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Full-Text Articles in Law
Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski, Stanley Kowalski
Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski, Stanley Kowalski
The University of New Hampshire Law Review
The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither realistic nor even tenable in the current century, a century increasingly dominated by science, technology, invention, innovation, and intellectual property. Simply put, whereas lawyers are risk averse and build constructed realities to argue points and serve clients, scientists seek an objective assessment of truth and accept …
Obtaining Trademark Registration For Marks Containing Political Commentary: A Look Into Vidal V. Elster, Annick Runyon
Obtaining Trademark Registration For Marks Containing Political Commentary: A Look Into Vidal V. Elster, Annick Runyon
University of Miami Law Review
For decades, courts have struggled with balancing trademark law with the First Amendment—specifically with cases challenging the denial of trademark registration of certain marks. Congress codified trademark registration through the Lanham Act, also known as the Trademark Act of 1946. This statute outlines the registration process and expands the rights of trademark owners. In recent years, a string of cases have ruled certain provisions of the Lanham Act that bar certain marks from registration unconstitutional.
Currently under review by the Supreme Court, the case Vidal v. Elster involves an applicant who was denied trademark registration for his mark “Trump Too …
No Flash Photography Please: An Analysis Of Corporate Use Of Street Art Under Section 120(A) Of The Awcpa, Sierra Epke
No Flash Photography Please: An Analysis Of Corporate Use Of Street Art Under Section 120(A) Of The Awcpa, Sierra Epke
University of Miami Law Review
Street art and graffiti are pervasive artforms found throughout the world and throughout history. While the artforms have been associated with crime and vandalism in the past, they have increasingly been featured in different capacities from art galleries to corporate marketing campaigns. With street art’s growing recognition and popularity, corporations have begun to use the medium to target new customer bases. In some situations, the use of artwork in marketing campaigns is unsanctioned by the artist. Therefore, courts have now begun to examine the balance between copyright protection for street artists and the corporate use of street art. Section 120(a) …
Intellectual Property And The Myth Of Nonrivalry, James Y. Stern
Intellectual Property And The Myth Of Nonrivalry, James Y. Stern
Notre Dame Law Review
The concept of rivalry is central to modern accounts of property. When one per-son’s use of a resource is incompatible with another’s, a system of rights to determine its use may be necessary. It is commonly asserted, however, that informational goods like inventions and expressive works are nonrivalrous and that intellectual property rights must therefore be subject to special limitation, if they should even exist at all. This Article examines the idea of rivalry more closely and makes a series of claims about the analysis of rivalrousness for purposes of such arguments. Within that frame-work, it argues that rivalry should …
Trial By Trademark: Why The Trademark System Needs To Stand On Its Own Two Marks, Ben Siegel
Trial By Trademark: Why The Trademark System Needs To Stand On Its Own Two Marks, Ben Siegel
Journal of Intellectual Property Law
While IP-intensive industries continue to produce a significant portion of the American economy, trademarks consistently remain a substantial portion. Given trademarks’ increasingly pivotal role in the global economy, the complexities and nuances of trademark law demand a specialized approach. In examining the current trademark landscape, many scholars have underscored the paradox of its fractured nature, despite its fundamental role in the economy. Currently, trademark law suffers from a lack of uniformity across the various circuits in critical areas of the law itself, as well as vulnerabilities in forum shopping and confusion for businesses.
