Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (130)
- University of Nebraska - Lincoln (36)
- Texas A&M University School of Law (24)
- Fordham Law School (23)
- SJ Quinney College of Law, University of Utah (22)
-
- University of Georgia School of Law (21)
- Columbia Law School (20)
- Chicago-Kent College of Law (19)
- Schulich School of Law, Dalhousie University (18)
- UIC School of Law (17)
- Santa Clara Law (16)
- University of Washington School of Law (15)
- Southern Methodist University (14)
- Vanderbilt University Law School (14)
- Maurer School of Law: Indiana University (13)
- Seattle University School of Law (13)
- William & Mary Law School (13)
- Marquette University Law School (12)
- Mitchell Hamline School of Law (12)
- UC Law SF (10)
- Florida International University College of Law (9)
- University of Pennsylvania Carey Law School (9)
- Case Western Reserve University School of Law (8)
- The University of Akron (8)
- Brooklyn Law School (6)
- Clemson University (6)
- Brigham Young University Law School (5)
- DePaul University (5)
- New York Law School (5)
- The Catholic University of America, Columbus School of Law (5)
- Keyword
-
- Copyright (89)
- Intellectual property (49)
- Patents (31)
- Patent (29)
- Patent law (19)
-
- Fair use (18)
- Intellectual Property (18)
- Artificial intelligence (16)
- Trademark (14)
- Copyright law (13)
- Technology (13)
- Trademarks (13)
- Antitrust (10)
- FRAND (10)
- Infringement (10)
- AI (9)
- Standards (9)
- COVID-19 (8)
- USPTO (8)
- Copyright Act (7)
- Innovation (7)
- Privacy (7)
- Copyright infringement (6)
- European Union (6)
- First Amendment (6)
- Freedom of expression (6)
- Lanham Act (6)
- Law (6)
- Licensing (6)
- Patent Act (6)
- Publication
-
- Sustainable Development Law & Policy (72)
- Faculty Scholarship (46)
- Copyright, Fair Use, Scholarly Communication, etc. (36)
- Intellectual Property Brief (25)
- Fordham Intellectual Property, Media and Entertainment Law Journal (22)
-
- Utah Law Faculty Scholarship (21)
- Journal of Intellectual Property Law (19)
- Chicago-Kent Journal of Intellectual Property (18)
- UIC Review of Intellectual Property Law (17)
- Santa Clara High Technology Law Journal (16)
- All Faculty Scholarship (13)
- Articles in Law Reviews & Other Academic Journals (11)
- Canadian Journal of Law and Technology (11)
- Joint PIJIP/TLS Research Paper Series (11)
- Marquette Intellectual Property Law Review (11)
- Articles (10)
- Faculty Publications (10)
- UC Law SF Communications and Entertainment Journal (10)
- FIU Law Review (9)
- SMU Science and Technology Law Review (9)
- Washington Journal of Law, Technology & Arts (9)
- Akron Law Review (7)
- Seattle University Law Review (7)
- Articles, Book Chapters, & Popular Press (6)
- Cybaris® (6)
- IP Theory (6)
- Journal of Law, Technology, & the Internet (6)
- Journal of the Patent and Trademark Resource Center Association (6)
- Publications (6)
- Texas A&M Journal of Property Law (6)
- Publication Type
Articles 1 - 30 of 668
Full-Text Articles in Law
Lending Innovations, Xuan-Thao Nguyen
Lending Innovations, Xuan-Thao Nguyen
Brooklyn Law Review
This article is about innovations. Startups and their founders in the innovation intensive sectors cannot reach their dreams without financing. They cannot turn to banks for loans. Banks, from community to commercial banks, shun startups due to antiquated banking law, business model and high risks associated with tech lending. But there are outlier banks who disrupt the banking business model with lending innovation, fueling startups with loans that allow tech innovations to occur from Silicon Valley to Route 128 of the northeast corridor, and from Shanghai, China to Herzliya, Israel. With qualitative and quantitative patent data, this article demonstrates how …
Easing The Burdens Of A Patchwork Approach To Data Privacy Regulation In Favor Of A Singular Comprehensive International Solution—The International Data Privacy Agreement, Scott Resnick
Brooklyn Journal of International Law
Data privacy has become one of the premier hot-button issues in today’s increasingly digital human experience. Legislatures around the globe have attempted to act swiftly in an effort to safeguard the highly coveted personal information of their citizens and combat misuse at the hands of international businesses operating with an online presence. Since the European Union’s enactment of the General Data Protection Regulation (GDPR) in 2018, countries around the globe have been grappling with how best to replicate the EU’s leading data privacy regulation while providing the same or greater level of transparency into data collection practices. While a mere …
Utilization Of Geographical Indication Protection System For Traditional Handicrafts In Indonesia, Ranggalawe Suryasaladin Sugiri
Utilization Of Geographical Indication Protection System For Traditional Handicrafts In Indonesia, Ranggalawe Suryasaladin Sugiri
Indonesia Law Review
