#IPSC18 Preview: Design Patents, Trade Secrets, and Right of Publicity

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 &…

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