Intellectual Property Law Essays

An en banc decision is expected within the next few months. Under the agnostic assumption that we cannot assess directly whether …

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The Visual Artists Rights Act of 1990 (VARA) controversially recognized artists’ “moral rights” by protecting their work from alteration or destruction and by preventing the use of an artist’s name on a work he did not create. Yet in recent years their stewardship has been widely criticized, largely on the basis of two particular fail… Snow’s “Two Cultures” thesis is particularly relevant to patent law, a realm where law and science intersect. The Federal Circuit’s December 7, 2009 hearing of oral argument in Ariad v. It is commonly asserted that innovation markets suffer from excessive intellectual property protections, which in turn stifle output.

, the Supreme Court explained that patent law’s nonobviousness doctrine is meant to restrict the award of patents to only “those inventions which would not be disclosed or devised but for the inducement of a patent.” This Article argues that th… Lilly has generated significant interest among those who follow patent policy. But empirical inquiries can neither confirm nor deny this assertion.

An important strand of copyright scholarship explores how the development of modern copyright law was intertwined with the rise of a new ideology of authorship as an individualist act of creation ex nihilo…

It is a distinct pleasure to have the chance to respond to the insightful commentaries of Peter Drahos, Ruth Okediji, and Tomiko Brown-Nagin. Intellectual property law was once an arcane subject.

273 (2004)This Essay offers a framework to explain large-scale effective practices of sharing private, excludable goods.

It starts with case studies of carpooling and distributed computing as motivating problems.

I find much to agree with in each, but I will focus on a few areas of divergence in the hope of clarifying our differences. Today it is at the center of some of the most highly charged political contests of our time.

In recent years, college students, subsistence farmers, AIDS activists, genomic scientists, and free-software programmers have… Courts often use the extent of a patented invention’s commercial success as crucial nontechnical proof of the patent’s validity.

Introduction “Claim construction” is the process by which a court determines the meaning of a patent’s claims—a process that in turn determines the scope of the covered invention.

This process is extremely important because a court must determine what the patent covers before it ca… Google, held that an actor can maintain a copyright interest in her acting performance in a film—independent of the copyright held by the filmmaker—and that this copyright can sometimes be sufficiently powerful to allow the actor to prevent public di… In late February 2014 a group of congresspersons introduced a bill—The American Royalties Too Act of 2014 (known for its catchy abbreviation: the ART Act),1 which, if passed, will grant visual artists2 a right to collect royalties when their artworks are r…


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