To get ready for IP scholar speed dating at Berkeley next week, I've previewed the panels focused on patents and innovation, copyright, and trademarks. Today: design, right of publicity, and trade secrets (including some notes on other panels where you can also find papers on these topics).Breakout 1 – IP Protection for DesignsSarah Burstein – Design patent phrase "partial designs" needs clearer definition.Mala Chatterjee – Conceptual separability test for copyright useful article doctrine should be whether article remains functionally identical when design element in question is removed.Joshua Sarnoff – Design patents should be available only for product that is "useful in itself" (not products useful only in combination).Daniel Yablon & Peter Menell – Historical lines between protection for functional and nonfunctional innovation should be restored.For design patent damages, see Pam Samuelson &…
Read more detail on Recent Law Student posts –