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Articles 31 - 60 of 244
Full-Text Articles in Law
A Cochrane Method Systematic Review Of University Tech Commercialization Research, Clovia Hamilton
A Cochrane Method Systematic Review Of University Tech Commercialization Research, Clovia Hamilton
Winthrop Faculty and Staff Publications
Since 1980 universities have been able to commercialize inventions that their faculty researchers create as per the 1980 Bayh-Dole Act (P.L. 96-517). Research universities can now own and license these inventions to small and well established companies. Since 1980, research universities have used tech commercialization to support their regional economies with product development and sales, and academic entrepreneurship resulting in university spinoffs and start-up business formations. This results in job creation. The technology transfer offices (TTOs) which were established at many research universities to manage this process have been studied quite extensively. However, the foundational elements that fuel successful TTO …
Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan
Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan
Amicus Briefs
Under 35 U.S.C. § 102, an inventor may not obtain a patent on an invention that has been “on sale” for more than a year. The question is whether, from this so-called on-sale bar, certain classes of sales should be exempted— sales under a confidentiality agreement, in Petitioner’s view; and sales to those other than the ultimate customers, according to the government.
Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan
Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan
Amicus Briefs
Under 35 U.S.C. § 102, an inventor may not obtain a patent on an invention that has been “on sale” for more than a year. The question is whether, from this so-called on-sale bar, certain classes of sales should be exempted— sales under a confidentiality agreement, in Petitioner’s view; and sales to those other than the ultimate customers, according to the government.
Intellectual Property, Innovation And The Retail Industry, Singapore Management University
Intellectual Property, Innovation And The Retail Industry, Singapore Management University
Perspectives@SMU
Think ahead to protect your intellectual property, and leverage on it to deliver customer value
Scènes À Faire As Identity Trait Stereotyping, Jasmine C. Abdel-Khalik
Scènes À Faire As Identity Trait Stereotyping, Jasmine C. Abdel-Khalik
Faculty Works
Judge Learned Hand's decision in Nichols v. Universal Pictures is unquestionably seminal in the development of copyright law. For the first time, a court articulated that stock characters, a form of scènes à faire, are so fundamental that all should have access. Therefore, a stock character, like one defined simply as a butcher with a cleaver and in a white coat, is not copyright protectable material.
However, the specific stock characters identified by Judge Hand raise some previously unexplored questions. The decision identifies two stock characters: "the low comedy Jew and Irishman." What exactly is “the low comedy Jew and …
Letter To Council Members Regarding Council Draft 2, Jane C. Ginsburg, June M. Besek
Letter To Council Members Regarding Council Draft 2, Jane C. Ginsburg, June M. Besek
Faculty Scholarship
We understand that the ALI Council will consider Council Draft 2 (CD2) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on October 18-19, 2018. We have had – and continue to have – significant concerns about the project and the work to date. We note that numerous parties have expressed concerns about CD2, including the US Patent and Trademark Office, the American Bar Association’s Section of Intellectual Property Law, academics and other Advisers, and that the US Copyright Office and the New York City Bar Association’s Committee on Copyright and Literary Property have done so …
Copyright Lost, Glynn Lunney
Copyright Lost, Glynn Lunney
Faculty Scholarship
In this essay, I revisit my 2001 article, The Death of Copyright, for the Franklin Pierce Center for Intellectual Property’s Redux Conference. In The Death of Copyright, I worried that copyright, as a law that serves “to promote the Progress of Science,” had died. Instead, with the enactment of the Digital Millennium Copyright Act, I feared that copyright had returned to a system of guild privileges that served only to maximize the rents of copyright owners. At the time I wrote the article, file sharing had just begun. Yet, the content industries were already proclaiming that the sky was falling. …
Tpp, Rcep And The Future Of Copyright Norm-Setting In The Asian Pacific, Peter K. Yu
Tpp, Rcep And The Future Of Copyright Norm-Setting In The Asian Pacific, Peter K. Yu
Faculty Scholarship
The past decade has seen two mega-regional intellectual property norm-setting exercises focusing on countries in the Asian Pacific region: the Trans-Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP). Taken together, these two mega-regional norm-setting exercises will have unlimited potential to shape future copyright norms in the Asian Pacific region.
