Intellectual Property in the New Technological Age: 2016 - Chapters 1 and 2

Intellectual Property in the New Technological Age: 2016

Stanford Public Law Working Paper No. 2780190

185 Pages Posted: 19 May 2016 Last revised: 24 Jun 2016

See all articles by Peter S. Menell

Peter S. Menell

University of California, Berkeley - School of Law

Mark A. Lemley

Stanford Law School

Robert P. Merges

University of California, Berkeley - School of Law

Date Written: June 23, 2016

Abstract

Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that reason, we have significantly augmented and revised "Intellectual Property in the New Technological Age.

The 2016 Edition reflects the following principal developments:

● Trade Secrets: Congress passed the Defend Trade Secrets Act of 2016, one of the most momentous changes in the history of trade secret protection. The new law opens up the federal courts to trade secret cases, provides for ex parte seizures of misappropriated trade secrets in “extraordinary circumstances,” and establishes immunity for whistleblowers.

● Patents: The past several years have witnessed some of the most significant developments in U.S. patent history — from the establishment of the new administrative review proceedings at the Patent Office to important shifts in patent-eligibility, claim indefiniteness, and enhanced damages at the Supreme Court and means-plus-function claim interpretation and infringement doctrine at the Federal Circuit. We have restructured the patent chapter to illuminate these areas. We have also significantly expanded coverage of design patents in response to the growing importance of this form of protection.

● Copyrights: The Supreme Court issued important decisions addressing the public performance right and the first sale doctrine. The past few years also witnessed important developments in the Online Service Provider safe harbor, fair use, and state protection for pre-1972 sound recordings. We have also integrated the digital copyright materials into a unified treatment of copyright law and substantially revamped the fair use section to reflect the broadening landscape of this important doctrine.

● Trademarks: We have integrated important cases on federal registrability of disparaging marks, merchandising rights, likelihood of confusion on the Internet, and remedies.

● Other State Protections: We have updated material on the right of publicity, an active and growing area. We have also reorganized the chapter and focused it on IP regimes.

Keywords: Intellectual Property, Trade Secret, Patent, Copyright, Trademark, Misappropriation, Right of Publicity

Suggested Citation

Menell, Peter S. and Lemley, Mark A. and Merges, Robert P., Intellectual Property in the New Technological Age: 2016 - Chapters 1 and 2 (June 23, 2016). Intellectual Property in the New Technological Age: 2016 ; Stanford Public Law Working Paper No. 2780190. Available at SSRN: https://ssrn.com/abstract=2780190 or http://dx.doi.org/10.2139/ssrn.2780190

Peter S. Menell (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Mark A. Lemley

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Robert P. Merges

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States
510-643-6199 (Phone)
510-643-6171 (Fax)

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