Intellectual Property

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Legal rules that create private causes of actions can be sorted into two kinds: rules that entitle the claimant to an injunction and rules that entitle the claimant to damages. The first kind of rule is associated with property rights and hence is called "property rules." The second is associated with tort liability or contractual liability and is called "liability rules." This panel discussion focuses on whether the core intellectual property law areas, Copyrights, Patents, Trademarks, and Trade Secrets, are correctly conceived of as Tort/Law regimes and what it means to conceive acts of infringement as strict liability torts.

 

The Section held a virtual business meeting prior to the Annual Meeting.