Intellectual Property: Tectonic Shifts in the Legal Landscape

November 15, 2011

This article, which was recently published in the Journal of Technology Law & Policy, explains the increasing importance of intellectual property law in our modern technical global economy. It discusses the transformation of our agrarian economy via the Industrial Age to the current economy based on information and technology.

This shift has propelled intellectual property law to the forefront of our legal system, replacing land law and commercial law as the dominant precepts governing the new economy.  The core concepts of intellectual property law, rooted in history and descended from laws designed for a very different economy, do not adequately address the disputes arising out of a rapidly transforming technological and global economy.

The article describes the struggle, by litigants and the Courts, to bring the current disputes within the framework of existing intellectual property law, a task that as the specific examples in the article evince, is more sisyphean than herculean.  Yet the stakes could not be higher; the allocation of money and power globally depend on it.

 The article concludes by exploring potential reforms in the law to better address the controversies generated by today’s global and highly technical economy.

To read this article please click here.

16 J. TECH. L. & POL’Y 1-24 (2011)

Used with permission from the Journal of Technology Law & Policy © 2011.