ARTICLE: FIRST, "LET'S KILL ALL THE INTELLECTUAL PROPERTY LAWYERS!": MUSINGS ON THE DECLINE AND FALL OF THE INTELLECTUAL PROPERTY EMPIRE Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2001 The John Marshall Law School
The John Marshall Law Review

ARTICLE: FIRST, "LET'S KILL ALL THE INTELLECTUAL PROPERTY LAWYERS!": MUSINGS ON THE DECLINE AND FALL OF THE INTELLECTUAL PROPERTY EMPIRE

Summer, 2001

34 J. Marshall L. Rev. 851

Author

Doris Estelle Long*

Excerpt

 
Like Shakespeare in King Henry VI, when the cry of Dick the Butcher to "first ... kill all the lawyers" was directed to creating havoc in civilized society, 3 the current trend to "kill" (or at least "seriously wound") intellectual property protection is designed to wreak havoc on those forces which have contributed most directly to the present position of the United States as a premiere exporter of technology and intellectual property based products. 4

This Article examines current trends at reducing intellectual property protection both domestically and internationally. It contends that such reductions in protection are particularly harmful to the incentivizing role of intellectual property and the ability of developing countries to obtain the economic benefits of such incentives. These trends are not limited to efforts at legalizing piracy or expanding uncompensated public welfare uses of intellectual property. To the contrary, they include disturbing trends in domestic protection that include resurrection of the discredited election doctrine. Such trends must be reversed and an appropriate balance between creators' rights and public access struck before the economic and technological harm caused by reduced protection becomes irreversible.

Part I of this Article examines the historic and economic role of intellectual property in incentivizing creativity. Part II briefly describes the scope of current hostility to intellectual property rights ("IPRs") protection and some of the historic bases for this hostility. Part III develops the positive relationship between creativity incentivization and wealth production encouraged by strong IPR protection. Part IV examines the balance ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities