Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

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404 industrial designs is not some isolated, transitory phenomenon, but rather two facets of an ongoing technological revolution affecting electronic information tools, biogenetic information, and other cutting-edge technical pursuits. The problem is that these and other design-dependent forms of subpatentable innovation do not fit within the classical intellectual property paradigms. The further inability of classical trade secret law to protect the applications of scientific know-how most valuable to industry today then tends to generate a progressive contraction of natural lead time under present-day conditions.*^ Without further delving into these complex matters, my point is that, unless Congress begins actively to investigate these problems, the odds are high that the winds of overprotection blowing from the European Community — as evidenced by one economically unsound intellectual property Directive after another — will lead to a proliferation of equally ill-conceived legislative initiatives over here.'® This, in turn, could yield cvunulative protectionist restraints on free competition that could irreparably harm the small and medium-sized firms largely responsible for this country's continued technological superiority. To forestall future misadventures of this kind. Congress should begin to investigate the need for a new "* See generally. Legal Hybrids, supra note 4, at 2434-52, 2504-2519. »» See id. . at 2453-2500 ("The Proliferation of Legal Hybrids: Selected Case Studies"); see also Seunuelson, Database Directive, supra note 41.