scholarly journals Beyond Preemption: The Law and Policy of Intellectual Property Licensing

1999 ◽  
Vol 87 (1) ◽  
pp. 111 ◽  
Author(s):  
Mark A. Lemley
Keyword(s):  
Intellectual Property ◽  
Law And Policy ◽  
The Law

scholarly journals Beyond Preemption: The Federal Law and Policy of Intellectual Property Licensing

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
Public Policies ◽  
Property Law ◽  
State Law ◽  
Federal Law ◽  
Intellectual Property Law ◽  
Law And Policy ◽  
Commercial Code ◽  
The Law

Proposed Uniform Commercial Code article 2B, which will govern transactionsin information, will remake the law of intellectual property licensing in aradical way. But federal and state intellectual property policies imposesignificant limits on the ability of states to change these rules bycontract law. One such limit is preemption, but preemption is unlikely toprovide sufficient protection for the established rules of intellectualproperty law. Three other sets of doctrines will limit the ability ofparties to set their terms by contract, even in the UCC 2B world. The firstdoctrine is copyright misuse, which has been applied against restrictivelicensing provisions. The second set of doctrines provides that a number oflicensing rules are decided as questions of federal, not state, law. Thethird doctrines are state public policies that cannot be overriden bycontract. Taken together, these doctrines create a patchwork federal policyof intellectual property law that UCC 2B cannot alter.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

The New Private Law and Intellectual Property

2020 ◽  
pp. 408-426
Author(s):  
Molly Shaffer Van Houweling
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Private Law ◽  
Concepts And Categories ◽  
The Common ◽  
The Law ◽  
Law Courts ◽  
Legal Concepts

This chapter studies intellectual property (IP). A hallmark of the New Private Law (NPL) is attentiveness to and appreciation of legal concepts and categories, including the traditional categories of the common law. These categories can sometimes usefully be deployed outside of the traditional common law, to characterize, conceptualize, and critique other bodies of law. For scholars interested in IP, for example, common law categories can be used to describe patent, copyright, trademark, and other fields of IP as more or less “property-like” or “tort-like.” Thischapter investigates both the property- and tort-like features of IP to understand the circumstances under which one set of features tends to dominate and why. It surveys several doctrines within the law of copyright that demonstrate how courts move along the property/tort continuum depending on the nature of the copyrighted work at issue—including, in particular, how well the work’s protected contours are defined. This conceptual navigation is familiar, echoing how common law courts have moved along the property/tort continuum to address disputes over distinctive types of tangible resources.

Property in Human Body Parts

2020 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Human Body ◽  
First Principles ◽  
The Political ◽  
Body Parts ◽  
Cautionary Tale ◽  
Regulatory Approach ◽  
Legal Position ◽  
The Law

This chapter surveys the current legal position concerning property in bodies and bodily materials. Of especial relevance in the current age of advanced genetic and other bio technologies, it looks beyond property in bodies and their materials ‘as such’ to consider also (a) the availability of rights of personal and intellectual property in objects incorporating or derived from them, and (b) the reliance on quasi-property rights of possession and consent to regulate the storage and use of corpses and detached bodily materials, including so-called ‘bio-specimens’. Reasoning from first principles, it highlights the practical and conceptual, as well as the political and philosophical, difficulties in this area, along with certain differences in the regulatory approach of European and US authorities. By way of conclusion, it proposes the law of authors’ and inventors’ rights as simultaneously offering a cautionary tale to those who would extend the reach of property even further than it extends currently and ideas for exploiting the malleability of the ‘property’ concept to manage the risks of extending it.

White Sturgeon in Jeopardy: Gauging the Law and Policy Currents

2016 ◽  
Vol 19 (1) ◽  
pp. 62-99 ◽  
Author(s):  
Shane Belbin ◽  
David L. VanderZwaag
Keyword(s):  
White Sturgeon ◽  
Law And Policy ◽  
The Law
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