Vlog with Prof. Henry Smith (Harvard) on Putting the Equity Back into Intellectual Property Remedies
In this episode of the CLE's vlog & podcast series, Prof. Henry E. Smith (Harvard) discusses his essays "Putting the Equity Back into Intellectual Property Remedies" and "Equity as Meta-Law" with Christophe Gösken (ETH Zurich).
In his articles external page Putting the Equity Back into Intellectual Property Remedies and external page Equity as Meta-Law, external page Henry Smith argues that equity and related parts of the law solve complex and uncertain problems — including interdependent behavior and misuses of legal rules by opportunists — and do so in a characteristic fashion: as meta-law. These problems are rife in intellectual property settings.
An attention to meta-law can focus on potential two-sided opportunism in scenarios of possible injunctions, and a more traditional equitable framework can help frame when presumptions for injunctions are appropriate and when they should be overcome. As a result, equity as meta-law could avoid flattening the law of intellectual property remedies.
In this episode of the Center for Law & Economics' vlog & podcast series, Prof. Henry Smith and Ph.D. student Christophe Gösken (CLE / ETH Zürich) dive into a discussion of the essays and its main ideas.
