How is it that the Supreme Court is leading a project of innovation reform in our times while the Court of Appeals, established to encourage innovation, is having its precedent stricken down time and again? Also in this month’s issue of IP Literature Watch, we delve into the evolution of US patent policy following the 2006 Supreme Court ruling in eBay vs. MercExchange and its impact on the American innovation system. Finally, a recent paper explores the argument that trademark doctrine needs stronger protection against exclusive commercial appropriation of characters in the public domain.
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License to all or access to all? A law and economics assessment of standard development organizations’ licensing rules
Should FRAND commitments be interpreted to require licensing all comers or could access to standards can be achieved through other, less rigid means?