Business Commons^™

Young Filipinos’ Attitudes Towards Counterfeit Products: A Descriptive Study On Attitudes And Perceptions: A Study By The Ip Academy Of The Intellectual Property Office Of The Philippines, Ma. Liezel Bumanglag

Asia-Pacific Journal of IP Management and Innovation

The prevalence of counterfeit goods is a problem that is affecting different countries, posing threats to individuals, businesses, and economies. Given that the Philippines is characterized by its largely young population, this study aims to describe the perceptions and attitudes of young Filipinos toward counterfeit goods, with the hope of using this data to assist the Intellectual Property Office of the Philippines (IPOPHL) in its fight against counterfeits. Specifically, this study aims to describe the demographic characteristics of young Filipinos who have bought counterfeit goods; to describe the frequency and willingness of young Filipinos to buy counterfeit goods; to identify …

Lacking Copyright: A Policy Brief On The Prohibition On The Public Education Sector Of The Philippines To Own Copyright And Its Consequences, Clifford C. Chan, Yasmine Lee R. Tadeo, Sheena T. Rima, Romeo Joshua Movido

Asia-Pacific Journal of IP Management and Innovation

The COVID-19 pandemic has brought about numerous consequences upon the global community, whether socially or economically. The education sector has not been isolated from the effects of the pandemic, having to largely suspend face-to-face classes, its traditional approach to learning, in favor of alternative modalities in teaching. To ensure learning continuity despite the difficulties caused by the pandemic, the Department of Education - Philippines promulgated a series of DepEd Orders directing public and private schools to adopt alternative methods of learning such as online distance learning and the preparation of Self Learning Modules. The resort to the different learning modalities …

The Concept Of Originality And Creativity In The Humanities, The Social Sciences And The Natural Sciences, Madelene Sta. Maria, Christopher Cruz, Maria Judy San Juan, Charisse Tan, Rajiv Amarnani

Asia-Pacific Journal of IP Management and Innovation

The study was conducted to determine how 21 experts in the discipline clusters of humanities, the social sciences and the natural sciences defined originality and creativity in terms of how these concepts are understood and realized in the production of works in their respective disciplines, what related copyright issues emerge related to these concepts, and how these two concepts are related. Through thematic qualitative analysis of in-depth interview data, findings suggest that while there may be converging ideas about originality and creativity among the discipline clusters, the way this concept is operationalized by each discipline significantly vary. The study is …

Preliminaries

Asia-Pacific Journal of IP Management and Innovation

Preliminaries

About The Journal

Asia-Pacific Journal of IP Management and Innovation

About the Journal

A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski

Publications and Research

Abstract

Purpose – In this paper, a call to the library and information science community to support documentation and conservation of cultural and biocultural heritage has been presented.

Design/methodology/approach – Based in existing Literature, this proposal is generative and descriptive— rather than prescriptive—regarding precisely how libraries should collaborate to employ technical and ethical best practices to provide access to vital data, research and cultural narratives relating to climate.

Findings – COVID-19 and climate destruction signal urgent global challenges. Library best practices are positioned to respond to climate change. Literature indicates how libraries preserve, share and cross-link cultural and scientific knowledge. …

Program & Proceedings Of The 2022 Colloquium Of The Stony Brook University Intellectual Property Partners Female Perspectives On Entrepreneurship And Research How Diverse Perspectives Inspire Creativity, Drive Innovation, And Encourage Inclusive Economic Growth, Clovia Hamilton, Elizabeth Dougherty, Amanda Elam, Pamela J. Kalbfleisch, Siri Terjesen, Jennifer L. Woolley

Technology & Society Faculty Publications

Diverse and varied perspectives are not only central to our institutional mission, but are essential to our society, as we hope to create a more inclusive, more sustainable and ultimately brighter world. Diverse perspectives and collaboration between different institutions, fields and industries must become the norm. This is the program and proceeding of Stony Brook University's colloquium on female perspectives on entrepreneurship and research and how diverse perspectives inspire creativity, drive innovation, and encourage inclusive economic growth. This was a much-needed discussion in January 2022 that's important for the development of entrepreneurship and research worldwide. At Stony Brook University, the …

Female Perspectives On Entrepreneurship And Research How Diverse Perspectives Inspire Creativity, Drive Innovation, And Encourage Inclusive Economic Growth, Clovia Hamilton, Elizabeth Dougherty, Amanda Elam, Pamela J. Kalbfleisch, Siri P. Terjesen, Jennifer L. Woolley

