‘Taxonomizing Various Mechanisms for Terminating Intellectual Property Rights’

Dave Fagundes and Aaron Perzanowski, ‘How IP Ends, Emory Legal Studies Research Paper’ (forthcoming), available at SSRN (24 January 2025). The literature on intellectual property (IP) rights has overwhelmingly focused on their birth, life, and enforcement. Rare indeed have been articles about how and why those rights cease to be enforceable. In ‘How IP Ends’, Fagundes and Perzanowski have written the first comprehensive article about different ways that IP rights can cease to exist for the four most common IP regimes (eg, patents, copyrights, trademarks, and trade secrets) through what they call ‘terminal mechanisms’: expiration, abandonment, forfeiture, and two types of invalidations (distinguished below) … (more)

[Pamela Samuelson, JOTWELL, 12 May 2025]

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