For countries involved in either the TPP or RCEP negotiations, legal obligations concerning new protection and enforcement standards will have to be incorporated into domestic law once the applicable agreement enters into force. These standards can be quite burdensome, as they often exceed what is currently required by the …
The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo
The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo
Joint PIJIP/TLS Research Paper Series
International and domestic copyright law reform around the world is increasingly focused on how copyright exceptions — a.k.a. “user rights” —should be expanded to promote maximum innovation, creativity, and access to knowledge in the digital age. These efforts are guided by a relatively rich theoretical literature. However, few empirical studies explore the social and economic impact of expanding user rights in the digital era. One reason for this gap has been the absence of a tool measuring the key independent variable – changes in copyright user rights over time and between countries. We are developing such a tool, which we …
Infringement, Unbound, Sarah R. Wasserman Rajec
Infringement, Unbound, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
Facilitating And Improving Environmental Research Data Repository Interoperability, Corinna Gries, Amber Budden, Christine Laney, Margaret O’Brien, Mark Servilla, Wade Sheldon, Kristin Vanderbilt, Dave Vieglais
Facilitating And Improving Environmental Research Data Repository Interoperability, Corinna Gries, Amber Budden, Christine Laney, Margaret O’Brien, Mark Servilla, Wade Sheldon, Kristin Vanderbilt, Dave Vieglais
Copyright, Fair Use, Scholarly Communication, etc.
Environmental research data repositories provide much needed services for data preservation and data dissemination to diverse communities with domain specific or programmatic data needs and standards. Due to independent development these repositories serve their communities well, but were developed with different technologies, data models and using different ontologies. Hence, the effectiveness and efficiency of these services can be vastly improved if repositories work together adhering to a shared community platform that focuses on the implementation of agreed upon standards and best practices for curation and dissemination of data. Such a community platform drives forward the convergence of technologies and practices …
Open Access At Mit And Beyond: A White Paper Of The Mit Ad Hoc Task Force On Open Access To Mit’S Research, Katharine Dunn, Hal Abelson, Chris Bourg, Ellen Finnie
Open Access At Mit And Beyond: A White Paper Of The Mit Ad Hoc Task Force On Open Access To Mit’S Research, Katharine Dunn, Hal Abelson, Chris Bourg, Ellen Finnie
Copyright, Fair Use, Scholarly Communication, etc.
MIT researchers, students, and staff have long valued and put into action MIT’s mission to generate and disseminate knowledge by openly and freely sharing research and educational materials. Indeed, the Institute has been at the forefront of the sharing culture: MIT launched OpenCourseWare (OCW), a free webbased publication of virtually all MIT course content in 2001; in 2002 released DSpace, an open-source platform for managing research materials and publications co-created by MIT Libraries staff; and adopted the first campus-wide faculty open access (OA) policy in the US in 2009.
Convening an open access task force was one of the 10 …
Implications Of Reposting Copyright Material Online And Svensson Distinguished In Cjeu Judgment: Land Nordrhein-Westfalen V Dirk Renckhoff, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
This comment considers the CJEU’s recent decision in Land Nordrhein-Westfalen v Dirk Renckhoff (Case C-161/17) EU:C:2018:634, concerning the legality of reposting copyright-protected material on the Internet. Notably, the earlier decision of the CJEU in Svensson – which was a case on hyperlinking and although cited fairly extensively in argument – was carefully distinguished on the facts.
