert P. Merges May 2015

Among The Tribes Of Shasta County, Robert P. Merges

Robert P Merges

No abstract provided.


Individual Creators In The Cultural Commons, Robert P. Merges May 2015

Individual Creators In The Cultural Commons, Robert P. Merges

Robert P Merges

No abstract provided.


News Media Satellites And The First Amendment: A Case Study In The Treatment Of New Technologies, Robert P. Merges, Glenn H. Reynolds May 2015

News Media Satellites And The First Amendment: A Case Study In The Treatment Of New Technologies, Robert P. Merges, Glenn H. Reynolds

Robert P Merges

No abstract provided.


Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges May 2015

Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges

Robert P Merges

No abstract provided.


Toward An Industrial Policy For Outer Space: Problems And Prospects Of The Commercial Launch Industry, Glenn H. Reynolds, Robert P. Merges May 2015

Toward An Industrial Policy For Outer Space: Problems And Prospects Of The Commercial Launch Industry, Glenn H. Reynolds, Robert P. Merges

Robert P Merges

No abstract provided.


Intellectual Property Rights And The New Institutional Economics, Robert P. Merges May 2015

Intellectual Property Rights And The New Institutional Economics, Robert P. Merges

Robert P Merges

No abstract provided.


Battle Of Lateralisms: Intellectual Property And Trade, Robert P. Merges May 2015

Battle Of Lateralisms: Intellectual Property And Trade, Robert P. Merges

Robert P Merges

No abstract provided.


Autonomy And Independence: The Normative Face Of Transaction Costs, Robert P. Merges May 2015

Autonomy And Independence: The Normative Face Of Transaction Costs, Robert P. Merges

Robert P Merges

No abstract provided.