Author(s): Pamela Samuelson Year: 2010 Abstract: Only rarely do defendants in trade secrecy cases raise First Amendment defenses to misappropriation claims. In a few cases, however, such defenses have not […]
First Amendment Defenses in Trade Secrecy Cases
Locke Remixed
Author(s): Robert P. Merges Year: 2007 Abstract: This brief Comment was prepared as part of a conference on Intellectual Property and Social Justice at U.C. Davis Law School in March, […]
Statutory Damages in Copyright Law: A Remedy in Need of Reform
Author(s): Pamela Samuelson Year: 2010 Abstract: U.S. copyright law gives successful plaintiffs who promptly registered their works the ability to elect to receive an award of statutory damages, which can […]
Should Copyright Owners Have to Give Notice about Their Use of Technical Protection Measures?
Author(s): Year: 2007 Abstract: Consumers expect to be able to do at least as much with digital content as they have been able to do with analog content, and more. […]
Addressing Global Health Inequities: An Open Licensing Approach for University Innovations
Author(s): Amy Kapczynski Year: 2009 Abstract: The article describes the current crisis in access to medicines in the developing world, the existing R&D gap, and the role of universities and […]
High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey
Author(s): Robert P. Merges Year: 2009 Abstract: We offer description and analysis of the 2008 Berkeley Patent Survey, summarizing the responses of 1,332 U.S.-based technology startups in the biotechnology, medical […]
Author Autonomy and Atomism in Copyright Law
Author(s): Molly S. Van Houweling Year: 2009 Abstract: Digital technology enables individuals to create and communicate in ways that were previously possible only for well-funded corporate publishers. These individual creators […]
The New Servitudes
Author(s): Molly S. Van Houweling Year: 2009 Abstract: In the age of electronic commerce, consumers routinely acquire intangible products without engaging in any direct human interaction. These products – computer […]
Still Looking for Lost Profits: The Case of Horizontal Competition
Author(s): Suzanne Scotchmer Year: 2006 Abstract: When infringement of a patent dissipates profit relative to the licensing agreement that would otherwise occur, damages under the lost-profit rule deter infringement, and […]
Intellectual Property and the Property Rights Movement
Author(s): Peter S. Menell Year: 2007 Abstract: The article examines the recent efforts of the Property Rights Movement to expand the “property tent” to emcompass intellectual property. In eBay v. […]