Rather than endorsing the conventional approach to …
Do Patents Drive Investment In Software?, James Hicks
Do Patents Drive Investment In Software?, James Hicks
Northwestern University Law Review
In the wake of a quartet of Supreme Court decisions which disrupted decades of settled law, the doctrine of patentable subject matter is in turmoil. Scholars, commentators, and jurists continue to disagree sharply over which kinds of invention should be patentable. In this debate, no technology has been more controversial than software. Advocates of software patents contend that denying protection would stymie innovation in a vital industry; skeptics argue that patents are a poor fit for software, and that the social costs of patents outweigh any plausible benefits. At the core of this disagreement is a basic problem: the debate …
Protecting The Rights Of The Researcher In E- Scientific Research, سهيل الفتلاوي
Protecting The Rights Of The Researcher In E- Scientific Research, سهيل الفتلاوي
Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات
Paperbacks industry has experienced great development industry through modern electronic means. When their reach this stage of development and the arrival of Paperbacks to the reader via computers, fired by the E-Research or electronic or digital library, which can be read via computer or tablet computer or mobile phone. Which became possible we can carry thousands of researchs in a small device and read researchs in a simple and easy access to information very quickly. And facilitate access to E-Researchs in an hour issued to the reader without the trouble, which spread the circle of human knowledge and scientific …
A Degree Of Pro-Ip Preference: An Empirical Study Of The Relationship Between Federal Judges' Undergraduate Programs And Their Trade Secret Decisions, Christopher P. Dinkel
A Degree Of Pro-Ip Preference: An Empirical Study Of The Relationship Between Federal Judges' Undergraduate Programs And Their Trade Secret Decisions, Christopher P. Dinkel
West Virginia Law Review
While the previous literature has found that certain background characteristics of federal judges, such as their race, gender, and ideology, statistically correlate with case outcomes, little prior scholarship has examined the connection between judges’ educational backgrounds and their judicial decision-making. The empirical study that this Article presents fills a critical gap in the literature by statistically analyzing the relationship between federal judges’ undergraduate degrees and their rulings in cases related to trade secrets, a highly valuable form of intellectual property (IP) for many companies. Notably, it finds that if a trade secret case is assigned to a judge who possesses …
Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein
Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein
Georgia Law Review
Innovation is a form of civic religion in the United States. In the popular imagination, innovators are heroic figures. Thomas Edison, Steve Jobs, and (for a while) Elizabeth Holmes were lauded for their vision and drive and seen to embody the American spirit of invention and improvement. For their part, politicians rarely miss a chance to trumpet their vision for boosting innovative activity. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny …
Give Or Take—Is The Droit De Suite A Taking Without Just Compensation?, Jeremy Cohen
Give Or Take—Is The Droit De Suite A Taking Without Just Compensation?, Jeremy Cohen
Pepperdine Law Review
The Constitution mandates Congress to protect the arts and sciences directly by creating an exclusive right called copyright. However, visual artists such as painters, sculptors, and photographers in the United States still cannot participate in the significant profits from the secondary sales of their copyrighted works at public and private auctions. In over eighty countries worldwide, the droit de suite, also known as the Artist Resale Royalty (ARR), grants visual artists such royalties. Unfortunately, the United States currently lacks such a royalty, despite multiple unsuccessful attempts by Congress to pass federal legislation. Although California enacted its own version of the …
Restorative Justice For International Traditional Cultural Expression Ownership Disputes, Sandra H. Sulzer
Restorative Justice For International Traditional Cultural Expression Ownership Disputes, Sandra H. Sulzer
Michigan Journal of International Law
Traditional cultural expressions (“TCE”), which include dances, songs, and pottery, and traditional knowledge (“TK”), which includes plant properties, agricultural practices, and artistic techniques, are inarguably valuable both to the groups that create them and to outsiders who wish to use or sell them. International law broadly, and intellectual property (“IP”) law more specifically, are not well-suited to protect the interests of creators of TCE and TK. A persistent pattern of exploitation of traditional expressions and knowledge has been well-documented. But responses have been dissatisfying, and sometimes begin from a place of disregarding the value of these contributions. At present, when …
Access To Justice For Black Inventors, Jordana R. Goodman Assistant Professor Of Law, Khamal Patterson
Access To Justice For Black Inventors, Jordana R. Goodman Assistant Professor Of Law, Khamal Patterson
Vanderbilt Law Review
To receive a patent, an inventor must meet certain inventive and procedural standards. Their invention must be novel, nonobvious, and written in such a way that any person skilled in the inventive subject can make and use the invention without undue experimentation. This process is far from objective.
An inventor is not always communicating within their own social circle. An inventor is required to communicate their invention so that a patent examiner believes a person having ordinary skill in the art ("PHOSITA") would recognize the invention as nonobvious. Moreover, a fictitious skilled person must be able to make and use …
On Copyright Utilitarianism, Patrick R. Goold, David A. Simon
On Copyright Utilitarianism, Patrick R. Goold, David A. Simon
Indiana Law Journal
Utilitarians typically argue that the state should grant copyright to authors only when doing so promotes utility. In recent years, however, this argument has faced three criticisms. As a normative matter, critics argue that a utilitarian copyright system is neither just nor attractive. As an epistemological matter, critics argue that society cannot ever know whether copyright promotes utility. And as an interpretive matter, critics argue that utilitarianism fails to appreciate what copyright is really all about: progress of the sciences and useful arts. And so, an increasing number of scholars conclude that copyright should be awarded, not when doing so …