This work attempts to analyze the implementation of the GI law and regulations in the traditional handicraft industry in Indonesia. We particularly focus on the natural and human factors that are assessed when stakeholders apply for GI registration for their traditional handicraft products. This work also analyzes the books of requirements of five handicrafts with registered GIs in Indonesia. Indonesia’s GI regulations and policies, especially with regard to handicrafts, are compared with those of India and Thailand. The article comprises four chapters. Chapter 1 introduces the topic of this work. Chapter 2 explores the protection of traditional handicrafts through GI …
The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton
The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton
Seattle Journal of Technology, Environmental, & Innovation Law
As the climate crisis consistently worsens, the United States’ response to the crisis has proven inconsistent. Even with the United States likely to recommit to the Paris Climate Agreement, political tensions will likely further delay a climate response. The polarized characterization of the Green New Deal, the inaction of scientifically misguided conservatives, and the incessant proposal for middle ground approaches lacking the urgency needed to change course all contribute to this delay. While swift action from the federal government is needed, looking to the private sector to transition to sustainability is equally important. Specifically, patent protection is a strong intellectual …
Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan
American Indian Law Journal
No abstract provided.
Compulsory Licensing Of Climate Engineering Patents: How Embracing Technology- And Research-Sharing Strategies Brings Us One Step Closer To Solving Climate Change, Buzz Hardin
Arkansas Law Review
The impact of climate change spans the globe and includes increasingly severe and dangerous climate events, including coastal flooding, extreme heat and wildfires, reduced crop yield, and decreased food security. In the United States, if the proper steps toward mitigating or reversing the effects of climate change are not taken, it is very likely that the United States will experience substantial damage to its economy, the health of its citizens, and the environment. In response to the challenges presented by climate change, the number of inventions in the field of climate engineering, or “geoengineering,” has skyrocketed over the past several …
Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused
Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused
Articles & Chapters
No abstract provided.
The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro
The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro
Seattle Journal of Technology, Environmental, & Innovation Law
No abstract provided.
Commercializing Cannabis: Confronting The Challenges And Uncertainty Of Trademark And Trade Secret Protection For Cannabis-Related Businesses, John Mixon
Washington Journal of Law, Technology & Arts
Over the last couple of decades, society has become more accepting of recreational cannabis and an ever-growing number of states have passed pro-cannabis legislation. With this change, the cannabis industry has, to some extent, exploded into a booming enterprise in states that have legalized marijuana. Nonetheless, cannabis' status as a Schedule I banned substance under the Controlled Substances Act of 1970 remains unchanged. As a result, businesses in the cannabis industry face the unique challenge of having to toe the line between "legally" operating under state law and violating federal law, which trumps state law. One particular situation in which …
News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer
News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer
Washington Journal of Law, Technology & Arts
During the early months of the COVID-19 pandemic in 2020, President Trump touted a number of treatments that many medical professionals considered dangerous. These treatments include hydroxychloroquine and disinfectants, which if misused could cause a patient’s death. This prompted Free Press to file an emergency petition with the FCC, arguing that broadcasters who report on Trump’s claims about these treatments without highlighting their dangers could be in violation of the Commission’s broadcast hoax rule. Free Press also requested the FCC require that broadcasters include disclaimers when reporting on such claims. This article examines whether the broadcast hoax rule has been …
Role Of A Croatian National Repository Infrastructure In Promotion And Support Of Research Data Management, Kristina Posavec, Draženko Celjak, Ljiljana Jertec Musap
Role Of A Croatian National Repository Infrastructure In Promotion And Support Of Research Data Management, Kristina Posavec, Draženko Celjak, Ljiljana Jertec Musap
Copyright, Fair Use, Scholarly Communication, etc.
