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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IP Literature Watch: September 2023
In this month’s IP Literature Watch we include a piece empirically studying the US antitrust case against Xerox; a paper examining the challenges and...