. The article argues that technology, with its legal protection, can be used to expand the patent monopoly, or even supplant … effects of access- and use-controlling technology on the patent monopoly and, drawing on the experience of other jurisdictions … the Copyright Act can be misused to expand the patent monopoly. One recommendation is to change the proposed provisions in …

injunctions in patent and copyright cases, and that therefore the mere fact a defendant has infringed a patent or a copyright does … post-judgment copyright or patent infringements. Until such time as Congress creates a new form of compulsory licensing …

, especially copyright and patent. This expansion has caused overlap to occur between rights, thus allowing for an inefficient … individual right. The overlap between copyright and patent has especially proven to be problematic when applied to computer …

It is time to update the idea of “patent fair use” to account for the evolution of technology and of inventive … paradigms in the years since O'Rourke's seminal proposal in 2000. A fair-use-type ex post approach to cabining patent … of “patent fair use 2.0” factors: 1) Is there a “justifiable” failure to purchase or license? 2) Did the infringer make a …

The EU software patent could be the long awaited resolve to an extensive debate around software. The resolution should … be based on the understanding of the copyright and patent basics, the legal conflict between territoriality and the … internet, the experience of the existing US software patent, and the identification of the interested parties.In 2013 EU …

meet our international obligations, Congress ignored the Constitution, specifically the Patent and Copyright Clause. In … this Essay, I describe how the Patent and Copyright Clause17 insists that Congress cannot so readily trade America's “air.” …