Liability Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk
Liability Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk
Utah Law Faculty Scholarship
The recent trend toward propertization of health data could pose significant challenges to biomedical research and public health. Property rule systems can result in sizable up-front costs in the acquisition of consent from individual data subjects, as well as the ongoing risk that data subjects will retract consent or object to unanticipated data uses, thus compromising existing data resources and analyses. We argue that property-based approaches to health data should be rejected in favor of liability rule frameworks for the protection of individual privacy interests. We demonstrate that liability rule frameworks for data governance are not only desirable from a …
The Effect Of Frand Commitments On Patent Remedies, Jorge L. Contreras, Thomas F. Cotter, Sang Jo Jong, Brian J. Love, Nicolas Petit, Peter George Picht, Norman Siebrasse, Rafał Sikorski, Masabumi Suzuki, Jacques De Werra
The Effect Of Frand Commitments On Patent Remedies, Jorge L. Contreras, Thomas F. Cotter, Sang Jo Jong, Brian J. Love, Nicolas Petit, Peter George Picht, Norman Siebrasse, Rafał Sikorski, Masabumi Suzuki, Jacques De Werra
Utah Law Faculty Scholarship
This chapter addresses a special category of cases in which an asserted patent is, or has been declared to be, essential to the implementation of a collaboratively-developed voluntary consensus standard, and the holder of that patent has agreed to license it to implementers of the standard on terms that are fair, reasonable and non-discriminatory (FRAND). In this chapter, we explore how the existence of such a FRAND commitment may affect a patent holder’s entitlement to monetary damages and injunctive relief. In addition to issues of patent law, remedies law and contract law, we consider the effect of competition law on …
Global Rate Setting: A Solution For Standard-Essential Patents?, Jorge L. Contreras
Global Rate Setting: A Solution For Standard-Essential Patents?, Jorge L. Contreras
Utah Law Faculty Scholarship
The commitment to license patents that are essential to technical interoperability standards on terms that are fair, reasonable and non-discriminatory (FRAND) is a fundamental mechanism that enables standards to be developed collaboratively by groups of competitors. Yet disagreements over FRAND royalty rates continue to bedevil participants in global technology markets. Allegations of opportunistic hold-up and hold-out continue to arise, spurring competition authorities to investigate and intervene in private standard-setting. And litigation regarding compliance with FRAND commitments has led an increasing number of courts around the world to adjudicate FRAND royalty rates, often on a global basis, but using very different …
Prestigious Mccarthy Institute Moves To Golden Gate University, Golden Gate University
Prestigious Mccarthy Institute Moves To Golden Gate University, Golden Gate University
Press Releases
tarting in August 2018, the McCarthy Institute, the world's preeminent trademark, consumer behavior, and branding institute, will be located jointly in the law and business schools at Golden Gate University in downtown San Francisco.
The Prestigious Mccarthy Institute Moves To Golden Gate University, Golden Gate University School Of Law
The Prestigious Mccarthy Institute Moves To Golden Gate University, Golden Gate University School Of Law
McCarthy Institute
Press release:
Starting in August 2018, the McCarthy Institute, the world’s preeminent trademark, consumer behavior, and branding institute, will be located jointly in the law and business schools at Golden Gate University in downtown San Francisco.
The Rent’S Too High: Self-Archive For Fair Online Publication Costs, Robert Thibault, Amanda Macpherson, Stevan Harnad, Amir Raz
The Rent’S Too High: Self-Archive For Fair Online Publication Costs, Robert Thibault, Amanda Macpherson, Stevan Harnad, Amir Raz
Copyright, Fair Use, Scholarly Communication, etc.