The paper will give an overview of national infrastructure for digital repositories, Digital Academic Archives and Repositories (DABAR), and its role as technology steward in raising awareness about research data management (RDM) and promoting good practices in the Croatian A&R community. The University of Zagreb, University Computing Centre (SRCE) is providing national infrastructure DABAR suitable for storing and dissemination of different types of digital objects. Through DABAR, all Croatian higher education and research institutions can establish their digital repository. A strong collaboration between SRCEs DABAR team and institutions repository managers has proven to be important in the process of disseminating …
Implementing The Rda Research Data Policy Framework In Slovenian Scientific Journals, Janez Štebe, Maja Dolinar, Sonja Bezjak, Ana Inkret
Implementing The Rda Research Data Policy Framework In Slovenian Scientific Journals, Janez Štebe, Maja Dolinar, Sonja Bezjak, Ana Inkret
Copyright, Fair Use, Scholarly Communication, etc.
The paper aims to present the implementation of the RDA research data policy framework in Slovenian scientific journals within the project RDA Node Slovenia. The activity aimed to implement the practice of data sharing and data citation in Slovenian scientific journals and was based on internationally renowned practices and policies, particularly the Research Data Policy Framework of the RDA Data Policy Standardization and Implementation Interest Group. Following this, the RDA Node Slovenia coordination prepared a guidance document that allowed the four pilot participating journals (from fields of archaeology, history, linguistics and social sciences) to adjust their journal policies regarding data …
Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas
Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Equitable Defenses In Patent Law, Christa J. Laser
Equitable Defenses In Patent Law, Christa J. Laser
University of Miami Law Review
In patent law, “unenforceability” can have immense consequences. At least five equitable doctrines make up the defense of “unenforceability” as it was codified into the Patent Act in 1952: laches; estoppel; unclean hands; patent misuse; and according to some, inequitable conduct. Yet in the seventy years since incorporation of equitable defenses into the patent statute, the Supreme Court has not clarified their reach. Indeed, twice in the last four years, the Supreme Court avoided giving complete guidance on the crucial questions of whether, and when, such equitable defenses are available to bar damages in cases brought at law.
Several interpretive …
The Vampire That Refused To Die: Dracula And Nosferatu, Louis J. D'Alton
The Vampire That Refused To Die: Dracula And Nosferatu, Louis J. D'Alton
Proceedings from the Document Academy
This paper considers the efforts of the Stoker estate to stop an infringing work, Nosferatu, in a new medium while simultaneously attempting to create new vehicles to exploit the legacy of Dracula. Focusing on the works as they pass and transform through overlapping and related frames allows the consideration of both the private and public lives of the document. It also highlights the limitations of policy frames and the continuing relevance of these historical processes in discussions of the document.
Open Access: “Information Wants To Be Free”?, Richard Poynder
Open Access: “Information Wants To Be Free”?, Richard Poynder
Copyright, Fair Use, Scholarly Communication, etc.
The main points made in this document:
- Internet mantras like information wants to be free misled OA advocates about what is possible in an online world. Amongst other things, these mantras led to the mistaken belief that publishing would be very much cheaper on the internet.
- BOAI was intended to achieve three things: to resolve the longstanding problems of affordability, accessibility, and equity that have long dogged scholarly communication.
- It now seems unlikely that the affordability and equity problems will be resolved, which will impact disproportionately negatively on those in the Global South. And if the geopolitical …
Brief For The Coalition Against Patent Abuse As Amicus Curiae In Support No Party, Charles Duan
Brief For The Coalition Against Patent Abuse As Amicus Curiae In Support No Party, Charles Duan
Amicus Briefs
Perhaps unexpectedly, a case on the constitutionality of the Patent Trial and Appeal Board has major significance to the pressing policy crisis of drug prices in the United States. Erroneously issued patents monopolize medical therapies, making them unaffordable or inaccessible to numerous Americans. The inter partes review proceedings that the Board conducts have repeatedly and successfully overcome such patents, enabling competition and dramatically lowering prices. This Court should ensure the continued viability of the Board and of inter partes review, by preserving the Board’s objectivity and independence from executive branch political influence.