Technology & Society Faculty Publications

Diverse and varied perspectives are not only central to our institutional mission, but are essential to our society, as we hope to create a more inclusive, more sustainable and ultimately brighter world. Diverse perspectives and collaboration between different institutions, fields and industries must become the norm. This is the program and proceeding of Stony Brook University's colloquium on female perspectives on entrepreneurship and research and how diverse perspectives inspire creativity, drive innovation, and encourage inclusive economic growth. This was a much-needed discussion in January 2022 that's important for the development of entrepreneurship and research worldwide. At Stony Brook University, the …

Female Perspectives On Entrepreneurship And Research How Diverse Perspectives Inspire Creativity, Drive Innovation, And Encourage Inclusive Economic Growth, Clovia Hamilton, Elizabeth Dougherty, Amanda Elam, Pamela J. Kalbfleisch, Siri P. Terjesen, Jennifer L. Woolley

Technology & Society Faculty Publications

Diverse and varied perspectives are not only central to our institutional mission, but are essential to our society, as we hope to create a more inclusive, more sustainable and ultimately brighter world. Diverse perspectives and collaboration between different institutions, fields and industries must become the norm. This is the program and proceeding of Stony Brook University's colloquium on female perspectives on entrepreneurship and research and how diverse perspectives inspire creativity, drive innovation, and encourage inclusive economic growth. This was a much-needed discussion in January 2022 that's important for the development of entrepreneurship and research worldwide. At Stony Brook University, the …

The Application Of The Right To Be Forgotten In The Machine Learning Context: From The Perspective Of European Laws, Zeyu Zhao

Catholic University Journal of Law and Technology

The right to be forgotten has been evolving for decades along with the progress of different statutes and cases and, finally, independently enacted by the General Data Protection Regulation, making it widely applied across Europe. However, the related provisions in the regulation fail to enable machine learning systems to realistically forget the personal information which is stored and processed therein.

This failure is not only because existing European rules do not stipulate standard codes of conduct and corresponding responsibilities for the parties involved, but they also cannot accommodate themselves to the new environment of machine learning, where specific information can …

Study Of The Underrepresentation Of Women And Women-Identifying Ip- Rights Holders, Company Founders And Senior Leadership: Final Report To Innovation Asset Collective, Myra Tawfik, Heather Pratt

Law Publications

In 2018 the Government of Canada (Industry, Science and Economic Development Canada) launched its National IP Strategy with a view to helping “Canadian businesses, creators, entrepreneurs and innovators understand, protect and access intellectual property (IP)” 1 Among its many policy initiatives, it identified the underrepresentation of women and womenidentifying2 and Indigenous entrepreneurs in the IP system as areas of concern.3 Encouraging greater success for these and other excluded groups necessarily means facilitating greater participation in generating, protecting and strategically leveraging their IP. In 2020, the Innovation Asset Collective (IAC), which was established pursuant to the National IP Strategy, issued a …

Antitrust And Platform Monopoly, Herbert J. Hovenkamp

All Faculty Scholarship

Are large digital platforms that deal directly with consumers “winner take all,” or natural monopoly, firms? That question is surprisingly complex and does not produce the same answer for every platform. The closer one looks at digital platforms the less they seem to be winner-take-all. As a result, competition can be made to work in most of them. Further, antitrust enforcement, with its accommodation of firm variety, is generally superior to any form of statutory regulation that generalizes over large numbers.

Assuming that an antitrust violation is found, what should be the remedy? Breaking up large firms subject to extensive …

Session 1: Access To Legal Services - The Role Of Innovation And Technology, Steven Bender, Stacy Butler, Anna Carpenter, Michael Cherry, Sands Mckinley, Kimball Dean Parker, Miguel Willis

SITIE Symposiums

This expert panel is addressing access to justice problems. People without access to lawyers and legal services suffer in many ways not limited to divorce, domestic violence, and educational roadblocks. This panel will ask what lawyers can do to help, in what ways can technology help or replace lawyers in the delivery of legal and non-legal services. It will also explore different legal services being offered by individuals who do not have a JD, online firms, and developing technology in a law firm owed subsidiary. There are six panelists who are broken into two categories: (1) the innovation and delivery …

Opening Session, Annette Clark, Steven Bender

SITIE Symposiums

This year's conference focuses on the social good, highlighting three access barriers fundamental in law and society - access to legal services (and more generally, justice), access to health and health care during the COVID-19 pandemic, and access to financial services for the unbanked or underbanked.

