Dear Readers,
James Madison, the fourth U.S. president and a principal drafter of the U.S. Constitution, is credited with including Article I, Section 8, Clause 8 – the Patent and Copyright Clause. This provides the basis for Congress to enact rules protecting intellectual property (“IP”) rights in the U.S. constitutional order, a unique development at its time.
The evolution of antitrust law has, over time, come into conflict with the intellectual property rights created on the basis of t
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