The main contributors of scientific knowledge—researchers—generally aim to disseminate their findings far and wide. And yet, publishing companies have largely kept these findings behind a paywall. With digital publication technology markedly reducing cost, this enduring wall seems disproportionate and unjustified; moreover, it has sparked a topical exchange concerning how to modernize academic publishing. This discussion, however, seems to focus on how to compensate major publishers for providing open access through a pay-to-publish model, in turn transferring financial burdens from libraries to authors and their funders. Large publishing companies, including Elsevier, Springer Nature, Wiley, PLoS, and Frontiers, continue to earn exorbitant …
The Rent’S Too High: Self-Archive For Fair Online Publication Costs, Robert T. Thibault, Amanda Macpherson, Stevan Harnad, Amir Raz
The Rent’S Too High: Self-Archive For Fair Online Publication Costs, Robert T. Thibault, Amanda Macpherson, Stevan Harnad, Amir Raz
Psychology Faculty Articles and Research
The main contributors of scientific knowledge—researchers—generally aim to disseminate their findings far and wide. And yet, publishing companies have largely kept these findings behind a paywall. With digital publication technology markedly reducing cost, this enduring wall seems disproportionate and unjustified; moreover, it has sparked a topical exchange concerning how to modernize academic publishing. This discussion, however, seems to focus on how to compensate major publishers for providing open access through a pay-to-publish model, in turn transferring financial burdens from libraries to authors and their funders. Large publishing companies, including Elsevier, Springer Nature, Wiley, PLoS, and Frontiers, continue to earn exorbitant …
Christmas In July: A Response To David Fagundes, Why Less Property Is More, Brian L. Frye
Christmas In July: A Response To David Fagundes, Why Less Property Is More, Brian L. Frye
Law Faculty Scholarly Articles
A response to David Fagundes, Why Less Property Is More: Inclusion, Dispossession, & Subjective Well-Being, 103 Iowa L. Rev. 1361 (2018).
University Of Nebraska-Lincoln Digitalcommons: Statistical Report, August 2018, Deeann Allison, Paul Royster, Sue A. Gardner, Margaret Mering, Linnea Fredrickson
University Of Nebraska-Lincoln Digitalcommons: Statistical Report, August 2018, Deeann Allison, Paul Royster, Sue A. Gardner, Margaret Mering, Linnea Fredrickson
Copyright, Fair Use, Scholarly Communication, etc.
To: Deeann Allison, Director, Media & Repository Services, UNL Libraries
I am pleased to transmit the following statistics report on the UNL DigitalCommons, http://digitalcommons.unl.edu
The DigitalCommons is the “institutional repository” for UNL. It’s function is to gather the intellectual output of the university for online public access. It was established in 2005, and now holds 99,000 papers, making it the 3rd largest in the United States, trailing only the University of California system (190,000) and the University of Michigan (120,000). It recently surpassed 50 million downloads, and is the nation’s current leader in that category. Alexa.com reports that the repository …
The Public Trust In Public Art: Property Law's Case Against Private Hoarding Of “Public” Art, Hope M. Babcock
The Public Trust In Public Art: Property Law's Case Against Private Hoarding Of “Public” Art, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Private hoarding of important works of art is a phenomenon that has caused their disappearance from public view. The loss of this art undermines republican values like education, community, and citizenship, and therefore should be resisted. This Article explores various legal tools to prevent this from happening, including doctrines and laws that protect artists’ rights in their work, but which offer the public little relief. Turning to two well-known common-law doctrines—public dedication and public trust—to see whether they might provide a solution, the author favors the latter because it is nimbler and better suited to the public nature of important …
Taking It To The Limit: Shifting U.S. Antitrust Policy Toward Standards Development, Jorge L. Contreras
Taking It To The Limit: Shifting U.S. Antitrust Policy Toward Standards Development, Jorge L. Contreras
Utah Law Faculty Scholarship
In November 2017, U.S. Assistant Attorney General Makan Delrahim, chief of the Department of Justice (DOJ) Antitrust Division, gave a speech at University of Southern California provocatively entitled “Take it to the Limit: Respecting Innovation Incentives in the Application of Antitrust Law”. In this speech, Mr. Delrahim announced a new DOJ policy approach to the antitrust analysis of collaborative standard setting and standards-development organizations (SDOs) -- the trade associations and other groups in which industry participants cooperate to develop interoperability standards such as Wi-Fi, Bluetooth, 4G and 5G, USB and the like. He explained that the DOJ had “strayed too …
