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Articles 1 - 30 of 946
Full-Text Articles in Law
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler
Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler
Catholic University Journal of Law and Technology
No abstract provided.
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
Catholic University Journal of Law and Technology
No abstract provided.
Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao
Catholic University Journal of Law and Technology
No abstract provided.
Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore
Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore
Catholic University Journal of Law and Technology
No abstract provided.
Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé
Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé
Duke Law & Technology Review
This paper focuses on two types of licenses that can best be described as outliers—FRAND and compulsory licenses. Overall, these two specific forms of licenses share the objective of producing a fair and reasonable license of a technology protected by intellectual property. The comparable objective notwithstanding, each type of license achieves this end using different mechanisms. The FRAND license emphasizes providing the licensee with reasonable terms, e.g., by preventing a standard patent holder from extracting unreasonably high royalty rates. By contrast, compulsory licenses emphasize the public benefit that flows from enabling access to an otherwise inaccessible invention. Ultimately, both forms …
Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé
Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé
Faculty Scholarship
This paper focuses on two types of licenses that can best be describes as outlier - FRAND and compulsory licenses. Overall, these two specific forms of licenses share the objective of producing a fair and reasonable license of a technology protected by intellectual property. The comparable objective notwithstanding, each type of license achieves this end using different mechanisms. The FRAND license emphasizes providing the licensee with reasonable terms, e.g., by preventing a standard patent holder from extracting unreasonably high royalty rates. By contrast, compulsory liceses emphasize the public benefit that flows from enabling access to an otherwise inaccessible invention. Ultimately, …
Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman
Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman
Popular Media
No abstract provided.
Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais
Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais
Daniel J Gervais
Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum
Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum
Santa Clara High Technology Law Journal
Direct Digital Engagement of Patients and Democratizing Health Care
H. R. 4241, To Establish The United States Copyright Office As An Independent Agency, And For Other Purposes [Discussion Draft], 114th Congress, 1st Session, Tom Marino, Judy Chu, Barbara Comstock
H. R. 4241, To Establish The United States Copyright Office As An Independent Agency, And For Other Purposes [Discussion Draft], 114th Congress, 1st Session, Tom Marino, Judy Chu, Barbara Comstock
Copyright, Fair Use, Scholarly Communication, etc.
A bill put forth during the first Session of the 114th Congress to establish the United States Copyright Office as an independent agency, and for other purposes. This Act may be cited as the "Copyright Office for the Digital Economy Act."
Proposes enacting changes to Section 701 and Section 408 of Title 17 of the United States Code to remove the United States Copyright Office from the Legislative branch of the federal government and move it to the Executive branch of the federal government, along with proposals for associated transfer of administrative and technical functions.
Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau
Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau
Santa Clara High Technology Law Journal
Design Patient Evolution: From Obscurity to Center Stage
Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson
Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson
Santa Clara High Technology Law Journal
Only a Pawn in the Game: Rethinking Induced Patent Infringement
Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell
Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell
Journal of Intellectual Property Law
No abstract provided.
The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss
The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss
Journal of Intellectual Property Law
No abstract provided.
Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans
Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans
Journal of Intellectual Property Law
No abstract provided.
Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker
Journal of Intellectual Property Law
No abstract provided.
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Journal of Intellectual Property Law
No abstract provided.
Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright
Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright
Journal of Intellectual Property Law
No abstract provided.
The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano
The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano
Journal of Intellectual Property Law
No abstract provided.
Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell
Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell
Journal of Intellectual Property Law
No abstract provided.
Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal
Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal
Journal of Intellectual Property Law
No abstract provided.
The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul
The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul
Journal of Intellectual Property Law
No abstract provided.
Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud
Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud
Journal of Intellectual Property Law
No abstract provided.
Why Copyright Law Lacks Taste And Scents, Leon Calleja
Why Copyright Law Lacks Taste And Scents, Leon Calleja
Journal of Intellectual Property Law
No abstract provided.
Authorship, Attribution, And Audience, Laura A. Heymann
Authorship, Attribution, And Audience, Laura A. Heymann
Popular Media
No abstract provided.
The Changing Landscape Of Trademark Law In Tinseltown: From Debbie Does Dallas To The Hangover, John Tehranian, Mark Bartholomew
The Changing Landscape Of Trademark Law In Tinseltown: From Debbie Does Dallas To The Hangover, John Tehranian, Mark Bartholomew
Contributions to Books
This Essay, a chapter published in the book Hollywood and the Law (Palgrave Macmillan / British Film Institute, 2015), explores how courts have sought to balance the competing interests at stake when filmmakers make unauthorized uses of trademarks in their work and brand owners threaten liability for infringement. Using the seminal Rogers v. Grimaldi decision as a key pivot point, the Essay traces the remarkable change in approaches that courts have taken to First Amendment defenses in trademark cases in the past few decades. In presenting case studies of two opinions -- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. …
The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. Mccarthy
The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. Mccarthy
Georgia Journal of International & Comparative Law
No abstract provided.
Nsfw: An Empirical Study Of Scandalous Trademarks, Megan Carpenter, Mary Garner
Nsfw: An Empirical Study Of Scandalous Trademarks, Megan Carpenter, Mary Garner
Student Scholarship
This project is an empirical analysis of trademarks that have received rejections based on their “scandalous” nature. It is the first of its kind.
The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act, this piece is the first scholarly project that engages an empirical analysis of the Section 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. This study analyzes which marks are being rejected, what evidence is being …