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Understanding Sales Law and Intellectual Property Rights in Modern Commerce

This overview explores key concepts in sales law and intellectual property rights (IPR) as of October 2009. It includes reading estimates, problem sets, and significant changes in law related to sales contracts and enforceability, such as the Statute of Frauds. The text discusses the comparison between intellectual property transactions and tangible goods transactions, the implications of Article 1 and 2 on sales, and the evolving nature of commerce in the 21st century. Additionally, it highlights the balance of social interests and innovation in the context of IPR.

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Understanding Sales Law and Intellectual Property Rights in Modern Commerce

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Presentation Transcript

  1. Sales Law October 1, 2009 Winn

  2. Sales Law October 1 • Reading estimate for Monday 10/5 • Through page 54, problems through 2-4 plus Questions p. 52-53 • Old 1-105, New 1-301, Substitute 1-301 • NCCUSL in 2007, ALI in 2008 approved “substitute” 1-301 (same text as old 1-105) because each state adopting Article 1 was doing it anyway • Review purposive interpretation 1-103 • Compare intellectual property transactions to tangible goods transactions • 21st century commerce: goods plus services plus intellectual property bundled together

  3. Statute of Frauds • The following contracts cannot be enforced at law unless the plaintiff has a writing signed by the defendant • Sale of goods over $500 • Estates in land greater than 1 year • Contracts of employment that cannot be finished in one year • Suretyship [guarantee the debts of another] • Contracts entered into in consideration of a promise to marry

  4. Workmanlike Services • What standard for liability for failure to provide workmanlike services? • Intentionally wrong • Careless/negligent • Strict liability without fault

  5. IPR versus Sales Law • Early modern history: commerce versus real property • Free alienability of property won over restrictions • Recent history: IPR in narrow economic sectors • Article 2: goods versus services a bigger problem • Publishing, industrial manufacturing • Balance social interest in promoting progress of science & useful arts with incentives to invent • Now: IPR everywhere • All rights not transferred are reserved—scope of license not to sue is limited to what owner chooses to grant • Acceleration of innovation, expansion of IPR mean it is everywhere

  6. Ex ante versus ex post EX ANTE EX POST Preliminary Negotiations Contract Formed Dispute Arises Breach Litigation

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