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creativity (focusing on patent, trade secret, and copyright protection) and protecting integrity of the commercial marketplace … copyright law and direct consumer protection statutes and public enforcement in the case of trademarks). …
Persistent link: https://www.econbiz.de/10014023491
Post-grant validity challenges at patent offices rely on the private initiative of third parties to correct mistakes made by patent offices. We hypothesize that incentives to bring post-grant validity challenges are reduced when many firms benefit from revocation of a patent and when firms are...
Persistent link: https://www.econbiz.de/10010352087
This paper analyzes the consequences of radical patent-regime change by exploiting a natural experiment: the forced adoption of the Prussian patent system in territories annexed after the Austro-Prussian War of 1866. Compared to other German states, Prussia granted patents more restrictively by...
Persistent link: https://www.econbiz.de/10012317577
Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional … corporate, agency, and tort law doctrines. This manuscript explores why the case law in federal patent and copyright cases … articulations of individual officer liability found in both patent and copyright law can be attributed to two factors: (1) the …
Persistent link: https://www.econbiz.de/10013052722
, like copyright law, use a fair use defense to address problems of market failure. Dean O'Rourke proposes just such a … defense that, while modeled on copyright doctrine, accounts for and protects patent law's particular incentive scheme …
Persistent link: https://www.econbiz.de/10014225016
. Somewhat analogous to copyright law, it also presents a Downward Patent-Eligibility Hand Abstractions Test from an alleged …
Persistent link: https://www.econbiz.de/10014156915
intellectual property coalitions that fought these battles have splintered with copyright and patent holders pursuing initiatives … opposition. Until now, copyright interest groups has enjoyed the most success in enacting legislative change through the …
Persistent link: https://www.econbiz.de/10014161916
The Constitution grants Congress the power to promote the progress of science and the useful arts through the intellectual property clause. Scholars and the courts understand “progress” to mean an increase in the creation and dissemination of copyrighted works and patented inventions It is...
Persistent link: https://www.econbiz.de/10014083347
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