Reverse Engineering IP
42 Pages Posted: 28 Feb 2013
Date Written: February 28, 2013
Abstract
For appropriation art of all types to survive an infringement inquiry, the resulting work must be creative, original, and transformative. However, the line between uses deemed infringing or fair is far from bright, at least in exante determinations by second-generation creators who rely on copyright limitations in the creative process. Accordingly, this Article examines the role that “reverse engineering” and other policies and doctrines have played in the inventive context to protect the “space” such second-generation innovators require to build upon and around existing inventions that justify the patent monopoly. Further, this Article explores how patent policy better protects and encourages that space than does copyright, theoretically and in practice.
Keywords: copyright, intellectual property, internet, digital technology, infringement, patent
JEL Classification: K10
Suggested Citation: Suggested Citation
Do you have a job opening that you would like to promote on SSRN?
Recommended Papers
-
Intelligent Trips Implementation: A Strategy for Countries on the Cusp of Development
-
Towards an Intellectual Property Bargaining Theory: The Post-WTO Era
-
Of Clusters and Assumptions: Innovation as Part of a Full TRIPS Implementation
-
One Size Does Not Fit All: A Framework for Tailoring Intellectual Property Rights
-
Intellectual Property in New Zealand and the TPPA
By Susy Frankel
-
Towards an Intellectual Property Bargaining Theory: The Post-WTO Era
-
Cloud Control: Copyright, Global Memes and Privacy
By Daniel J. Gervais and Daniel Hyndman