Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (9)
- The University of Akron (7)
- American University Washington College of Law (6)
- Notre Dame Law School (6)
- Vanderbilt University Law School (6)
-
- University of Maine School of Law (5)
- University of Georgia School of Law (4)
- Yeshiva University, Cardozo School of Law (4)
- Marquette University Law School (3)
- Maurer School of Law: Indiana University (3)
- New York Law School (3)
- University of Missouri School of Law (3)
- Washington and Lee University School of Law (3)
- Chicago-Kent College of Law (2)
- Columbia Law School (2)
- Duke Law (2)
- Florida International University College of Law (2)
- Mitchell Hamline School of Law (2)
- Pepperdine University (2)
- University of Kentucky (2)
- University of Miami Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of New Hampshire (2)
- University of Pennsylvania Carey Law School (2)
- Brigham Young University Law School (1)
- Osgoode Hall Law School of York University (1)
- Penn State Law (1)
- Texas A&M University School of Law (1)
- University of Michigan Law School (1)
- University of Nebraska - Lincoln (1)
- Publication
-
- Faculty Scholarship (8)
- Akron Law Review (7)
- Maine Law Review (5)
- Scholarly Works (4)
- All Faculty Scholarship (3)
-
- Faculty Articles (3)
- Journal Articles (3)
- Marquette Intellectual Property Law Review (3)
- Vanderbilt Journal of Entertainment & Technology Law (3)
- American University Law Review (2)
- Articles & Chapters (2)
- Brett Frischmann (2)
- Faculty Publications (2)
- Law Faculty Scholarship (2)
- Notre Dame Law Review Reflection (2)
- The Business, Entrepreneurship & Tax Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- American University Business Law Review (1)
- American University Journal of Gender, Social Policy & the Law (1)
- Amicus Briefs (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
- Boyd Briefs / Road Scholars (1)
- Cardozo Life Magazine (1)
- Chicago-Kent Journal of Intellectual Property (1)
- Christopher B. Seaman (1)
- Copyright, Fair Use, Scholarly Communication, etc. (1)
- Court Briefs (1)
- Publication Type
Articles 1 - 30 of 94
Full-Text Articles in Entire DC Network
Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen
Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen
Maine Law Review
The subject matter we are going to talk about is variously named and the words have some resonances of importance. I am going to use the phrase “Free Software” to describe this material, and I am going to suggest to you that the choice of words is relevant. We are talking not merely about a form of production or a system of industrial relations, but also about the beginning of a social movement with specific political goals, which will characterize not only the production of software in the twenty-first century, but the production and distribution of culture generally.
Fashion Law: More Than Wigs, Gowns, And Intellectual Property, Mark K. Brewer
Fashion Law: More Than Wigs, Gowns, And Intellectual Property, Mark K. Brewer
San Diego Law Review
[T]his article frames the emerging field of fashion law and synthesizes its substance from an international perspective in order to raise the profile of fundamental areas in which the law and fashion intersect as well as identify key areas for future research. Part II examines the background on fashion law, initially focusing on its origins and then examining IP, traditionally the main area of the field. Additionally, the Article defines, frames, and justifies the emerging field of fashion law. Because an exhaustive analysis of the emerging trends in fashion law is beyond the scope of this Article, Part III only …
Trademark Morality, Mark Bartholomew
Trademark Morality, Mark Bartholomew
Mark Bartholomew
This Article challenges the modern rationale for trademark rights. According to both judges and legal scholars, what matters in adjudicating trademark cases are the economic consequences, particularly for consumers, of a defendant’s use of a mark, not the use’s morality. Nevertheless, under this utilitarian facade, there are also at work judicial assessments of highly charged questions of right and wrong. Recent findings in the field of moral psychology demonstrate the influence of particular moral triggers in all areas of human decisionmaking, often operating without conscious awareness. These triggers influence judges deciding trademark disputes. A desire to punish bad actors, particularly …
Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price Ii
Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price Ii
Articles
Artificial intelligence (AI) is rapidly moving to change the healthcare system. Driven by the juxtaposition of big data and powerful machine learning techniques—terms I will explain momentarily—innovators have begun to develop tools to improve the process of clinical care, to advance medical research, and to improve efficiency. These tools rely on algorithms, programs created from healthcare data that can make predictions or recommendations. However, the algorithms themselves are often too complex for their reasoning to be understood or even stated explicitly. Such algorithms may be best described as “black-box.” This article briefly describes the concept of AI in medicine, including …
How The Supreme Court Ignored The Lesson Of Zeran And Screwed Up Copyright Law On The Internet, Roger Allan Ford
How The Supreme Court Ignored The Lesson Of Zeran And Screwed Up Copyright Law On The Internet, Roger Allan Ford
Law Faculty Scholarship
This short essay, prepared for a retrospective organized by Eric Goldman and Jeff Kosseff on the twentieth anniversary of the Fourth Circuit’s decision in Zeran v. AOL, argues that the Supreme Court failed to learn the lesson of that foundational case, with adverse consequences for copyright law on the internet.
