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Intellectual Property Law

2022

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Full-Text Articles in Technology and Innovation

A Qualitative Look Into Repair Practices, Jumana Labib Aug 2022

A Qualitative Look Into Repair Practices, Jumana Labib

Undergraduate Student Research Internships Conference

This research poster is based on a working research paper which moves beyond the traditional scope of repair and examines the Right to Repair movement from a smaller, more personal lens by detailing the 6 categorical impediments as dubbed by Dr. Alissa Centivany (design, law, economic/business strategy, material asymmetry, informational asymmetry, and social impediments) have continuously inhibited repair and affected repair practices, which has consequently had larger implications (environmental, economic, social, etc.) on ourselves, our objects, and our world. The poster builds upon my research from last year (see "The Right to Repair: (Re)building a better future"), this time pulling …


Selling Antitrust, Herbert J. Hovenkamp Aug 2022

Selling Antitrust, Herbert J. Hovenkamp

All Faculty Scholarship

Antitrust enforcers and its other defenders have never done a good job of selling their field to the public. That is not entirely their fault. Antitrust is inherently technical, and a less engaging discipline to most people than, say, civil rights or criminal law. The more serious problem is that when the general press does talk about antitrust policy it naturally gravitates toward the fringes, both the far right and the far left. Extreme rhetoric makes for better press than the day-to-day operations of a technical enterprise. The extremes are often stated in overdramatized black-and-white terms that avoid the real …


Patents And Market Research: Librarians Partnering To Assist Bioengineering Senior Design Teams, Jennifer L. Groff, Meredith Futral Jul 2022

Patents And Market Research: Librarians Partnering To Assist Bioengineering Senior Design Teams, Jennifer L. Groff, Meredith Futral

Journal of the Patent and Trademark Resource Center Association

Clemson’s business and engineering librarians have partnered to create a two-step, efficient process to assist Bioengineering Senior Design students in understanding patents and patent searching and market research. Clemson University’s required two-semester Bioengineering Senior Design program matches teams of students with regional clinicians to develop biomedical devices that they research, design, prototype, and test. In the first semester of the program, in which the business and engineering librarians are involved, students take BioE4010-Bioengineering Design Theory. BioE4010 is offered in both the Fall and Spring semesters, but enrollment is significantly higher in the fall. For example, in the Fall of 2021 …


Ptrc Customer Assessment Survey And Best Practices, John Schlipp, Christian Sheehy Jul 2022

Ptrc Customer Assessment Survey And Best Practices, John Schlipp, Christian Sheehy

Journal of the Patent and Trademark Resource Center Association

Assessment of customer activities in academic, public, and special libraries demonstrates their impact and value to library administrators and constituents. In turn, this assists in securing and maintaining advocacy and financial support. Although many formal and informal assessment best practices have evolved to measure the quantitative and qualitative impact of information literacy instruction, few if any best practices have been established to measure impact specific to Patent & Trademark Resource Center (PTRC) customers. This article reviews the results of a survey of PTRC Libraries and their customer assessment practices. Such analysis reveals best practices for other PTRCs to build upon …


Innovation’S Hidden Externalities, Stephanie Plamondon Bair Jun 2022

Innovation’S Hidden Externalities, Stephanie Plamondon Bair

BYU Law Review

When commentators discuss innovation’s externalities, they often classify them into one of two categories. On the positive externalities, or “spillovers” side, legal and economics scholars often speak of the benefits innovation confers on other innovators. Future innovators profit from past innovation as they “stand on the shoulders of giants” to develop progressively new and better innovation. Discussion of innovation’s negative externalities, on the other hand, has mainly focused on social harms not directly related to future innovation that particular advances impose on third parties—the classic example being pollution. Thus, the common understanding is that innovation’s spillovers positively impact innovation (among …


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 Jun 2022

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 Jun 2022

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 …


Abstracts Of Best Paper Winners From The 2nd Ipophl-Dlsu Ip And Innovation Research Conference Jun 2022

Abstracts Of Best Paper Winners From The 2nd Ipophl-Dlsu Ip And Innovation Research Conference

Asia-Pacific Journal of IP Management and Innovation

ABSTRACTS OF BEST PAPER WINNERS FROM THE 2ND IPOPHL-DLSU IP AND INNOVATION RESEARCH CONFERENCE


The Next Frontier: The Arbitrability Of Intellectual Property Disputes, Daniel Hofilena Jun 2022

The Next Frontier: The Arbitrability Of Intellectual Property Disputes, Daniel Hofilena

Asia-Pacific Journal of IP Management and Innovation

Intellectual property rights (IPRs) are private rights and are only as strong as the means to enforce them. In this light, arbitration has been an increasingly attractive alternative for parties to resolve their disputes due to its efficiency, specialty, confidentiality, and deference to party autonomy. Arbitral awards can likewise be enforced across jurisdictions that are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However, the capability of parties to submit IPR matters to arbitration is sometimes limited by the State under its laws. This study will explore possible solutions to the arbitrability of …


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 Jun 2022

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 Jun 2022

Preliminaries

Asia-Pacific Journal of IP Management and Innovation

Preliminaries


A Sound Vote: Integrity, Music Copyright, And Politics In The Philippines, Mark Robert Dy Jun 2022

A Sound Vote: Integrity, Music Copyright, And Politics In The Philippines, Mark Robert Dy

Asia-Pacific Journal of IP Management and Innovation

This research aims to determine whether the moral right of integrity may be invoked by composers or performers to prevent the use of their music for political campaigning. Protecting the integrity of a work does not only mean keeping a work unchanged but also includes preventing its use in an undesirable context. Under ordinary circumstances, a license from the music publisher or agent would be enough permission to play or perform music publicly. However, political campaigns are uniquely complicated situations because permitting the use of one’s music might be perceived as support for a political candidate, party, or ideology. The …


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 Jan 2022

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 Jan 2022

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 Jan 2022

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 Jan 2022

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 …