Beyond preemption: the law and policy of intellectual property licensing
Article Abstract:
Intellectual property law and policy affects contract enforcement in ways that go beyond federal preemption. Three other doctrines influence contract enforcement: (1) copyright misuse; (2) federal public policy mandating settlement of intellectual property disputes in accordance with property law rather than contract law; and (3) similar requirements of state intellectual property law. These public policy considerations will limit the enforceability of proposed UCC Article 2B.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1999
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Draft
Article Abstract:
Proposed UCC s. 2-207 revisions are inappropriate and should be deleted. Draft legislation is often well-intended but unnecessary. Courts and judges should decide battle-of-the-forms issues, rather than address such issues through statutory amendments. Generally, the nature of drafts is that they are imperfect and should be viewed cautiously.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1997
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