At&T V. Microsoft: Is This A Case Of Deepsouth Déjà Vu?, Christopher R. Rogers
At&T V. Microsoft: Is This A Case Of Deepsouth Déjà Vu?, Christopher R. Rogers
Maine Law Review
It has been stated many times by various courts that the patent laws of the United States do not reach beyond the borders of the United States. In an age of expanding world commerce, the territorial reach of our patent laws has sometimes made it difficult for U.S. inventors to meaningfully protect their intellectual property. For example, the Supreme Court holding in Deepsouth Packing Co. v. Laitram Corp. opened up a loophole that allowed unlicensed U.S. manufacturers to essentially export patented inventions, thereby trampling on the patent rights of U.S. patent holders selling to foreign markets. The Deepsouth loophole has …
Open Source Approaches In Biotechnology: Utopia Revisited, Yann Joly
Open Source Approaches In Biotechnology: Utopia Revisited, Yann Joly
Maine Law Review
Tracing its origin to Greek antiquity, intellectual property has become an institution in modern legal systems worldwide. This growing importance of intellectual property was confirmed with the 1994 adoption of the Trade-Related Aspects of Intellectual Property Rights Agreement by the World Trade Organization (WTO), which harmonized the rules of intellectual property amongst the various members of the international community on the model of developed countries. However enshrined in the legal tradition, intellectual property law has also had its share of detractors and has recently come under severe criticism. The exercise of intellectual property rights in such diverse fields of creation …
A Virtue-Centered Approach To The Biotechnology Commons (Or, The Virtuous Penguin), David W. Opderbeck
A Virtue-Centered Approach To The Biotechnology Commons (Or, The Virtuous Penguin), David W. Opderbeck
Maine Law Review
The instrumentalist emphasis of the current biotechnology intellectual property rights (IPR) debate is not surprising. In the American tradition, intellectual property law has long been justified primarily by instrumentalist concerns. Thomas Jefferson famously acceded to the “embarrassment of patent and copyright monopolies because he believed a limited monopoly would encourage the production of new scholarship and inventions. The framers' willingness to allow this embarrassment for the greater good is enshrined in the Intellectual Property Clause of the U.S. Constitution. Countless judicial opinions refer to intellectual property law as a tool that provides necessary incentives to creators and innovators. Intellectual property …
Ex Parte Seizures Under The Dtsa And The Shift Of Ip Rights Enforcement, Yvette Joy Liebesman
Ex Parte Seizures Under The Dtsa And The Shift Of Ip Rights Enforcement, Yvette Joy Liebesman
The Business, Entrepreneurship & Tax Law Review
The ex parte seizure provision of the Defend Trade Secrets Act is another step in a long line of legislation that shifts the costs of private enforcement to the public, which already has a toehold in copyright and trademark law. The ex parte provision—which is not incorporated into any state trade secret law—relieves rights owners of two “burdens.” First, it relieves the trade secret owner of the burden of actually having to compete in the marketplace. Second, it relieves the trade secret owner of the burden of the costs associated with the discovery process of a lawsuit. The effect of …
Enforcement Of Intellectual Property At Trade Shows: A Comparative Perspective, Marketa Trimble
Enforcement Of Intellectual Property At Trade Shows: A Comparative Perspective, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials via webcast at a Roundtable on Protecting and Enforcing IP in the Trade Show Context hosted by the United States Patent and Trademark Office's Global Intellectual Property Academy in Alexandra, Virginia. Professor Trimble discussed various enforcement routes and their respective challenges. She also introduced mechanisms available in Europe and compared them to current mechanisms in the United States.
Semiotic Disobedience, Sonia K. Katyal
Semiotic Disobedience, Sonia K. Katyal
Sonia Katyal
Nearly twenty years ago, a prominent media studies professor, John Fiske, coined the term “semiotic democracy” to describe a world where audiences freely and widely engage in the use of cultural symbols in response to the forces of media. A semiotic democracy enables the audience, to a varying degree, to “resist,” “subvert,” and “recode” certain cultural symbols to express meanings that are different from the ones intended by their creators, thereby empowering consumers, rather than producers. In this Article, I seek to introduce another framework to supplement Fiske’s important metaphor: the phenomenon of “semiotic disobedience.” Three contemporary cultural moments in …
Brief Of Public Knowledge, The Electronic Frontier Foundation, Engine Advocacy, And The R Street Institute As Amici Curiae In Support Of Respondents, Charles Duan
Amicus Briefs
Where Congress places conditions upon the patent grant in furtherance of the public interest in individual liberty, Congress acts at the apex of its powers under the Constitution. Inter partes review is a legislative condition on the patent grant, designed for an innovative modern world, specifically crafted to dispose of erroneously issued patents that burden the public. It is the traditional place of Congress to make these balanced political judgments, and Article III poses no barrier to Congress executing its Article I obligation to protect the public by limiting patents.
