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Rochelle C. Dreyfuss

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Rochelle C. Dreyfuss

This chapter discusses the mismatch between the global nature of patent exploitation and the territoriality of patent enforcement. Despite the increase in global trade in patented goods, it remains unclear how to bring finality to global disputes and avoid fragmented adjudication in multiple courts, inconsistent judgments and over- or under-enforcement. The chapter begins by considering various attempts litigants have made to use traditional legal practices to alleviate the problems posed by the territoriality of patent law extraterritorial application of local law, consolidation of foreign and domestic claims, and private agreements. It ends with a description of the alternative mechanisms available to national authorities: deep harmonization or an agreement on a procedural framework for coordinating multinational litigation and judgment recognition.

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Rochelle C. Dreyfuss

While intellectual property (IP) has both enabled and responded to technological change, the Information Age with its Knowledge Economy, more particularly the internet and digitization expose it to formidable challenges. This essay identifies and inquires into the “trouble spots” in both substantive law and the institutional setting of the IP system. To this effect, it examines, inter alia, the ambivalent relationship existing between IP-based and non-IP based incentives for innovation and creation, the risks of over-rewarding creators/innovators by the availability of exclusive rights, the possible persistence of market dominance beyond the term of protection, and the likely asymmetry of the distributive effects of IP exclusivities. It also deals extensively with the challenges that the institutions of the IP system must face in the Information Age.

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The Law and Theory of Trade Secrecy

A Handbook of Contemporary Research

Edited by Rochelle C. Dreyfuss and Katherine J. Strandburg

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships.
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Rochelle C. Dreyfuss and Katherine J. Strandburg

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Graeme B. Dinwoodie and Rochelle C. Dreyfuss