• Login
    View Item 
    •   Home
    • Yale
    • Yale Journal of Law and Technology
    • View Item
    •   Home
    • Yale
    • Yale Journal of Law and Technology
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    The New Model of Interest Group Representation in Patent Law

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    Sachs_3.pdf
    Size:
    543.1Kb
    Format:
    PDF
    Download
    Author
    Sachs, Rachel
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/7794
    Abstract
    Traditional public choice theory postulates that interest group representation is primarily responsible for the passage of legislation in a variety of areas. Intellectual property scholars have largely embraced public choice theory as accurately explaining the enactment of intellectual property laws, agreeing both that the general assumptions of the public choice model are met and that specific statutes bear the scars of the interest group negotiation process. This Article contends that the reality of legislative enactment in patent law diverges from this conventional wisdom. Drawing on three case studies—the Federal Courts Improvement Act of 1982, the Bayh-Dole Act, and the Hatch-Waxman Act—this Article argues that in actuality, legislative enactments in patent law occur along a spectrum of interest group representation. In this space, laws are often passed where the relevant interest groups are unorganized or even nonexistent. This Article goes on to inductively establish a set of factors that both seek to explain these cases and to distinguish them from copyright statutes, which often adhere quite closely to traditional public choice predictions. Having suggested several factors and identified ways in which they provide testable hypotheses, the Article ultimately considers the implications of the analysis both for those wishing to enact statutes that would alter patent rights and for scholars of public choice theory and intellectual property.
    Collections
    Yale Journal of Law and Technology

    entitlement

     
    DSpace software (copyright © 2002 - 2023)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.