Rapid advances in digital and life sciences technology continue to spur theevolution of intellectual property law. As professors and practitioners inthis field know all too well, Congress and the courts continue to developintellectual property law and jurisprudence at a rapid pace. For thatreason, we have significantly augmented and revised "Intellectual Propertyin the New Technological Age.The 2016 Edition reflects the following principal developments:● Trade Secrets: Congress passed the Defend Trade Secrets Act of 2016, oneof the most momentous changes in the history of trade secret protection. Thenew law opens up the federal courts to trade secret cases, provides for exparte seizures of misappropriated trade secrets in “extraordinarycircumstances,” and establishes immunity for whistleblowers.● Patents: The past several years have witnessed some of the mostsignificant developments in U.S. patent history — from the establishment ofthe new administrative review proceedings at the Patent Office to importantshifts in patent-eligibility, claim indefiniteness, and enhanced damages atthe Supreme Court and means-plus-function claim interpretation andinfringement doctrine at the Federal Circuit. We have restructured thepatent chapter to illuminate these areas. We have also significantlyexpanded coverage of design patents in response to the growing importanceof this form of protection.● Copyrights: The Supreme Court issued important decisions addressing thepublic performance right and the first sale doctrine. The past few yearsalso witnessed important developments in the Online Service Provider safeharbor, fair use, and state protection for pre-1972 sound recordings. Wehave also integrated the digital copyright materials into a unifiedtreatment of copyright law and substantially revamped the fair use sectionto reflect the broadening landscape of this important doctrine.● Trademarks: We have integrated important cases on federal registrabilityof disparaging marks, merchandising rights, likelihood of confusion on theInternet, and remedies.● Other State Protections: We have updated material on the right ofpublicity, an active and growing area. We have also reorganized the chapterand focused it on IP regimes.
The critical study on the protection scheme for the right of publicity by the Unfair Competition Prevention and Trade Secret Protection Act