Preserving Fabled Amateurism: The Benefits Of The Ncaa’S Adoption Of The Olympic Amateurism Model, John Kealey
Preserving Fabled Amateurism: The Benefits Of The Ncaa’S Adoption Of The Olympic Amateurism Model, John Kealey
Journal of Law and Policy
After a century of denying student-athletes from receiving compensation outside the cost of attendance for their athletic contributions to their respective universities, the NCAA finally announced it would change its amateurism rule. The change came in response to multiple class action lawsuits and, more recently, legislation from many states, namely California and New York, which would have mandated that universities do not interfere with student-athletes desire to commercially exploit their own names, image, and likenesses. However, these statutes are potentially flawed in that each could exacerbate or perpetuate the anti-trust and first amendment issues inherent to the current amateurism rule. …
National Cybersecurity Innovation, Tabrez Y. Ebrahim
National Cybersecurity Innovation, Tabrez Y. Ebrahim
West Virginia Law Review
National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …
Super-Statutory Contracting, Kristelia A. García
Super-Statutory Contracting, Kristelia A. García
Washington Law Review
The conventional wisdom is that property rules induce more—and more efficient—contracting, and that when faced with rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent, private copyright deals show some intellectual property owners doing just the opposite: faced with statutory liability rules, they are contracting for more protection than that dictated by law, something this Article calls “super-statutory contracting”—either by opting for a stronger, more tailored liability rule, or by contracting into property rule protection. Through a series of deal analyses, this Article explores this counterintuitive phenomenon, and updates seminal thinking on …
Unregistered Patents, Miriam Marcowitz-Bitton, Emily Michiko Morris
Unregistered Patents, Miriam Marcowitz-Bitton, Emily Michiko Morris
Washington Law Review
Although all should be treated equally under the law, patent law has long been known to favor some less than others. Patentable technology is highly heterogeneous, covering everything from minute improvements in electronics to pioneering new artificial organs, but patent protection itself is purely a one-size-fits-all system. Patents thus overreward some while underrewarding others. On the one hand, patents overreward low-investment, low-value inventions by granting them the same twenty-year term of protection as those that required much higher investments and yield much higher social value. The resulting glut of low-quality patents has contributed greatly to the “patent crisis” of opportunistic …
Copyright's Fixation Requirement: Is It Still Needed?, Attamongkol Tantratian
Copyright's Fixation Requirement: Is It Still Needed?, Attamongkol Tantratian
Maurer Theses and Dissertations
While the United States requires fixation for an original work to be entitled to federal copyright protection, many other countries ignore such requirement. The difference could lead to partial copyright protection standards across jurisdictions over certain works that are not fixed. Examples of such works include extemporaneous speeches, lectures, improvisational performances, and contemporary arts that are transitory. Moreover, with today’s rapid development of arts and technologies, creative works can be presented via new media without being fixed in a traditional way. The examples include live streams of lectures and music performances, which have become part of the “new normal.” In …
Pledging Intellectual Property For Covid-19, Jorge L. Contreras
Pledging Intellectual Property For Covid-19, Jorge L. Contreras
Utah Law Faculty Scholarship
COVID-19 differs from other recent public health crises with respect to its sudden onset, its rapid spread, the lack of any known vaccine or cure and resulting shortages of critical medical equipment. The convergence of these factors has prompted both governments and IPR holders around the world to seek ways to increase the availability of IPR necessary to combat the pandemic. Governmental compulsory licensing, IPR pools and voluntary IPR pledges have all been used in the past, though in situations that differ in important respects from the COVID-19 pandemic. Each is designed to result, to a greater or lesser degree, …
Artificial Intelligence, The Law-Machine Interface, And Fair Use Automation, Peter K. Yu
Artificial Intelligence, The Law-Machine Interface, And Fair Use Automation, Peter K. Yu
Faculty Scholarship
From IBM Watson's success in Jeopardy! to Google DeepMind's victories in Go, the past decade has seen artificial intelligence advancing in leaps and bounds. Such advances have captured the attention of not only computer experts and academic commentators but also policymakers, the mass media and the public at large. In recent years, legal scholars have also actively explored how artificial intelligence will impact the law. Such exploration has resulted in a fast-growing body of scholarship.
