Usando La Camiseta De Indecopi En El Poder Judicial: Trazos Sobre El Proceso De Modificación De Denominación O Razón Social Por Conflicto Con Signos Distintivos, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel

Daniel J Gervais

Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.). As a result, questions have been raised as to plain packaging’s compatibility with the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). WTO members can validly take measures to protect and promote public health, but in doing so they …

Extraterritoriality Of State Trade Secret Law, Kwangho Jang

Kwangho Jang

According to recent surveys, businesses prefer trade secret protection to patent protection. While many scholars have debated about issues of extraterritoriality of patents, copyrights, and trademarks, scholars relatively alienated the question of the geographic scope of trade secret law. In the absence of clear guidance from either the Supreme Court or both state and federal legislatures, some courts ruled in favor of extending the scope of state trade secret law to conduct abroad. This practice can cause problems in foreign relations, such as the foreign offense or interference with the sovereignty of the foreign nations. To avoid unintended conflicts with …

E-Commerce And Electronic Payment System Risks: Lessons From Paypal, Lawrence J. Trautman

Lawrence J. Trautman Sr.

What are the major risks perceived by those engaged in e-commerce and electronic payment systems? What development risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise? This article utilizes the relevant annual report disclosures from eBay (parent of PayPal), along with other eBay and PayPal documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from eBay’s regulatory filings. My additions include weaving these materials into a logical presentation and providing supplemental sources for those who desire a deeper look (usually in …

Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg

NULR Online

No abstract provided.

Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel

Akron Law Faculty Publications

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three broad …

Navigating Through The Fog Of Cloud Computing Contracts, T. Noble Foster

T. Noble Foster

This paper explores legal issues associated with cloud computing, provides analysis and commentary on typical clauses found in contracts offered by well-known cloud service providers, and identifies strategies to mitigate the risk of exposure to cloud-based legal claims in the critical areas of data security, privacy, and confidentiality. While current research offers numerous case studies, viewpoints, and technical descriptions of cloud processes, our research provides a close examination of the language used in cloud contract terms. Analysis of these contract terms supports the finding that most standard cloud computing contracts are unevenly balanced in favor of the cloud service provider. …

El Product Placement Al Descubierto. Los Actos De Competencia Desleal Y El Uso De Marca En El Guión O Secuencias De Películas, Series De Televisión Y Programas, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark Conrad

Mark A. Conrad

No abstract provided.

How Much Is Really At Stake?: Damages Statutes Collide In Multiple-Ip Litigation, Vanessa L. Otero

Vanessa L Otero

The statutes that govern damages for utility patents, design patents, and trade dress protection differ in ways that create potential conflicts when products infringe all three types of intellectual property. The purpose of this article is threefold: to provide an overview of current IP damages law, to present a case study, through an Apple v. Samsung case, on the unique problems that arise because of these laws, and to make a recommendation on how to avoid IP damages problems in future litigation.

Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangement Rights In Cover Songs Under A Compulsory License, Matthew Adam Eller Esq.

Matthew Adam Eller

This note will analyze the scope of copyright ownership in relation to chains of unauthorized derivative works and chains of arrangement rights in “cover” versions of musical recordings. In particular, the analysis will focus on the gray area in the law where an unauthorized derivative work is created by (“D1”) and then another author creates a second derivative work (“D2”) based off of D1. In situations such as these does the creator of the original derivative work have any rights in their creation if their derivative work was unauthorized? Further, depending on what rights do exist for D1, can the …

State Patent Laws In The Age Of Laissez Faire, Camilla A. Hrdy

Camilla A Hrdy

This article brings to light the heretofore unstudied views of esteemed nineteenth century jurists, including Chief Justice of the New York Supreme Court James Kent (1763-1847), that states have concurrent constitutional authority to grant their own patents alongside Congress in order to stimulate innovation and economic development in their own territories. Based on arguments surrounding the constitutional validity of New York’s infamous steamboat monopoly, this article reveals that concurrent state patent powers were justified by a fundamental concern that market-based U.S. patents were not a sufficient replacement for the active patent policies of the states and colonies prior to ratification …

Patent Pr, Eric L. Lane

Eric L. Lane

As debates about the patent system have spread beyond the legal community into the public square, there has been an increase in mainstream media coverage of patent issues, including PR content generated by patent holders. However, we know very little about the subject matter of this media content and even less about its potential effects on public opinion and patent policy. This study begins to fill these gaps by building and analyzing a data set of patent-focused press releases generated by patent holders, or their licensees, and cataloging the subject matter contained therein. It offers a taxonomy of patent-focused PR …

Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown

Ashley R Brown

No abstract provided.

Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown

Ashley R Brown

No abstract provided.

Substantial Similarity In Literary Infringement Cases: A Chart For Turbid Waters, Robert F. Helfing

Robert F Helfing

INTRODUCTION

"We delve once again," wrote Ninth Circuit Judge Alex O. Kozinski, "into the turbid waters of the 'extrinsic test' for substantial similarity under the Copyright Act.”[1] The court had before it a claim that a popular television series infringed the copyrights in plaintiffs’ screenplays. Precedent regarding substantial similarity is particularly confused in cases involving literary infringement, resulting in virtually automatic rejection: In the past 35 years, courts in the Ninth Circuit has allowed only three such claims to avoid summary dismissal, none since 2002 when Judge Kozinski made his remark about turbid waters. Yet, in the absence of …

Do – Re – Mi: Una Aproximación A La Obra Musical Desde El Derecho De Propiedad Intelectual Y La Teoría Musical, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

Internet Control Or Internet Censorship? Comparing The Control Models Of China, Singapore, And The United States To Guide Taiwan’S Choice, Jeffrey Li

Jeffrey Li

Internet censorship generally refers to unjustified online speech scrutiny and control by the government or government-approved measures for Internet control. The danger of Internet censorship is the chilling effect and the substantial harm on free speech, a cornerstone of democracy, in cyberspace. This paper compares China’s blocking and filtering system, the class license system of Singapore, and the government-private partnership model of the United States to identify the features, and pros and cons of each model on the international human rights. By finding lessons from each of the model, this paper suggests Taiwan should remain its current meager internet control …

Patenting Thoughts, J. Ryan Lawlis

J. Ryan Lawlis

This paper argues that patents drawn towards computer-implemented inventions must overcome the overlooked fourth categorical bar on patent eligibility under 35 USC 101, the bar on mental processes. This paper arrives at this conclusion by way of an analysis of the questions for en banc rehearing presented by the Court of Appeals for the Federal Circuit in CLS Bank Intern. v. Alice Corp. Pty. Ltd., 484 Fed.Appx. 559 (Fed. Cir. 2012), asking what test should be used to analyze computer-implemented patent eligibility.

This paper first defines the historical context of subject matter eligibility for patent, beginning with the founding …

What Do You Care What The Color Of My Sole Is?: Analyzing If Copyright Law Is A Better Solution For The Those Seeking Protection For Color In The Fashion Industry, Sara Falk

Sara Falk

Intellectual property law in the United States offers very limited protection for color elements in fashion design. Recently, the Second Circuit decided that Christian Louboutin, a high-end designer known for shoes with red lower soles, could seek protection under trademark law for a red lower sole that contrasted with the shoe’s upper sole. However, this decision limited Louboutin’s original trademark.

Historically, there has never been a court case dealing with copyrighting color in the fashion industry in the Second Circuit. The Second Circuit noted that this case should have actually been litigated under copyright law and not trademark law. Historically, …

Hyperactive Judges: An Empirical Study Of Judge-Dependent "Judicial Hyperactivity" In The Federal Circuit, Ted L. Field

Ted L. Field

This article presents an empirical study of the extent to which individual judges of the U.S. Court of Appeals for the Federal Circuit—which has exclusive jurisdiction over patent appeals—engage in what William C. Rooklidge and Matthew F. Weil call “judicial hyperactivity.” This article defines “judicial hyperactivity” as a form of judicial activism in which a judge improperly “elevate[s] his or her judgment above that of another constitutionally significant actor (e.g., Congress, the President, [or] other Article III courts),” where this improper behavior is not necessarily driven by politics or ideology as is traditional judicial activism. This study considers the extent …

Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, Giancarlo Francesco Frosio

Giancarlo Francesco Frosio

For most of human history the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies regulating creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime with regard to access to pre-existing expressions and reuse. From the Platonic mimēsis to the Roman imitatio, from Macrobius’ Saturnalia to the imitatio Vergili, from medieval auctoritas and Chaucer the compilator to Anon the singer and social textuality, from Chrétien’s art of rewriting to Shakespeare’s “borrowed feathers,” …

Private Fair Use: Strengthening Polish Copyright Protection Of Online Works By Looking To U.S. Copyright Law, Michal Pekala

Michal Pekala

No abstract provided.

