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Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional … articulations of individual officer liability found in both patent and copyright law can be attributed to two factors: (1) the … (2) judicial reluctance to apply the strict liability standard of patent and copyright law to individuals as opposed to …
Persistent link: https://www.econbiz.de/10013052722
creativity (focusing on patent, trade secret, and copyright protection) and protecting integrity of the commercial marketplace … protection and other means of addressing the economic problem (such as public funding and prizes in the case of patent and …
Persistent link: https://www.econbiz.de/10014023491
patent law where policymakers have expanded protection without concomitantly evaluating the impact of that move on follow … failures are becoming endemic. Dean O'Rourke argues that to ensure that patent law achieves its constitutional goals, it shuld … defense that, while modeled on copyright doctrine, accounts for and protects patent law's particular incentive scheme …
Persistent link: https://www.econbiz.de/10014225016
Since the Federal Circuit’s 2007 In re Bilski decision and the Supreme Court’s 2008 Bilski v. Kappos decision, patent … law’s subject-matter eligibility standard under 35 U.S.C. § 101 has been uncertain. This paper posits patent law's patent …. 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 … cohesiveness of their coalition. Patent interests groups, which are splintered, have struggled to obtain comparatively modest … patent law reforms. However, with the failed push to implement ACTA and the success of the patent sector in getting the AIA …
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
The assertion that a 'license' is simply a 'contract not to sue' has become a commonplace in both copyright and patent …
Persistent link: https://www.econbiz.de/10014172527
Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...
Persistent link: https://www.econbiz.de/10013234254
This pair of papers involves a reprinting of "Of Harms and Benefits: Torts, Restitution, and Intellectual Property," 21 J. LEGAL STUDIES 449 (1992), along with an introduction to that article for students, entitled "Copyright as Tort's Mirror Image". Both involve comparisons between statutory...
Persistent link: https://www.econbiz.de/10014075902
covered. The first is legal liability for harm. Here we discuss liability rules as incentives to reduce risk, issues of risk …-bearing and insurance, and the costs of the liability system. Second, we consider property law, where we address the nature and …
Persistent link: https://www.econbiz.de/10014024839