Tag Archive for SMART

Why SMART Isn’t Smart – Importing FRAND’s Flaws Into Copyright

This piece was originally posted at the Disruptive Competition Project. “Intellectual property,” as a term, is a problem.  It groups together areas of law that, while they may share some things, are fundamentally disalike.  Copyright law has compulsory licenses and an independent creation defense; patent law has neither.  Trademarks aren’t duration limited; copyrights and patents…