Digital Piracy Debunked: A Short Note, Giancarlo Francesco Frosio

Giancarlo Francesco Frosio

In the last two decades, the industry has endlessly deployed the rhetoric of the “digital threat” in order to demand harsher measures against digital piracy, peer-to-peer file sharing and the like. In fact, the uneasiness in sharing the view that harsher measures are an adequate response to copyright infringement in the digital environment comes from the uncertain grounds on which the heavy-handed reaction against digital piracy has been based. Two related arguments might run against this heavy-handed approach. First, market conditions might incentivize piracy. Additionally, there are raising doubts over the argument that piracy is a threat to creativity, especially …

Game Over For First Sale, Stephen J. Mcintyre

Stephen J McIntyre

Video game companies have long considered secondhand game retailers a threat to their bottom lines. With the next generation of gaming consoles on the horizon, some companies are experimenting with technological tools to discourage and even prevent gamers from buying and selling used games. Most significantly, a recent patent application describes a system for suppressing secondhand sales by permanently identifying game discs with a single video game console. This technology flies in the face of copyright law’s “first sale” doctrine, which gives lawful purchasers the right to sell, lease, and lend DVDs, CDs, and other media. This Article answers a …

E Unum Pluribus: The Limitations On State Law Because Of Foreign Policy Uses Of State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn Gibbons

Llewellyn Joseph Gibbons

Unlike many nations where the ratification of a treaty immediately changes its internal laws, in the United States, unless the language of the treaty is self-executing, Congress must affirmatively change domestic laws to conform to the obligations of the treaty. Increasing, it is a modern trend for the United States to represent in international forums that the United States is in conformity with its international obligations because of state statutes or because of common law court decisions. This article looks whether the foreign policy representations of the United States to other countries (in the context of the international intellectual property …

The World As Our Technologist: Visualizing Worldwide Sources Of Technologies Patented In The United States, Richard S. Gruner

Richard S. Gruner

The World as Our Technologist: Visualizing Worldwide Sources

of Technologies Patented in the United States

by

Richard Gruner

Emeritus Professor of Law

John Marshall Law School

ABSTRACT

Patent rewards in the United States incentivize and attract the overseas development of many new technologies used in this country. The United States – as the world’s largest economy – is the primary driver of technology development worldwide. The strength of United States patent laws, court systems, and civil law enforcement processes ensure that parties who produce new inventions of commercial value and who patent and popularize the inventions in the United States …

Indigenus Peoples' Rights At The Intersection Of Human Rights And Intellectual Property Rights, Chidi Oguamanam

Chidi Oguamanam

Exploration of the interface between human rights (HRs) and intellectual property rights (IPRs) is a venture still at a gestational stage. One of the major challenges of that initiative is how to map indigenous peoples’ rights into the discourse. Indigenous peoples’ rights pose significant challenges to both HRs and IPRs jurisprudence. Not only is there a clarity gap over indigenous peoples’ rights in the international bill of rights. Indigenous people’s rights are analogous misfits to any head of conventional HRs as well as conventional IPRs. Overall, indigenous people’s rights are a source of irritation to both HRs and IPRs. The …

Termination Of Copyright Transfers: The Author Spouse’S Last Laugh, Llewellyn Joseph Gibbons

Llewellyn Joseph Gibbons

The 1976 Copyright Act provides that an author may unilaterally terminate a transfer of copyright approximately 35 years after the initial transfer. In community property states, state law assumes that through the magic of the operation of state law, the author-spouse transfers the copyright that federal law initially vests in the author to the community property (marital) estate. Author-spouses are now entering the period when they may begin to terminate any putative copyright transfer to the community property estate or terminate other transfers that may be the basis for pre-or-post-nuptial agreements, property settlements, or dissolution decrees in divorce actions. This …

A Case For The Public Domain, Clark Asay

Clark Asay

Over the past several decades open license movements have proven highly successful in the software and content worlds. Such movements rely in part on the belief that greater freedom of use triggers innovative activity that is superior to what a restrictive IP approach produces. Ironically, such open license movements also rely on IP rights to promote their vision of freedom and openness. They do so through IP licenses that, while granting significant freedoms, also impose certain conditions on users such as the “copyleft” requirement in the software world. Such movements rely on this IP-based approach due to fears that, without …