Scope

@article{Lemley2015Scope,
  title={Scope},
  author={Mark A. Lemley and Mark Mckenna},
  journal={Stanford Law School},
  year={2015}
}
Intellectual property (IP) law doctrines fall into three basic categories: validity, infringement and defenses. Virtually every significant legal doctrine in IP is either about whether the plaintiff has a valid IP right that the law will recognize – validity – about whether what the defendant did violates that right – infringement – or about whether the defendant is somehow privileged to violate that right-defenses. IP regimes tend to enforce a more or less strict separation between these three… Expand

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