Law Commons^™

Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Preserving An Independent Judiciary In Turbulent Times

Stanley H. Mervis Lecture

No abstract provided.

The Meaning Of Mcdonald's [(R)], Laura A. Heymann

Popular Media

No abstract provided.

Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn

Copyright, Fair Use, Scholarly Communication, etc.

The preservation of the scholarly record has been a point of concern since the beginning of knowledge production. With print publications, the responsibility rested primarily with librarians, but the shift towards digital publishing and, in particular, the introduction of open access (OA) have caused ambiguity and complexity. Consequently, the long-term accessibility of journals is not always guaranteed, and they can even disappear from the web completely. The purpose of this exploratory study is to systematically study the phenomenon of vanished journals, something that has not been done before. For the analysis, we consulted several major bibliographic indexes, such as Scopus, …

Knowledge Based View Of University Tech Transfer—A Systematic Literature Review And Meta-Analysis, Clovia Hamilton, Philbin P. Simon

Technology & Society Faculty Publications

Research and technology commercialization at research-intensive universities has helped to develop provincial economies resulting in university startups, the growth of other new companies and associated employment. University technology transfer offices (TTOs) oversee the process of technology transfer into the commercial marketplace and these organizational units can be considered in the context of enabling effective knowledge management. However, what enables productive TTO performance has not been comprehensively researched. Therefore, this research study adopted the knowledge-based view as the theoretical construct to support a comprehensive investigation into this area. This was achieved through employing a systematic literature review (SLR) combined with a …

The Ip Law Book Review, V.10 #1, William T. Gallagher, Samuel F. Ernst

Intellectual Property Law

LANDMARK CASES IN INTELLECTUAL PROPERTY LAW, edited by Jose Bellido. Reviewed by Maurizio Borghi, Centre for Intellectual Property Policy & Management (CIPPM), Bournemouth University.

UNITED STATES V. APPLE: COMPETITION IN AMERICA by Chris Sagers. Reviewed by Shubha Ghosh, Syracuse University College of Law. A response is given by Professor Sagers following the review.

PATENT REMEDIES AND COMPLEX PRODUCTS: TOWARD A GLOBAL CONSENSUS, edited by C. Bradford Biddle, Jorge. L. Contreras, Brian J. Love, and Norman V. Siebrasse. Reviewed by Bernard Chao, University of Denver Sturm College of Law.

Facilitating Access To Cross-Border Supplies Of Patented Pharmaceuticals: The Case Of The Covid-19 Pandemic, Frederick M. Abbott

Scholarly Publications

The COVID-19 pandemic has brought into stark relief the gaps in global preparedness to address widespread outbreaks of deadly viral infections. This article proposes legal mechanisms for addressing critical issues facing the international community in terms of providing equitable access to vaccines, treatments, diagnostics, and medical equipment. On the supply side, the authors propose the establishment of mandatory patent pools ('Licensing Facilities') on a global or regional, or even national basis, depending upon the degree of cooperation that maybe achieved. The authors also discuss the importance of creating shared production facilities. On the demand side, the authors propose the establishment …

Encouraging Entrepreneurship And Innovation Through Regulatory Democratization, Seth C. Oranburg

Law Faculty Scholarship

[Excerpt] "Entrepreneurship provides a path to prosperity for many people. In particular, women and minorities prefer entrepreneurship as their path to achieve the American Dream. In their striving, their startups and small businesses benefit our entire society. Entrepreneurial innovation has a positive impact on social welfare. For these reasons, the federal government has implemented numerous policies designed to support small businesses and promote startup innovation."

Open Access: An Analysis Of Publisher Copyright And Licensing Policies In Europe, 2020, Chris Morrison, Jane Secker, Brigitte Vézina,, Ignasi Labastida I Juan, Vanessa Proudman

Copyright, Fair Use, Scholarly Communication, etc.

This report investigates the copyright retention policy amongst publishers, self-archiving policies and records publisher policies on open licensing, also as relating to the Plan S requirements on rights and licensing. It should be understood as a snapshot in time informing on the current policy status. It also provides policy development guidance to funders, institutions, publishers and their authors for positive change towards immediate OA.