One area that has not received sufficient policy and scholarly attention concerns the law-machine interface in a hybrid environment in which both humans and intelligent …
Will China's New Anti-Suit Injunctions Shift The Balance Of Global Frand Litigation?, Jorge L. Contreras
Will China's New Anti-Suit Injunctions Shift The Balance Of Global Frand Litigation?, Jorge L. Contreras
Utah Law Faculty Scholarship
By issuing anti-suit injunctions (ASIs) in Conversant v. Huawei and InterDigital v. Xiaomi in late 2020, Chinese courts have signaled a new willingness to vie for jurisdictional authority in global battles over standard-essential patents and FRAND licensing. While the Supreme People’s Court in Conversant largely followed the pattern of US and UK courts that have issued ASIs in similar cases, the ruling of the Wuhan court in InterDigital is far broader in two major respects. First, its geographic scope is not limited to the country in which InterDigital sought injunctive relief (India), but extends to all jurisdictions in the world. …
First Sale And Exhaustion, Jorge L. Contreras
First Sale And Exhaustion, Jorge L. Contreras
Utah Law Faculty Scholarship
This chapter in the forthcoming case book "Intellectual Property Licensing and Transactions: Theory and Practice" addresses issues of first sale and exhaustion for licensing transactions involving patents, copyrights and trademarks. Among the issues considered are licensing versus sale of software, patent exhaustion, post-sale restrictions, international exhaustion and gray market imports.
Antitrust And Competition Issues, Jorge L. Contreras
Antitrust And Competition Issues, Jorge L. Contreras
Utah Law Faculty Scholarship
This Chapter offers a broad overview of the impact of U.S. antitrust laws on IP licensing and transactions. A basic understanding of antitrust law is critical to the analysis of IP licensing arrangements, whether concerning patents, copyrights or trademarks. This chapter offers a summary of the antitrust doctrines that arise frequently in IP and technology-focused transactions — price fixing and market allocation, resale price maintenance, tying, monopolization, refusals to deal, standard setting and pay-for-delay settlements, with coverage of the major cases and enforcement agency guidance. Antitrust issues also play a role in the analysis of joint ventures, which are discussed …
Legal Terms Of Use And Public Genealogy Websites, Jorge L. Contreras, Kyle Schultz, Craig Teerlink, Tim Maness, Laurence Meyer, Lisa Cannon-Albright
Legal Terms Of Use And Public Genealogy Websites, Jorge L. Contreras, Kyle Schultz, Craig Teerlink, Tim Maness, Laurence Meyer, Lisa Cannon-Albright
Utah Law Faculty Scholarship
Public genealogy websites, to which individuals upload family history, genealogy, and sometimes individual genetic data, have been used in an increasing number of public health, epidemiological, and genetic studies. Yet there is little awareness among researchers of the legal rules that govern the use of these online resources. We analyzed the online Terms of Use (TOU) applicable to 17 popular genealogy websites and found that none of them expressly permit scientific research, while at least 13 contain restrictions that may limit or prohibit scientific research using data obtained from those sites. In order to ensure that researchers who use genealogy …
Financial Terms In License Agreements, Jorge L. Contreras
Financial Terms In License Agreements, Jorge L. Contreras
Utah Law Faculty Scholarship
This chapter in the forthcoming casebook Intellectual Property Licensing and Transactions: Theory and Practice (2020, forthcoming), discusses the financial terms of IP licensing agreements including fixed payments, running royalties, sublicensing income, milestone payments, equity compensation and cost reimbursement, as well as most-favored and audit clauses. Numerous areas of recent controversy are addressed including the establishment of royalty rates through the entire market value rule (EMVR) versus the smallest salable patent practicing unit (SSPPU) rule, royalties for bundled rights, rules of thumb discredited by the courts, royalty escalation clauses and more. Examples are drawn primarily from biotechnology, high-tech and copyright licensing …