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  • The Crisis in the Law of Designs

    89 Journal of The Patent and Trademark Office Society (JPTOS) 301, April, 2007.

     

    Perry Saidman explains the causes of the crisis in the law of designs, and provides a suggestion for turning the tide towards better design protection.

    More particularly, Section I describes the problems with attempts to protect industrial designs through trade dress and copyright laws. Section II expounds on how recent design patent decisions, and some long-standing problems, have made this once useful option problematic at best. Section III resurrects a long-forgotten legal reform that provides a design protection system that actually makes sense in the 21st century.

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  • The "Right to Copy" Doctrine

    89 Journal of The Patent and Trademark Office Society (JPTOS) 204, March, 2007.

     

    Perry Saidman discusses how trademark/trade dress rights can be used to extend the limited time to a potentially unlimited time after a patent expires.

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