Questioning Authority: Patents And Source Evaluation In An Era Of Misinformation, Jess O'Toole

Journal of the Patent and Trademark Resource Center Association

In the world of academic research, patents are classified as primary literature, and are recognized as “a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else” (World Intellectual Property Organization, 2015, p.4). Because of their status, patents are often left out of conversations surrounding source credibility and evaluation. Recent news relating to the conspiracy theories surrounding the COVID-19 pandemic and several patents, however, demonstrates the potential use of patents in spreading misinformation and disinformation. Through applying source evaluation techniques in keeping with the Association of College & Research Libraries’ …

Stalking The Wild X Patent, Barbara J. Hampton

Journal of the Patent and Trademark Resource Center Association

For most of the history of the patent office, recorded patents were used primarily to enforce the patent holder’s rights during the life of the patent and to evaluate prior art, in determining patentability. The limits of manual indexes and hand counts of entries made more sophisticated analyses impractical. Recently, a number of researchers have begun to apply scientometric methods to assess trends and causation in patterns of innovation in the United States by organizing data elements from patent documents. Although most patents are now searchable, fully digital records, the records of the earliest patents (1790–1836) were incinerated in a …

Intellectual Property, Secrets, And Declassified Information. Mastering United States Government Information: Sources And Services, Christopher C. Brown, Libraries Unlimited, 2020., Suzanne Reinman

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

The Duality Of Fashion: How Industry Norms Impact Market Returns In The Fashion Industry, Zoe Carter

Chancellor’s Honors Program Projects

No abstract provided.

Increasing Investment In Stem Education For Females: Policy Considerations, Becky Harris, Andrea Dassopoulos, Daniel Sahl, Anna Starostina

UNLV Gaming Research & Review Journal

During this difficult economic time, as policy makers decide how to use their limited resources to help prepare the rising generation for the demands of an ever-changing workforce, aligning K-12 educational priorities with higher education and economic development can help maximize public dollar investments in STEM education, particularly when females are given access to STEM and STEM-related education and programs. Smart public policy initiatives can help increase the representation of women in the technology, research and development, and innovation departments.

The purpose of this article is to provide policy recommendations that could help increase gender diversity and participation in STEM …

Intellectual Property For New Entrepreneurs, Michael Johnston

Honors Projects

Abstract – New entrepreneurs, regardless of age, encounter several barriers regarding intellectual property. My research posits that new entrepreneurs are burdened by both informational barriers and lack of resources. A data driven analysis of this problem produced an easy to comprehend guide targeted to new entrepreneurs. This paper presents a subjective guide for entrepreneurs that details patents, trademarks, copyrights, and licensing.

Is There A New Extraterritoriality In Intellectual Property?, Timothy R. Holbrook

Faculty Articles

This Article proceeds as follows. Part I discusses the state of the law of extraterritoriality in copyright, trademark, and patent, as it stood before the Supreme Court’s recent intervention. This review demonstrates that all three disciplines were treating extraterritoriality very differently, and none were paying much attention to the presumption against extraterritoriality. Part II reviews a tetralogy of recent Supreme Court cases, describing the Court’s attempt to formalize its approach to extraterritoriality across all fields of law. Part III analyzes the state of IP law in the aftermath of this tetralogy of extraterritoriality cases. It concludes that there has been …

Appropriation Of Artisans' Intellectual Property In Fashion Design Accessories: Piracy Disguised As Giving Back?, Clovia Hamilton

Technology & Society Faculty Publications

Creative industries are industries focused on the creation and exploitation of intellectual propert, including art, fashion design, and related creative services, such as advertisement and sales. During a trip to Burkina Faso in \Nest Africa, Keri Fosse was taught by an African woman how to wrap newborns with fabric in a manner that creates a strong bond and frees the mother's hands for other tasks. Burkina Faso has a craft culture and is known for its woven cotton and the textile art of Bogolan. Bogolan is a technique original to Mali and involves the tradition of dyeing threads with bright …

