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Honest Copying Practices
(Notre Dame Law Review, 2017)
One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital ...
Music As a Matter of Law
(Harvard Law Review, 2018)
What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation ...
Foresight Bias in Patent Law
(Notre Dame Law Review, 2015)
Much of patent reform has focused on efforts to make it harder to obtain and enforce low-quality patents. The most straightforward way to achieve this goal is to raise the substantive standards of patentability. What is ...
Symposium: The Disclosure Function of the Patent System
(Vanderbilt Law Review, 2016)
Achieving a robust disclosure from patent applicants is no easy task because it brings to the fore competing goals of the patent system. For example, the law must strike a balance between its interest in early disclosure ...
Authors, Online
(Columbia Journal of Law & the Arts, 2015)
The fate of professional creators is a major cultural issue. While specific
copyright rules are obviously contingent and should be adapted to the new realities
of online distribution and easy reuse, professional authorship ...
Homogenized Law: Can the United States Learn from African Mistakes?
(Fordham International Law Journal, 2001)
For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law ...
Reinvention
(Notre Dame Law Review, 2017)
It is axiomatic that once an invention has been patented, it cannot be patented again. This aligns with the quid pro quo theory of patents — the public would receive nothing new in exchange for the second patent. Enforcing ...
The Internationalization of Intellectual Property: New Challenges from the Very Old and the Very New
(Fordham Intellectual Property, Media & Entertainment Journal, 2002)
Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth century. Many fundamental concepts (originality in copyright law; confusion in trademark law; novelty or ...