Week 7: The Future of Intellectual Property Law

Week 7: The Future of Intellectual Property Law

“Trends in IP Law”
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Summaries

  • Week 7: The Future of Intellectual Property Law > Trends in IP Law > Doctrinal Upheaval: Patents
  • Week 7: The Future of Intellectual Property Law > Trends in IP Law > Doctrinal Upheaval: Trademark
  • Week 7: The Future of Intellectual Property Law > Trends in IP Law > Long-term Macro Trends

Week 7: The Future of Intellectual Property Law > Trends in IP Law > Doctrinal Upheaval: Trademark

  • So let’s talk briefly about trademark. So what’s the scope of Fair Use in trademark? As you saw in the section on trademark, there are number of disparate doctrines that sort of combine to make what we call a”Fair Use” exception.
  • So an ongoing doctrinal question in trademark law is what is the scope of Fair Use? And then at the same time the borders of trademark protection are always being pressed.
  • There’s always a lot of doctrinal upheaval with respect to trademarks in terms of what you can cover and what you can’t cover.
  • So intellectual property owners want the protection provided by trademarks and so they’re pushing the limits, to some extent, on what can be protected under trademark.
  • Where instead of focusing squarely on whether the use of a mark would cause confusion in the marketplace, we’re simply asking has the mark been harmed? Now that’s a really clear understanding of a trademark as a property right in and of itself, rather than a property right that’s just a means to an end.
  • So traditionally we used to think of trademarks as being really only source identifiers and not having value in and of themselves.
  • Then trademark to the internet economy, as we left off and then in the trademark area, are incredibly important.

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