The Distributive Effects of IP Registration

M Marcowitz-Bitton, EM Morris - Stan. Tech. L. Rev., 2020 - HeinOnline
Although the law often seeks to level the playing field, all too often the law has the opposite
effect and tilts the playing field in favor of some over others. Intellectual property law is no …

Taking the regulatory nature of IP seriously

MA Lemley - Tex. L. Rev. See Also, 2013 - HeinOnline
Intellectual property (IP) is a form of market entry and price regulation. The government
grants a favored party the legal right to exclude others from entering the market at all (in rare …

Intellectual property rights: From theory to practical implementation

RA Spinello, HT Tavani - Intellectual property rights in a networked …, 2005 - igi-global.com
This chapter presents some foundational concepts and issues in intellectual property. We
begin by defining intellectual objects, which we contrast with physical objects or tangible …

Wagging the Dog-Reconsidering Antitrust-Based Regulating on IP-Licensing

G Schindler - Marq. Intell. Prop. L. Rev., 2008 - HeinOnline
This Article compares how IP licensing is scrutinized by antitrust regimes in the European
Union (EU) and the United States. The result of that comparison leads to the conclusion that …

Intellectual property rights at the crossroad between monopolization and abuse of dominant position: American and European approaches compared

E Arezzo - J. Marshall J. Computer & Info. L., 2005 - HeinOnline
As is very well known, intellectual property rights' throughout the world have recently
experienced a massive expansionist trend. 2 Patent law has slowly stretched the boundaries …

Overprotection and protection overlaps in intellectual property law–the need for horizontal fair use defences

M Senftleben - The Structure of Intellectual Property Law, 2011 - elgaronline.com
During recent decades, intellectual property (IP) protection has been expanded
continuously. 1 New technologies have been found to be eligible for patent protection. 2 …

Preserving the public domain: limits on overlapping copyright and trade secret protection of software

UM Mylly - IIC-International Review of Intellectual Property and …, 2021 - Springer
The traditional understanding of intellectual property (IP) suggests that each IP category has
a discrete subject matter of its own and exceptions thereto. Based on such an understanding …

Secured transactions and IP licenses: comparative observations and reform suggestions

A Tosato - Law & Contemp. Probs., 2018 - HeinOnline
The history of modern intellectual property law commences in the late seventeenth century,
with the enactment of national laws that provided for the appropriation of immaterial goods …

Rethinking Intellectual Property Transactions

JL Tran - SUL Rev., 2015 - HeinOnline
This paper fills an important gap in intellectual property (IP) licensing literature, addressing
the differences between IP and IP rights as a serious blind spot in legal analysis. This paper …

Trademark and copyright enforcement in the shadow of IP law

WT Gallagher - Santa Clara Computer & High Tech. LJ, 2011 - HeinOnline
In recent years, as Congress has created new intellectual property (IP) rights and courts
have often interpreted those rights broadly, legal scholars have frequently decried the …