The Constitutional Intellectual Property Warrior
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The constitutional law of intellectual property sits at the intersection of the Copyright Clause's limited-times requirement, the First Amendment's constraints on expression, the Takings Clause's protection of property rights, and due process's constraints on IP enforcement. Matal v. Tam's invalidation of the disparagement clause and Iancu v. Brunetti's invalidation of the immoral or scandalous clause transformed the trademark registration system. Oil States's resolution of the inter partes review constitutional challenge preserved the PTAB.
The Constitutional Intellectual Property Warrior is Volume LXXIX of Wayne Richard Evangelista's Constitutional Law Series.
Wayne Richard Evangelista covers the full constitutional IP landscape: the Copyright Clause — limited-times, Congress's power to extend terms after Eldred, and restoration of public domain works after Golan; copyright and the First Amendment — the idea-expression dichotomy, fair use as constitutional avoidance, and the Warhol fair use analysis; trademark and free expression — Matal v. Tam, Brunetti, and the government speech doctrine; patent constitutionality — the PTAB and Oil States, Alice Corp. and the Section 101 abstract idea; and IP rights as Takings Clause property.
The Constitutional Intellectual Property Warrior
$69.99
Sale price
$69.99
Regular price