In their seminal 1972 article, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," Guido Calabresi and A. Douglas Melamed proposed an analytic framework for comparing entitlements protected by property rules and liability rules. Their article has become one of the...

Although patents are the prototypical type of protection that most people consider applicable to protecting drugs, patents are just the most-established and well-known method available to protect drugs from competition. However, there are other types of mechanisms in regulatory laws that provide...

Copyright protection of the restoration and reconstruction of works, especially of public domain works, is a controversial matter. One of the pillars of copyright protection, the requirement that the work is original, that is, it originates from the author and does not derive entirely from a...

The Supreme Court tells us that originality is the sine qua non of copyright. I argue that uniqueness is the sine qua non. Copyright only protects unique work, a one-of-a-kind – a work that no one created before (novel) and that no one could independently create after (unrepeatable). The Court...

The Leahy-Smith America Invents Act, the most significant patent law reform effort in two generations, has a dark side: It seems likely to decrease the patenting behavior of small inventors, a category which occupies special significance in American innovation history. In this paper we...

This paper discusses how clerical errors made in documents relating to patents should be dealt with. It takes as its cue a recent case that overturned the Canadian Patent Office’s refusal to correct an error – a patent agent’s supply of the wrong serial number of a patent when remitting...

Much recent literature has characterized the Federal Circuit’s patent scope jurisprudence as “formalistic.” Another extensive set of literature has characterized the Federal Circuit’s patent scope jurisprudence as wildly indeterministic. If formalism is defined as decision-making...

At the start of the Industrial Revolution, patentees created many novel and complex transactions to commercialize their property: they maximized their profits through sophisticated agreements that imposed restrictions on manufacturing, sales, and other uses of their inventions. When these...

This contains the Table of Contents and Introduction for a book retracing the origins of Geographical Indications (GI) protection and the process by which they have emerged as a distinct category of subject matter within international Intellectual Property (IP) law. It sets out to locate GIs...

This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. Legal and policy questions concerning creativity and innovation usually focus on producing new knowledge and offering access to it....