Joseph Fishman, Originality’s Other Path, 109 California Law Review (forthcoming, 2021), available at SSRN. It is something of a received dogma among intellectual property scholars that, despite their common goal of incentivizing creativity, the copyright and patent regimes achieve this goal through wildly divergent legal structures. Professor Joseph Fishman’s excellent piece, ‘Originality’s Other Path’, sets out to question this dogma. As I often describe these twin systems to my Intellectual Property (IP) students, they are in many ways mirror images of each other: patent law demands much more from inventors up-front – a patentable invention must represent a significant creative leap from prior technology – while copyright grants protection more indiscriminately to any artistic work possessing a modicum of creativity … (more)
[Laura Pedraza-Fariña, JOTWELL, 20 October]
First posted 2020-10-20 14:16:00
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