Over the past decade, Europe has seen a significant growth in activity to establish and advance Open Access (OA) policies, this includes the relatively recent formation of the funder coalition, cOAlition S, and its Plan S …

Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

There is a growing consensus that we are at the start of a fourth industrial revolution, driven by developments in Artificial Intelligence, machine learning, robotics, the Internet of Things, 3-D printing, nanotechnology, biotechnology, 5G, new forms of energy storage and quantum computing. This wave of technical innovations is already having a significant impact on how research is conducted, with dramatic change across research methods in recent years within some disciplines, as this project’s interim report set out.

Whilst there are a wide range of technologies associated with the fourth industrial revolution, this report primarily seeks to understand what …

Overlapping Copyright And Trademark Protection In The United States: More Protection And More Fair Use?, Jane Ginsburg, Irene Calboli

Faculty Scholarship

This chapter addresses the phenomenon of overlapping rights under US law and complements Chapter 25 authored by Professors Derclay and Ng-Loy on the overlap of trademark, copyright, and design protection under several other Common Law and Civil Law jurisdictions. Because the United States does not provide sui generis protection for industrial design, but instead protects design through trademark law (notably by protecting trade dress) and design patents, this chapter focuses on the overlap between trademark and copyright protection. The Lalique bottles created for Nina Ricci perfumes, for example, may enjoy both trademark and copyright protection in the United States. Similarly, …

Comments On Preliminary Draft 6, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

We briefly reiterate the principal General Comments we made with respect to PD5, because PD6 continues, including in its two new sections, to manifest the same overall shortcomings: (i) the relationship of the draft to the statute remains highly inconsistent; (ii) the Restatement needs a consistent and transparent methodology for restating a statute; and (iii) continuing to carry on without clear methodological principles will undermine the utility of this project and the credibility of the ALI.

Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin

Open Educational Resources

Technology has changed dramatically over the last couple of decades. Currently, virtually all business industries are powered by large quantities of data. The potential as well as actual uses of business data, which oftentimes includes personal user data, raise complex issues of informed consent and data protection. This course will explore many of these complex issues, with the goal of guiding students into thinking about tech policy from a broad ethical perspective as well as preparing students to responsibly conduct themselves in different areas and industries in a world growingly dominated by technology.

The State Of Journal Production And Access 2020: Report On Survey Of Society And University Publishers

Copyright, Fair Use, Scholarly Communication, etc.

“The State of Journal Production and Access” survey ran between March and June 2020 and received 63 responses from individuals working with academic organizations that publish one or more peer-reviewed journals independently (i.e., not outsourced to a separate publisher). The survey encompassed questions in two areas: 1. journal production, including article formatting, layout, and metadata tagging practices and priorities; and 2. journal access, including publishers’ current access and funding models as well as respondents’ perceptions of the viability of alternate options. Among the main findings on the topic of journal production were: • Less than half of publishers surveyed reported …

A List Of Zea Books, Published By University Of Nebraska-Lincoln Libraries, Zea Books

Copyright, Fair Use, Scholarly Communication, etc.

94 published titles (2005-2020), plus 1 forthcoming this fall.

Zea Books are produced by the Office of Scholarly Communications, and published by the University of Nebraska-Lincoln Libraries.

With links to online pdf editions and Lulu.com print-on-demand online storefront.

Zea Books are online at https://digitalcommons.unl.edu/zeabook/

Print-on-demand editions are available @ http://www.lulu.com/spotlight/unllib

Federal Judge Seeks Patent Cases, Jonas Anderson, Paul Gugliuzza

Working Papers

Imagine the following advertisement popping up on Craigslist: "FEDERAL JUDGE SEEKS PATENT CASES! (Waco) — Former patent litigator, recently appointed to the U.S. District Court for the Western District of Texas, longs for the intellectual challenge of a good patent fight. Can promise special procedural rules, efficient discovery, and speedy trials. Dismissal, stay, or transfer of case extremely unlikely. File in Waco and get the patent court you've always dreamed of!"That probably seems bizarre. Still — and startlingly — it accurately portrays what’s happening right now in the Western District of Texas. One judge, appointed to the court less than …

Fixing Informational Asymmetry Through Trademark Search, Jessica Silbey

Faculty Scholarship

I call this paper a “Levendowski special.” It follows the signature format of much of Professor Levendowski’s prior work which, as in the latest article, recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems. Her past articles harnessed copyright law to “fix artificial intelligence’s implicit bias” (2018) and to “combat revenge porn.” (2014). This paper draws on Professor Levendowski’s expertise working in private practice as a trademark attorney to address the problem of surveillance technology opacity. It is a primer on how to investigate trademark …

