“Strengthening” refers to the extent of protection afforded to an IPR holder. Includes making it easier to acquire IP protection, making it easier to prove infringement, and strengthening remedies for infringement.
Mandel 17 – Dean & Peter J. Liacouras Professor of Law, Temple University.
Gregory N. Mandel, “Institutional Fracture in Intellectual Property Law: The Supreme Court Versus Congress,” Minnesota Law Review, vol. 102, 2017, pp. 809, https://www.minnesotalawreview.org/wp-content/uploads/2018/01/Mandel_MLR.pdf.
The primary variable for analysis is whether a given Supreme Court decision or legislative action strengthened or weakened intellectual property protection. Consistent with prior research in this context, strengthened versus weakened refers to the extent of protection afforded to the intellectual property rights owner.11 Accordingly, Supreme Court decisions that make it easier to acquire intellectual property rights; broaden the scope of intellectual property protection; make it easier to prove infringement; or strengthen remedies for infringement are all considered to strengthen intellectual property protection. Decisions that have the opposite effects weaken protection.12