Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 12 of 12
Full-Text Articles in Entire DC Network
Custom Data Fuels Oecd's Innovation Strategy, Research Trends Editorial Board
Custom Data Fuels Oecd's Innovation Strategy, Research Trends Editorial Board
Research Trends
The Organisation for Economic Co-Operation and Development (OECD) has recently decided to develop an Innovation Strategy to help governments boost innovation performance. We speak to Hiroyuki Tomizawa, Principal Administrator in the Economic Analysis and Statistics Division of the Directorate for Science, Technology and Industry at the OECD.
Torts And Innovation, Gideon Parchomovsky, Alex Stein
Torts And Innovation, Gideon Parchomovsky, Alex Stein
Michigan Law Review
This Essay exposes and analyzes a hitherto overlooked cost of tort law: its adverse effect on innovation. Tort liability for negligence, defective products, and medical malpractice is determined by reference to custom. We demonstrate that courts' reliance on custom and conventional technologies as the benchmark of liability chills innovation and distorts its path. Specifically, recourse to custom taxes innovators and subsidizes replicators of conventional technologies. We explore the causes and consequences of this phenomenon and propose two possible ways to modify tort law in order to make it more welcoming to innovation.
The Adoption And Diffusion Of Computing And Internet Technologies In Historically Black Colleges And Universities, Lawrence Joseph
The Adoption And Diffusion Of Computing And Internet Technologies In Historically Black Colleges And Universities, Lawrence Joseph
International Journal of Applied Management and Technology
The rapid growth of technologies is providing the opportunity for innovative design and delivery of curriculum and instructional materials to college students; yet many college faculty members, especially in historically Black Colleges and Universities (HBCU), are not using this technology. With a widening gap in access to technologies for minorities, this is a significant issue. In this study, specific research questions focused on HBCU faculty’s current use of technology, desire to incorporate new technology, view of organizational support, and potential gender or age differences. Surveys were conducted at five HBCU with established records of leadership in education. Using quantitative statistics, …
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
American University Law Review
In recent years, the innovation market has witnessed a new business model involving companies that are mere patent holding shells and not operating entities. They have no customers or products to offer, but they do have an aggressive tactic of using patent portfolios to threaten other operating companies with potential infringement litigation. The strategy is executed with the end goal of extracting handsome settlements. Acquisitions of patents for offensive use have become a major concern to operating companies because such acquisitions pose the threats of patent injunction, interrupting the business and crippling further innovation. While many operating companies today know …
Law Enforcement In Subordinated Communities: Innovation And Response, Richard Delgado
Law Enforcement In Subordinated Communities: Innovation And Response, Richard Delgado
Michigan Law Review
Policing styles and policy reform today exhibit a ferment that we have not seen since the turbulent sixties. The reasons propelling reform include some of the same forces that propelled it then - minority communities agitating for a greater voice, demands for law and order - but also some that are new, such as the greater premium that society places on security in a post-9/11 world. Three recent books discuss this new emphasis on styles of policing. Each centers on policing in minority communities. Steve Herbert's Citizens, Cops, and Power: Recognizing the Limits of Community examines the innovation known as …
Market-Driven Hotel Brands: Linking Market Orientation, Innovation, And Performance, Chekitan S. Dev, Sanjee Agarwal, M. Krishna Erramilli
Market-Driven Hotel Brands: Linking Market Orientation, Innovation, And Performance, Chekitan S. Dev, Sanjee Agarwal, M. Krishna Erramilli
Hospitality Review
"Market orientation" is a term popularized by marketing practitioners to indicate the extent to which a firm is market driven. This presumed linkage between market orientation and profitability has caught the attention of scholars, but, surprisingly, only two prior studies have reported a positive association between the two. Given the special relevance to the hotel industry of being market driven, we believe this industry provides the ideal setting for demonstrating the link between market orientation and performance. This research examines this linkage in the hotel industry. The results of our study suggest that market orientation is positively and significantly related …
Research Tool Patents After Integra V. Merck - Have They Reached A Safe Harbor, Wolrad Prinz
Research Tool Patents After Integra V. Merck - Have They Reached A Safe Harbor, Wolrad Prinz