2017 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
2017 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
Cardozo Life Magazine
Table of Contents:
Cardozo and Yeshiva University Welcome New President, page 3
Top News & Events, page 4
Clinics News, page 9
The Independent Film Clinic: Lights, Camera, Transaction!, page 12
Faculty Briefs, page 14
In Brief, page 21
Coming to America, page 24
The Innocence Project Turns 25, page 34
Cardozo Law: Then & Now, page 36
Student News, page 39
Know What Your Work is Worth: Lessons from Prince’s Lawyer, page 40
Movers & Shakers, page 42
Alumni News & Class Notes, page 43
End Note, page 49
Use Of Mediation To Recover Rights To Our Genes, Rachel Albert
Use Of Mediation To Recover Rights To Our Genes, Rachel Albert
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Do The Evolution: The Effect Of Ksr V. Teleflex On Biotechnology, Josh Harrison
Do The Evolution: The Effect Of Ksr V. Teleflex On Biotechnology, Josh Harrison
Oklahoma Journal of Law and Technology
No abstract provided.
The Pull Of Patents, Brett M. Frischmann
Intergenerational Progress, Brett Frischmann, Mark P. Mckenna
Intergenerational Progress, Brett Frischmann, Mark P. Mckenna
Brett Frischmann
This Essay prepared for the Wisconsin Law Review’s symposium on Intergenerational Equity lays the groundwork for a broader understanding of the goals of IP law in the United States by arguing that there is room for a normative commitment to intergenerational justice. First, we argue that the normative basis for IP laws need not be utilitarianism. The Constitution does not require that we conceive of IP in utilitarian terms or that we aim only to promote efficiency or maximize value. To the contrary, the IP Clause leaves open a number of ways to conceive of Progress; courts’ and scholars’ overwhelming …
Cannabis Trademarks: A State Registration Consortium Solution, Russell W. Jacobs
Cannabis Trademarks: A State Registration Consortium Solution, Russell W. Jacobs
Washington and Lee Law Review Online
This article proposes a solution to a problem in the cannabis industry resulting from the unavailability of federal trademark registration for that sector. The author offers modest changes to the existing state trademark registration systems to make up for the gaps at the federal level. The proposed reforms would strengthen the trademark framework by conferring on cannabis trademark registrations presumptions of ownership, exclusive rights, and validity beyond the presumption of registration currently afforded under state laws. To extend protection throughout the geographic breadth of the cannabis marketplace, the states with legalized recreational cannabis would offer reciprocal recognition of state cannabis …
A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu
A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu
Washington and Lee Law Review
No abstract provided.
Human Capital As Intellectual Property? Non-Competes And The Limits Of Ip Protection, Viva R. Moffat
Human Capital As Intellectual Property? Non-Competes And The Limits Of Ip Protection, Viva R. Moffat
Akron Law Review
Non-compete agreements have become increasingly common in recent years, imposed on twenty to forty percent (or more) of employees in some industries, both in the knowledge-intensive fields where they might be expected but also in the service industries on low-wage workers. As non-competes have proliferated, they have become increasingly controversial. Much of the discussion revolves around whether the agreements help or hinder innovation and economic growth. While this is also accompanied by some concern about the effect of non-competes on employees, little attention has been paid to the fact that employers use non-competes as tools for protecting intellectual property and …
Trademark Boundaries And 3d Printing, Lucas S. Osborn
Trademark Boundaries And 3d Printing, Lucas S. Osborn
Akron Law Review
3D printing technology promises to disrupt trademark law at the same time that trademark law and policy sustain repeated criticism. The controversial growth of trademark law over the last century has yielded amorphous sponsorship and affiliation confusion issues and empirically fragile post-sale and initial-interest confusion theories, among others. Into this melee marches 3D printing technology, which dissociates the process of design from that of manufacturing and democratizes manufacturing. Rather than being embodied only in physical objects, design is embodied in digital CAD files that users can post and sell on the internet. The digitization of physical objects raises fundamental questions …
Charitable Trademarks, Leah Chan Grinvald
Charitable Trademarks, Leah Chan Grinvald
Akron Law Review
Charity is big business in the United States. In 2015, private individuals or entities donated over $350 billion, which accounted for approximately two percent of the gross domestic product in the United States. Even though this seems like big money, these donations were split among over 1.5 million organizations. And each year, the number of charitable organizations grows and therefore, the competition for public donations increases. In part to succeed in such competition, some charitable organizations have turned to branding and trademarks as a way to differentiate their entities and to encourage donations. Drawing from the for-profit branding and trademarking …
Redefining The Intended Copyright Infringer, Yvette Joy Liebesman
Redefining The Intended Copyright Infringer, Yvette Joy Liebesman
Akron Law Review