Propertizing Fair Use, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

In its current form, fair use doctrine provides a personal defense that applies narrowly to the specific use by the specific user. The landmark case of Google v. Oracle, currently pending before the Supreme Court, illustrates why this is problematic. Even if the Court were to rule that Google’s use of Oracle’s Java API’s was fair, the ruling would not protect the numerous parties that developed Java applications for the Android operating system; it would only shelter Google and Google’s particular use. This is not an isolated problem; the per use/per user rule cuts across fair uses of copyrighted …

Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl

All Faculty Scholarship

University technology transfer offices (TTOs) are the gatekeepers to groundbreaking innovations sparked in research laboratories around the U.S. With a business model reliant on patenting and licensing out for commercialization, TTOs were positioned for upheaval when the America Invents Act (AIA) transformed U.S. patent law in 2011. Now almost ten years later, this article examines the AIA’s actual effects on this patent-centric industry. It focuses on the five key areas of most interest to TTOs: i) first to file priority; ii) broadening of the universe of prior art; iii) carve-out to the prior commercial use defense; iv) micro-entity fees; and …

Competitive Harm From Vertical Mergers, Herbert J. Hovenkamp

All Faculty Scholarship

The antitrust enforcement Agencies' 2020 Vertical Merger Guidelines introduce a nontechnical application of bargaining theory into the assessment of competitive effects from vertical acquisitions. The economics of such bargaining is complex and can produce skepticism among judges, who might regard its mathematics as overly technical, its game theory as excessively theoretical or speculative, or its assumptions as unrealistic.

However, we have been there before. The introduction of concentration indexes, particularly the HHI, in the Merger Guidelines was initially met with skepticism but gradually they were accepted as judges became more comfortable with them. The same thing very largely happened again …

A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr

Dickinson Law Review (2017-Present)

Today, companies use blockchain technology and digital assets for a variety of purposes. This Comment analyzes the digital token. If the Securities and Exchange Commission (SEC) views a digital token as a security, then the issuer of the digital token must comply with the registration and extensive disclosure requirements of federal securities laws.

To determine whether a digital asset is a security, the SEC relies on the test that the Supreme Court established in SEC v. W.J. Howey Co. Rather than enforcing a statute or agency rule, the SEC enforces securities laws by applying the Howey test on a fact-intensive …

Knowledge Based View Of University Tech Transfer—A Systematic Literature Review And Meta-Analysis, Clovia Hamilton, Philbin P. Simon

Technology & Society Faculty Publications

Research and technology commercialization at research-intensive universities has helped to develop provincial economies resulting in university startups, the growth of other new companies and associated employment. University technology transfer offices (TTOs) oversee the process of technology transfer into the commercial marketplace and these organizational units can be considered in the context of enabling effective knowledge management. However, what enables productive TTO performance has not been comprehensively researched. Therefore, this research study adopted the knowledge-based view as the theoretical construct to support a comprehensive investigation into this area. This was achieved through employing a systematic literature review (SLR) combined with a …

Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin

Open Educational Resources

Technology has changed dramatically over the last couple of decades. Currently, virtually all business industries are powered by large quantities of data. The potential as well as actual uses of business data, which oftentimes includes personal user data, raise complex issues of informed consent and data protection. This course will explore many of these complex issues, with the goal of guiding students into thinking about tech policy from a broad ethical perspective as well as preparing students to responsibly conduct themselves in different areas and industries in a world growingly dominated by technology.

Law And Authors: A Legal Handbook For Writers (Introduction), Jacqueline D. Lipton

Book Chapters

Drawing on a wealth of experience in legal scholarship and publishing, Professor Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, academic, journalism, freelance content development). This introductory chapter outlines the key legal and business issues authors are likely to face during the course of their careers, and emphasizes that most legal problems have solutions so law should never be an excuse to avoid writing something that an author feels strongly about creating. The larger work draws from case studies and hypothetical examples to address issues of copyright …

Memes And Copyright: Article 13, Branding, And Digital Remix Culture, Yasemin Beykont

Theses and Dissertations

This study investigates the impact of the EU digital copyright directive, Article 13, on memes and internet culture. Due to their transformative nature, it is tricky to fit memes into a traditional copyright framework. Article 13’s filter algorithms will be coded to detect posts that make use of intellectual property, thereby complicating the use of copyrighted images drawn from film and television. This study includes a discourse analysis of news coverage of Article 13 to explore how various groups characterized the value of meme culture and the threats posed by the new directive. It also includes a textual analysis of …