The Pharmaceutical Industry’S Corrupt Price Discrimination System: A Single Solution?, Samuel F. Ernst

Publications

The patent exhaustion doctrine generally provides that when a patent holder sells or authorizes the sale of a patented product, the patent rights in that item are exhausted. The patent holder cannot chase the item down the stream of commerce to impose restrictions on its use or resale. One issue that arises is whether a domestic sale is required to trigger patent exhaustion, or if sales overseas can also trigger patent exhaustion. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) is agnostic on this question, providing that “nothing in this Agreement shall be used to address the issue …

It’S Anti-Suit Injunctions All The Way Down – The Strange New Realities Of International Litigation Over Standards-Essential Patents, Jorge L. Contreras

Utah Law Faculty Scholarship

Today’s markets for technology products — from smartphones to home appliances to automobiles — are inherently global. This is especially true of products that embody technical standards — protocols like 5G, Wi-Fi, Bluetooth and USB that are covered by hundreds, thousands, or tens of thousands of patents (so-called “standards-essential patents” or “SEPs”). Given the global scope and size of these markets, it is not surprising that patent litigation over standardized products is often conducted on a global scale. This article looks at an increasingly important aspect of these global standards wars: the ability of a court in one jurisdiction to …

Antiracism Toolkit For Allies

Copyright, Fair Use, Scholarly Communication, etc.

While a growing awareness of racial disparities has resulted in a groundswell of support for inclusivity in scholarly publishing, we believe that the resulting initiatives would be more effective if our professional associations were able to provide training materials to help transform our workplaces and organizational cultures. As evidence of the interest and need, the project leaders of this guide have been contacted by individuals across scholarly publishing asking for resources about how to replicate workplace equity groups, what to do in cases of discrimination or microaggressions, and how to begin conversations about race. In support of necessary change, the …

Accessibility In Institutional Repositories, Laura Waugh, Colleen Lyon, Abigail Shelton, Kristi Park, William Hicks, Nerissa Lindsey

Copyright, Fair Use, Scholarly Communication, etc.

Purpose

Institutional repositories (IRs) are widely used for archiving, preserving, and disseminating scholarly works and making them available on the web. Much of the research and development in IRs has focused on platforms, workflows, and policies for adding content. In this study, the focus is to gauge practices to ensure accessibility of the digital content made available in IRs.

The purpose of this study is to:

1. Understand the current landscape of accessibility practices in institutional repositories in academic libraries.

2. Identify the average level of content accessibility implemented in institutional repositories in academic libraries.

For the purpose of this …

Association For Molecular Pathology V. Myriad Genetics: A Critical Reassessment, Jorge L. Contreras

Utah Law Faculty Scholarship

The Supreme Court’s 2013 decision in Association for Molecular Pathology v. Myriad Genetics is part of the Court’s recent quartet of patent eligibility decisions, which also includes Bilski v. Kappos, Mayo v. Prometheus and Alice v. CLS Bank. Each of these decisions has significantly shaped the contours of patent eligibility under Section 101 of the Patent Act in ways that have been both applauded and criticized. The Myriad case, however, was significant beyond its impact on Sec-tion 101 jurisprudence. Perhaps one of the most remarkable things about Myriad is that it meant so many different things to so many different …

Chapter 20 – Technical Standards: Fair, Reasonable And Non-Discriminatory (Frand) Licensing, Jorge L. Contreras

Utah Law Faculty Scholarship

This chapter in the forthcoming case book "Intellectual Property Licensing and Transactions" covers licensing transactions involving standards-essential patents (SEPs), including recent legal developments regarding the disclosure (and concealment) of SEPs, fair, reasonable and nondiscriminatory (FRAND) royalty rates, non-discriminatory licensing, the availability of injunctive relief for FRAND-encumbered patents, and transfers of FRAND commitments, as well as specific SDO policy clauses and license text addressing each of these issues.