The contemporary copyright infringer is pretty much anyone who can get caught. Yet, who could be caught back when the Copyright Act of 1976 was enacted is just a subset of those who can be caught today—we had very different concepts about who was the intended target of an infringement action than who fits into that mold today. The advent and growth of cyberspace communication now makes it both easier to infringe and for IP owners, with very little effort, to capture infringers. The ability of individuals to both easily infringe and easily be found infringing has altered the IP …
Copyright Easements, Jason Mazzone
Copyright Easements, Jason Mazzone
Akron Law Review
When authors assign the copyright in their work to publishers, some productive uses of the work are impeded. The author loses opportunities to use or to authorize others to use the work unless the publisher consents; the publisher does not permit all uses of the work that the author would like or that would benefit a consuming audience. Copyright easements can solve the problem. Under a system of copyright easements, an easement holder would have designated rights in a creative work that would permit uses of the work that would ordinarily require permission of the copyright owner. If the author …
Reconsidering Experimental Use, Rochelle Cooper Dreyfuss
Reconsidering Experimental Use, Rochelle Cooper Dreyfuss
Akron Law Review
In the years since the Supreme Court began to narrow the scope of patentable subject matter, uncertainties in the law have had a deleterious impact on several important innovation sectors, including, in particular, the life sciences industry. There are now initiatives to expand patentable subject matter legislatively. In this article, I suggest that the Supreme Court’s jurisprudence is an outgrowth of the concern that patents on fundamental discoveries impede scientific research. To deal with that issue, any measure to expand the subject matter of patenting should be coupled with a parallel expansion of defenses to infringement liability, including the restoration …
Patent Submission Policies, Ryan T. Holte
Patent Submission Policies, Ryan T. Holte
Akron Law Review
This Article focuses on the early stage of commercialization communication when a third-party inventor owns an invention protected by a patent that a manufacturer-commercializer may profit from producing—long before any allegation of infringement or litigation. These submission-review communications by unaffiliated third parties are covered by corporate policies known as “patent submission policies.” They are the figurative “front doors” to a company for any third-party inventor, crucial to the commercialization of inventions generally. Unfortunately, patent submission policies have thus far remained unstudied in legal academic scholarship.
This Article collects and analyzes the current variations of patent submission policies adopted by the …
Print Your Own Pandora's Box: 3d Printing, Intellectual Property Law, And The Internet For Lay-Lawyers, Adam Lewental
Print Your Own Pandora's Box: 3d Printing, Intellectual Property Law, And The Internet For Lay-Lawyers, Adam Lewental
The Business, Entrepreneurship & Tax Law Review
This comment’s main purpose is to explore intellectual property law meant to protect against manufacturing infringement after manufacturing becomes decentralized. Part II glimpses into the applicable 3D printing technology, with a focus on its current capabilities and future application. Part III explores the rift between utility and design intellectual property protection within the framework of intellectual property protection. Part IV analyzes the overlap of the technology and the law. Part V projects the potential impact of inaction by drawing comparisons to parallel issues, as well as the potential impact of the technology itself.
A Tale Of Tulips: A Counterpoint To Courts Codifying Collectibles, Hunter S. Higgins
A Tale Of Tulips: A Counterpoint To Courts Codifying Collectibles, Hunter S. Higgins
The Journal of Business, Entrepreneurship & the Law
The goal of this Note is to educate the courts and public of the patent inconsistencies and latent implications of judicial interference in the art and collectibles market, as prosecutors, judges, and the public risk unraveling the delicate fabric of its legal and economic framework. Part II of the Note will closely examine the economics of the art and collectibles marketplace, from internal changes at the auction house to external changes in the global marketplace. In particular, the Note will examine the Asian marketplace, which has led the global expansion of art and collectibles, and the potential dangers of the …
Brexit And Ip: The Great Unraveling?, Graeme Dinwoodie, Rochelle Dreyfuss
Brexit And Ip: The Great Unraveling?, Graeme Dinwoodie, Rochelle Dreyfuss
All Faculty Scholarship
In theory, exit from Brexit will free the United Kingdom from the constraints and burdens of EU membership. It will transfer sovereignty back to the people from the technocratic rule of Brussels; replace the jurisprudence of the Court of Justice with the adjudicative power of national courts; and allow the UK to tailor its market regulation in the particular exigencies of the UK economy. Whether, as a general matter, the restoration of a classic Westphalian state enhances value either nationally or globally is an issue we leave to others to debate.We ask a different question: we explore how well the …
Brexit And Ip: The Great Unraveling?, Graeme B. Dinwoodie, Rochelle C. Dreyfuss