Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 17 of 17
Full-Text Articles in Law
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
Touro Law Review
Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Pepperdine Law Review
No abstract provided.
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
Both A License And A Sale: How To Reconcile Self-Replicating Technology With Patent Exhaustion, Douglas Fretty
Both A License And A Sale: How To Reconcile Self-Replicating Technology With Patent Exhaustion, Douglas Fretty
The Journal of Business, Entrepreneurship & the Law
Too many authorities view the transfer of patented self-replicating technology (SRT) as either a pure license or a pure sale. If a pure license exists, the patentee can impose post-transfer restrictions on the product's use, frustrating the policy goals of limited monopoly and free alienability of chattels. If a pure sale is triggered, however, the patentee loses all rights through patent exhaustion, allowing the purchaser to replicate the chattel at will. Sensitive to this latter argument, several courts have enforced Monsanto Company's “bag tag” seed licenses, which require Monsanto's farmer customers to destroy all second-generation seed. Urging a middle path, …
Music As Biotech: Remixing The Ubmta For Use With Digital Samples, Adam G. Holofcener
Music As Biotech: Remixing The Ubmta For Use With Digital Samples, Adam G. Holofcener
Intellectual Property Brief
No abstract provided.
If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual Property Protection For Fashion Design Is In Poor Taste, Kari Heyison
Touro Law Review
No abstract provided.
Strict Interpretation Of 35 U.S.C. § 112: Requires Universities To Examine Their Patenting Methods, Sharon Barkume, Michael R. Bielski
Strict Interpretation Of 35 U.S.C. § 112: Requires Universities To Examine Their Patenting Methods, Sharon Barkume, Michael R. Bielski
Touro Law Review
No abstract provided.
To Patent Or Not To Patent, That Is The Question: Embryonic Stem Cell Patents Rejected In Europe, Amer Raja
To Patent Or Not To Patent, That Is The Question: Embryonic Stem Cell Patents Rejected In Europe, Amer Raja
Intellectual Property Brief
No abstract provided.
The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green
The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green
Intellectual Property Brief
No abstract provided.
Continuing The Conversation Of "The Economic Irrationality Of The Patent Misuse Doctrine", Christa J. Laser
Continuing The Conversation Of "The Economic Irrationality Of The Patent Misuse Doctrine", Christa J. Laser
Chicago-Kent Journal of Intellectual Property
This Article uses economic tools to find the best way for courts to construe or for Congress to modify the patent misuse doctrine. It attempts to continue the conversation begun by Professor Mark Lemley in his often-cited Comment, The Economic Irrationality of the Patent Misuse Doctrine. It argues that a partial economic equilibrium in patent misuse doctrine can be achieved by attempting to match Congress’s intended patent scope with the actual patent scope. It then holds that the ideal patent misuse doctrine should (1) adequately discourage patentees from seeking to exceed their patent scope while (2) continuing to encourage innovation …
The Plumpy'nut Predicament: Is Compulsory Licensing A Solution?, Umar R. Bakhsh
The Plumpy'nut Predicament: Is Compulsory Licensing A Solution?, Umar R. Bakhsh
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Renewing Healthy Competition: Compulsory Licenses And Why Abuses Of The Trips Article 31 Standards Are Most Damaging To The United States Healthcare Industry, Jon Matthews
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Federal Patent Takings, Christopher S. Storm
Federal Patent Takings, Christopher S. Storm
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The "Evolving Written Description Doctrine" And The Search For Specificity (A.K.A. Adequacy Is The Matter Of Invention.), Gerald R. Prettyman Jr.
The "Evolving Written Description Doctrine" And The Search For Specificity (A.K.A. Adequacy Is The Matter Of Invention.), Gerald R. Prettyman Jr.
The Journal of Business, Entrepreneurship & the Law
In 1996, the U.S. Supreme Court ruled in Markman that claim construction was a matter of law for the judge to decide. There was hope in the patent bar that Markman would bring uniformity to claim construction and a reduction to the lengthy process of patent litigation. Some authors report instead that the claim construction reversal rate is increasing. Other authors question the consistency of the rulings from the Court of Appeals for the Federal Circuit. Circuit Judge Rader of the Federal Circuit recently named this controversy the “Evolving Written Description Doctrine.” Behind this controversy primarily lies judicial interpretation of …
Environmental Initiative And The Role Of The Uspto’S Green Technology Pilot Program, Sarah M. Wong
Environmental Initiative And The Role Of The Uspto’S Green Technology Pilot Program, Sarah M. Wong
Marquette Intellectual Property Law Review
This Comment will address the environmental problems that confront the U.S. and the steps that the government has taken to solve them. Specifically, research funding and patent protection have provided the green industry an incentive to increase research and development of green technology. One of the more recent programs to help improve the patent protection of green technology, the Green Technology Pilot Program, accelerates the status of green technology through the United States Patent and Trademark Office (USPTO) patenting process. This Comment will suggest that the Program become a permanent feature within the USPTO and that it be expanded to …
Websites And Intangible Asset Amortization Under 26 U.S.C. § 197: A Marriage That Bears Little Fruit, Christopher H. Bowen
Websites And Intangible Asset Amortization Under 26 U.S.C. § 197: A Marriage That Bears Little Fruit, Christopher H. Bowen
Marquette Intellectual Property Law Review
Websites are not only an important part of our electronic lives, they are an important financial and business asset in their own right. With the growth of the internet as a commercial, informational, and recreational resource, companies utilize websites as an important part of their corporate financial portfolio and structure. The increased value of websites that comes from this growth has made websites a valuable asset that companies seek to use as they would other business assets. One important consideration is how the value of websites will be treated upon sale or exchange. In other words, is the website an …
God In The Machine: Encryption Algorithms And The Abstract Exemption To Patentability, Jeremy R. Hager
God In The Machine: Encryption Algorithms And The Abstract Exemption To Patentability, Jeremy R. Hager
Marquette Intellectual Property Law Review
This Comment explores the impact of the United States Supreme Court’s recent decision in Bilski v. Kappos upon the patentability of encryption schemes for digital content. While the majority of commentary concerning this anticlimactic decision has focused on the heated topic of software patents, little attention has been paid to the analogous field of cryptographic technology—and the patentability thereof—in light of Bilski’s “guidance.” Cryptographic technology, commonly utilized to protect digital content under the moniker Digital Rights Management (DRM) technology, has been utilized by all major content-producing industries to prevent copying by consumers of various content mediums, from software to …