August 26, 2010 by Michael John Long (IPilogue Editor)
Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School
In his recent essay, Do Patents Have Gender? , intellectual property scholar Dan L Burk admits upfront that the title question ‘strikes many readers as improbable, even nonsensical.’ However, the posited question aims to introduce just how an intellectual property system, which is designed to grant sets of exclusive rights, can include elements of gender. As Burk notes, feminist scholarship over the past few decades has illuminated the ways in which gender plays a role in many theories and practices of law; including criminal law, civil rights, family law, employment law, tax law, and so on.