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Cooper Dreyfuss, Rochelle --- "Introduction" [2006] ELECD 256; in Hansen, Hugh (ed), "US Intellectual Property Law and Policy" (Edward Elgar Publishing, 2006)

Book Title: US Intellectual Property Law and Policy

Editor(s): Hansen, Hugh

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845428662

Section Title: Introduction

Author(s): Cooper Dreyfuss, Rochelle

Number of pages: 8

Extract:

Introduction

The six essays within this volume identify and address the key principles and
policies with regard to the protection of intellectual property in the United
States. A comprehensive analysis of the entire body of U.S. intellectual property
law would not be possible in a volume of this size. Rather six of the best, if not
the best, professors of intellectual property law in the United States have been
invited to write essays that illustrate important principles and policies in U.S.
law.
The essays collected here illustrate the several themes which are recurrent in
many current debates concerning U.S. law and policy on intellectual property
law. First, the need for a constant expansion of protectable subject matter is
critically analyzed, especially in relation to trademark and patent laws. Secondly,
all essays discuss a critical jurisprudential issue: have the legislature and the judi-
ciary taken sufficient consideration of the different economic and constitutional
rationales of intellectual property protection when extending the scope of intel-
lectual property protection? Finally, all essays suggest a tentative agenda as to
the future direction for both Congress and the courts to adopt in light of the new
technological changes which have affected all areas of intellectual property pro-
tection equally.
A detailed precis of each essay is set out below.


C O P Y R I G H T L AW

Professor Jane Ginsburg, in her essay entitled From Having Copies to
Experiencing Works: The Development of an Access Right in U.S. ...