Patent Fakes: How Fraudulent Inventions Threaten Public Health, Innovation, And The Economy, Jorge L. Contreras

Utah Law Faculty Scholarship

Because there is no practical way for patent examiners to verify that the inventions claimed in patent applications actually work, a surprising number of patents are issued for inventions that have turned out to be imaginary, fraudulent or otherwise non-existent. What's more, as illustrated by the recent attempt by Labrador Diagnostics to assert a patent acquired from now-defunct Theranos against firms developing testing kits for COVID-19, these patents present a genuine threat to businesses operating in important sectors of the economy. While it is unrealistic to expect patent examiners to verify the functionality of every claimed invention, there are a …

The Nci Cancer Moonshot Public Access And Data Sharing (Pads) Policy – Initial Assessment And Implications, Jorge L. Contreras, Tammy Frisby

Utah Law Faculty Scholarship

Since 2013, federal research-funding agencies have been required to develop and implement broad data sharing policies. Yet agencies today continue to grapple with the mechanisms necessary to enable the sharing of a wide range of data types, from genomic and other -omics data to clinical and pharmacological data to survey and qualitative data. In 2016, the National Cancer Institute (NCI) launched the ambitious $1.8 billion Cancer Moonshot Program, which included a new Public Access and Data Sharing (PADS) Policy applicable to funding applications submitted on or after October 1, 2017. The PADS Policy encourages the immediate public release of published …

Analysis Of Woods And Myburgh Comments On Cab, Jonathan Band

Joint PIJIP/TLS Research Paper Series

On June 16, 2020, President Ramaphosa of the South African Republic referred the Copyright Amendment Bill (“CAB”) back to the National Assembly on the grounds that he had reservations concerning its constitutionality. In his referral letter, President Ramaphosa stated that the CAB may be in conflict with international intellectual property (IP) treaties South Africa had joined or was planning to join. CAB opponents’ arguments that the CAB is incompatible with IP treaties are based largely on comments prepared by Michele Woods, Director of the Copyright Law Division of the World Intellectual Property Organization, in 2018. Woods prepared these comments as …

Law And Authors: A Legal Handbook For Writers (Introduction), Jacqueline D. Lipton

Book Chapters

Drawing on a wealth of experience in legal scholarship and publishing, Professor Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, academic, journalism, freelance content development). This introductory chapter outlines the key legal and business issues authors are likely to face during the course of their careers, and emphasizes that most legal problems have solutions so law should never be an excuse to avoid writing something that an author feels strongly about creating. The larger work draws from case studies and hypothetical examples to address issues of copyright …

Labour Of Love: An Open Access Manifesto For Freedom, Integrity, And Creativity In The Humanities And Interpretive Social Sciences, Andrea E. Pia, Simon Batterbury, Agnieszka Joniak-Lüthi, Marcel Laflamme, Gerda Wielander, Filippo M. Zerilli, Melissa Nolas, Jon Schubert, Nicholas Loubere, Ivan Franceschini, Casey Walsh, Agathe Mora, Christos Varvantakis

Copyright, Fair Use, Scholarly Communication, etc.

Over the next decade, Open Access (OA) is likely to become the default in scholarly publishing. Yet, as commercial publishers develop new models for capturing revenue (and as policy initiatives like Plan S remain reluctant to challenge their centrality), researchers, librarians, and other concerned observers are beginning to articulate a set of values that critically engages the industry-driven project of broadening access to specialist scholarship. While alternative genealogies exist, conversations about OA in the Global North have largely been concerned with the model of the STEM disciplines, lately shifting to focus on the development of infrastructural fixes that transcend traditional …

Open Access Uptake By Universities Worldwide, Nicolas Robinson-Garcia, Rodrigo Costas, Thed N. Van Leeuwen

Copyright, Fair Use, Scholarly Communication, etc.

The implementation of policies promoting the adoption of an open science (OS) culture must be accompanied by indicators that allow monitoring the uptake of such policies and their potential effects on research publishing and sharing practices. This study presents indicators of open access (OA) at the institutional level for universities worldwide. By combining data from Web of Science, Unpaywall and the Leiden Ranking disambiguation of institutions, we track OA coverage of universities' output for 963 institutions. This paper presents the methodological challenges, conceptual discrepancies and limitations and discusses further steps needed to move forward the discussion on fostering OA and …

Cybersecurity-Corporate Espionage, Amy J. Ramson

Open Educational Resources

The goals of this team activity in the area of criminal law, cybersecurity and cyber crime are to facilitate team work, critical thinking and presentation skills. Students will be grouped into two teams. As a team, they will analyze cases about corporate espionage committed by nation states and industry competitors through the questions presented in the activity. They will present their analysis to the class.