Ornamental Design and Incremental Innovation

50 Pages Posted: 6 Sep 2006 Last revised: 6 May 2014

Gerard N. Magliocca

Indiana University Robert H. McKinney School of Law

Date Written: 2003

Abstract

This Article examines how the law treats aesthetic product designs and other creative improvements that are incremental. Since the benefits of extending property rights to these improvements are matched by the costs of enforcing and monitoring such protection, policymakers have a hard time establishing a stable framework in this area. Thus, the paper considers other alternatives to encouraging this cumulative activity and concludes that the default solution for industrial design - importing cleverly designed products from abroad - is the best one.

Keywords: product designs

Suggested Citation

Magliocca, Gerard N., Ornamental Design and Incremental Innovation (2003). Marquette Law Review, 86, 845. Available at SSRN: https://ssrn.com/abstract=928687

Gerard N. Magliocca (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States
317-278-4792 (Phone)

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