Remarks on the Problem of Scope in IP
34 Pages Posted: 13 Mar 2019 Last revised: 14 Mar 2019
Date Written: February 26, 2019
In these remarks, given as the keynote talk at the University of Washington conference on The Art and Science of the IP Deal, I discuss the relationship between the scope of IP rights and potential IP transactions, with particular focus on the context of design. I emphasize the impact of disparate claiming methodologies used by different IP regimes and the ways our legal system struggles to determine and enforce the scope of a party’s rights.
Keywords: intellectual property, scope, claiming, design patent, trademark, copyright, infringement, validity
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