Michigan Telecommunications & Technology Law Review
The saga surrounding the Integra v. Merck cases has rekindled a heated debate about the proper scope of both common law exemption and the safe harbor provision, causing significant concern for owners of research tool patents. This Article will argue that the next judicial decision addressing the question of research tool patents should clarify that they are in a safe harbor because none of the two exemptions from infringement referenced above extends to the use of research tools in experiments in order to preserve the necessary incentives for their creation in the first place. Allowing access to research tools under …
Speaking Words Of Wisdom: Let It Be: The Reexamination Of The Human Embryonic Stem Cell Patents, Julia Vom Wege Dovi
Speaking Words Of Wisdom: Let It Be: The Reexamination Of The Human Embryonic Stem Cell Patents, Julia Vom Wege Dovi
Marquette Intellectual Property Law Review
Embryonic stem cell research represents an area of scientific inquiry that bears great promise, and patent law ensures that stem cell technology is both protected and utilized to its fullest potential. This article analyzes why the USPTO should not invalidate or narrow three challenged stem cell patents owned by the Wisconsin Alumni Research Foundation (WARF) through the Public Patent Foundation. The author outlines the science behind stem cells, explains the applicable law, and articulates the policy considerations relevant to patent law and stem cells. Ultimately, the author argues that that the challenged patents should remain valid because they have not …
Antitrust Liability For Refusal To License Intellectual Property: A Comparative Analysis And The International Setting, Rita Coco
Marquette Intellectual Property Law Review
Antitrust and IP law both share the goals of promoting innovation and benefiting consumers. A potential for conflict exists, however, when a dominant firm's refusal to license IP rights affects the dynamics of competition. Antitrust intervention in IP rights can reduce incentives to invest, whereas a failure to allow anticompetitive behavior can harm consumers and competitors while reducing the efficiency of the economic system. The author reviews the European and United States approaches to monopolization claims involving IP rights. The European approach is limited by the mismatch between national enforcement of IP rights and community enforcement of antitrust law. The …
Meddimmune, Microsoft, And Ksr: The United States Supreme Court In 2007 Tips The Balance In Favor Of Innovation In Patent Cases, And Thrice Reverses The Federal Circuit, Sue Ann Mota
Marquette Intellectual Property Law Review
In 2007 the Supreme Court reversed three patent cases from the Court of Appeals for the Federal Circuit. The three cases were MedImmune, Inc. v. Genentech, Inc. (holding a patent licensee does not have to breach a license agreement before seeking declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed), Microsoft Corp. v. AT&T Corp. (holding Microsoft did not supply a component of an invention from the United States that had the possibility of infringing under the Patent Act), and KSR International Co. v. Teleflex Inc. (holding the requirement of non-obviousness under the Patent Act is analyzed …
Urban Pastoral: Tradition And Innovation In Apollinaire's "Zone" And Rilke's "Zehnte Duineser Elegie", Eleanor E. Ter Horst
Urban Pastoral: Tradition And Innovation In Apollinaire's "Zone" And Rilke's "Zehnte Duineser Elegie", Eleanor E. Ter Horst
Studies in 20th & 21st Century Literature
Two early twentieth-century poets, Rainer Maria Rilke and Guillaume Apollinaire, create new relationships to literary traditions and thus reconfigure the meanings of modernity. In Apollinaire's "Zone" and Rilke's "Tenth Duino Elegy," the city represents what is most distincively modern and revolutionary about poetic practice, yet it also provides a link to the literary and historical past. The city in these poems is a site of poetic potentiality, where time is no longer characterized by the rigid separation between past and present, and where space is not geograpically delineated. Through the poets' use of metaphor and apostrophe, which create a suspension …
Users As Innovators: Implications For Patent Doctrine, Katherine J. Strandburg
Users As Innovators: Implications For Patent Doctrine, Katherine J. Strandburg
University of Colorado Law Review
User innovators range from commercial firms, which invent new production methods in expectation of competitive advantage, to individual hobbyists motivated entirely by their enjoyment of the inventive process. In this Article, I consider the implications for patent doctrine of the fact that many user innovators derive sufficient benefit simply from developing and using their inventions to motivate them to invest the effort necessary to invent them. Moreover, user innovators often benefit from "freely revealing" their innovations to others. Trade secrecy and patenting are not central to motivating this inventive activity. This picture of user innovation contrasts sharply with the seller …