ABSTRACT

Intellectual property has four aspects: (1) trade secrets, (2) patents, (3) copyright, and (4) trademarks. The law of each is couched in the definition of “property.” As discussed earlier in this book, the constitutional meaning of the “property” is quite broad, extending not just to physical property, land, homes, etc., but also to the intangibles, the “penumbras” or substantive aspects of property. For example, as explained above, the Supreme Court, in Meyer v. Nebraska1 in 1923, held that “property” encompasses the freedom to teach, and in Goss v. Lopez,2 the Supreme Court in 1975 expanded the property right to access of a public school education.