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[83WashLRev0039] The Evolution of Intellectual Infrastructure

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dc.contributor.author Lee, Peter
dc.date.accessioned 2010-02-16T17:10:17Z
dc.date.available 2010-02-16T17:10:17Z
dc.date.issued 2008-02
dc.identifier.citation 83 Wash. L. Rev. 39 (2008) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/231
dc.description.abstract Peter Lee, Acting Professor of Law, U.C. Davis School of Law. Abstract: This Article explores the concept of intellectual infrastructure in intellectual property law. It makes three principal contributions. First, it builds upon prior work to elaborate an infrastructure-based theory of productivity that encompasses trademark, copyright, and patent law. It is well-recognized that intellectual property law promotes productivity through allowing exclusive rights on refined intellectual creations such as source-identifying marks, particularized expressions, and specific inventions. Somewhat less appreciated, these bodies of law also promote productivity through ensuring wide access to productivity-enabling “intellectual infrastructure,” such as generic words, ideas, and natural principles, by making these assets ineligible for exclusive rights. This Article argues that this distinction between refined “applications,” which are eligible for exclusive rights, and foundational infrastructure, which remains subject to liberal access, is critical to promoting commercial, creative, and inventive activity throughout intellectual property law. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Article en_US
dc.title [83WashLRev0039] The Evolution of Intellectual Infrastructure en_US
dc.type Article en_US
dc.rights.holder Copyright 2008 by Peter Lee Readers interested in reprints or copies of this article may contact the Washington Law Review Association which has full license and authority to grant such requests

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