Intellectual Property Law Review 2022.

Volume 54

Journal

vii 811 pages ; [28] cm.

0193-4864

87 US

The articles in this year's edition of the Intellectual Property Law Review reflect popular topics in law review articles related to intellectual property during the past year. Patent articles address current issues in protecting inventions through the Patent Office and in the courts. One article discusses unique difficulties in protecting inventions in the growing area of biologics. Another article discusses patenting inventions related to the emergence of commercial activities in outer space. Another article addresses ongoing concerns about challenging patent validity before the Patent Trial and Appeal Board with duplicative challenges in the courts. Still another article discusses the breadth of the subject matter of design patents and argues that claims should be limited to whole designs. The articles about trademarks reflect growing concern about the expanding scope of trademarks. One article discusses color trademarks and suggests trademark protection has expanded beyond the purpose and policy of the Lanham Act. Another article discusses trademark bullying and suggests reducing bullying incentives and focusing more on actual consumer perception and marketing efforts. Still another article discusses the failure to function doctrine and suggests expanding the aesthetic functionality test for determining allowability of a trademark application so as to focus on distinctiveness and consumer perception to better facilitate competition. With respect to articles about copyright, one article discusses the Supreme Court's landmark decision in Google LLC v. Oracle America, Inc. and the impact of the Court's finding that Google's reimplementation of the Sun Java Application Programming Interface elements was legal under copyright's fair use doctrine. Another article addresses the originality element necessary for copyrightability and discusses similarities in the United States and European requirements for originality. Another article discusses a copyright owner's ability to obtain damages for infringement of its United States copyrights in other countries. Trade secret topics reflect increasing concerns about the expansion of trade secrets and their protection beyond traditional forms resulting in too much information being secluded to the point that the protection is against public interest and democracy. The last article provides a discussion and comparison of the different forms of intellectual property patents, trademarks, copyrights, and trade secrets- and their ap-plication, in the context of protecting recipes and food designs. In all, the articles reprinted herein are among the best law review articles published in the last year. We are most appreciative of the authors and law reviews for granting us permission to reprint their articles. Special thanks also go to Steve Arlowe, Lisg. and others at Thomson Reuters for their continued help and for once again allowing me the tremendous privilege and enjoyment of editing the Review.

Danvers, MA, USA : Thomson Reuters, 2022.

English