Trademark's Judicial De-Evolution: Why Courts Get Trademark Cases Wrong Repeatedly, Glynn Lunney
Trademark's Judicial De-Evolution: Why Courts Get Trademark Cases Wrong Repeatedly, Glynn Lunney
Faculty Scholarship
Trademark law has de-evolved. It has transitioned from an efficient mechanism for ensuring competition into an inefficient regime for capturing economic rents. In this Article, I focus on the role that party self-interest has played in biasing the evolution of trademark law. This self-interest tends to lead parties to (1) challenge efficient legal rules and seek to replace them with inefficient, anticompetitive rules, and (2) accede to inefficient, anticompetitive rules once they are in place. Almost by definition, when a rule of trademark law promotes competition, it reduces the market surplus or rents that current producers capture. As a result, …
The Anticommons At Twenty: Concerns For Research Continue, Jorge L. Contreras
The Anticommons At Twenty: Concerns For Research Continue, Jorge L. Contreras
Center for Law and Biomedical Sciences (LABS)
Twenty years after Heller and Eisenberg predicted the emergence of an anticommons in biomedical research, this article assesses the currency of the anticommons theory. While a patent-fueled research anticommons does not appear to have emerged in the ways that Heller and Eisenberg envisioned, there are new ways in which the fragmentation of rights -- whether through trade secrecy, narrow licensing or data propertization -- continues to threaten research and commercial development. The anticommons theory thus remains as relevant today as it was when it was first proposed.
The Porous Court-Agency Border In Patent Law, Saurabh Vishnubhakat
The Porous Court-Agency Border In Patent Law, Saurabh Vishnubhakat
Faculty Scholarship
The progression toward reevaluating patent validity in the administrative, rather than judicial, setting became overtly substitutionary in the America Invents Act. No longer content to encourage court litigants to rely on Patent Office expertise for faster, cheaper, and more accurate validity decisions, Congress in the AIA took steps to force a choice. The result is an emergent border between court and agency power in the U.S. patent system. By design, the border is not absolute. Concurrent activity in both settings over the same dispute remains possible. What is troubling is the systematic weakening of this border by Patent Office encroachments …
United States Response To Questionnaire Concerning Copyright In Action: International Perspectives On Remedies, Philippa Loengard, Julia Ambros, Andrew Elliott, Daniel Lee
United States Response To Questionnaire Concerning Copyright In Action: International Perspectives On Remedies, Philippa Loengard, Julia Ambros, Andrew Elliott, Daniel Lee
Kernochan Center for Law, Media, and the Arts
ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980's by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan.
Operas White Paper: Open Access Business Models, Lara Speicher, Margo Bargheer, Maciej Maryl, Sven Fund, Max Mosterd, Frances Pinter, Lorenzo Armando, Irakleitos Souyioultzoglou, Martin Paul Eve, Delfim Leão
Operas White Paper: Open Access Business Models, Lara Speicher, Margo Bargheer, Maciej Maryl, Sven Fund, Max Mosterd, Frances Pinter, Lorenzo Armando, Irakleitos Souyioultzoglou, Martin Paul Eve, Delfim Leão
Copyright, Fair Use, Scholarly Communication, etc.
The white paper on Business Models for Open Access proposes that there is no single ideal business model for Open Access that can be adopted as standard. It describes the current landscape in which there are multiple approaches to OA publishing, many of which are adopted by OPERAS members to suit their particular circumstances, although the APC and BPC models still predominate especially among commercial publishers. The paper describes the business models adopted by members both from the point of view of publishers, and of service providers such as Knowledge Unlatched, as well as looking at models emerging elsewhere such …
Copyright And Underwater Cultural Heritage, Tyler T. Ochoa
Copyright And Underwater Cultural Heritage, Tyler T. Ochoa
Faculty Publications
This article will focus on three aspects of copyright law as it applies to the photography of underwater cultural heritage. First, to what extent can a salvor claim exclusive rights to photograph a particular site? Second, who is the author (or who are the authors) of such underwater photography, which increasingly involves the use of remote-controlled robotic drones? Third, to what extent can a State control the use of underwater photography that falls within its territorial waters?8 All three of these aspects have been the subject of lawsuits and judicial opinions in the United States; and those opinions shed light …