Ornamental Design and Incremental Innovation
Gerard N. Magliocca
Indiana University Robert H. McKinney School of Law
Marquette Law Review, 86, 845
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.
Number of Pages in PDF File: 50
Keywords: product designs
Date posted: September 6, 2006 ; Last revised: May 6, 2014