Publication Date


Document Type

Survey Article


This Article surveys case law developments in the area of intellectual property, including patents, copyrights, and trademarks, relevant to Georgia during the period from January 1, 2003 to December 31, 2003. The authors have not attempted to include all cases that touch upon intellectual property, but instead they have selected some decisions that are of more significance or interest or that indicate a particular direction the areas of law may take.

Intellectual property law comprises several discrete yet overlapping areas of law. The four primary areas are patent, trademark, copyright, and trade secret. Patent and copyright law are provided for in the United States Constitution, and thus the cases regarding these two areas are based on federal law and are gleaned from the U.S. federal courts. While trademark law has both federal and state aspects and thus the cases regarding this area are based on federal or state law, the cases generally are litigated in the United States federal courts. As such, this Article will focus on the cases from the federal courts.