intro_ip_outline - Intro to IP outline Reese Fall,02 From...

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Intro to IP outline Reese Fall ‘02 From Goldstein book and class notes. Introduction [6-8, 1-5] The principle object of IP law in the US is to ensure consumers a wide variety of intellectual goods at the lowest possible price. Gives individuals and businesses property rights in the information, the economic incentive to produce it. Investment in information suffers special problems of appropriability. o Sale of information exposes it, and once it is exposed it is nearly impossible to prove that it was taken. o It is also indivisible – an unlimited number of people can take it and make use of it without depleting it. IP law’s private property rights conflicts with social benefits of indivisibility and unrestricted access to information. o Good Help disseminate information Educational – creative Improvements Cheaper for consumer – competition o Bad Reduces incentives – to create; - to disseminate Safety – regulation Unfair – “theft” “property 1 of 99
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State Law Rights in Undeveloped Ideas [25-50] Rights in Undeveloped Ideas o Rule: Ideas are free for use Why: Hoarding – keeping ideas from society hurts us all Enforcement – how to do enforce something that is in the ether Nothing new under the sun – everything has been thought of or imagined Basic building blocks for development – too important to tie up with exclusivity Exceptions: Standards – novel, original, concrete – when they have been “reduced” then they can be protected o Original – better to think about it who came up with it (the new “origination” of an idea – it might not be novel) o Novel – new, uncommon A slight difference in patent law. You can look at it easier than other IP areas (prior art) o Concreteness – not abstract o Sellers v. American Broadcasting Co. [25] – use of “exclusive story” in telecast was not breach of contract, copyright infringement and misappropriation; state law for undeveloped ideas. Not enforceable when the Π had made broad, general statements concerning the possibility of overdose, gross negligence by the personal physician and a cover- up, but there were no substantiating details Π ’s theory… neither novel, unique nor original, and, since it was not concrete, it could not support a cause of action for misappropriation Under New York law, recovery for misappropriation of idea or theory may be had if idea is novel; idea is in concrete form; and defendant makes use of idea. Under New York law, idea or theory does not constitute property and will not support right to recover in contract unless original. o Notes from class – How do we take ideas to court? How to we stake our claim? 1. Theft – misappropriation of property (hardest to win)
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intro_ip_outline - Intro to IP outline Reese Fall,02 From...

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