Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 46
Full-Text Articles in Law
Flexibilities Under Trips: An Analysis Of The Proposal For Reforming Brazilian Patent Law, 15 J. Marshall Rev. Intell. Prop. L. 150 (2016), Roberto Romandini
Flexibilities Under Trips: An Analysis Of The Proposal For Reforming Brazilian Patent Law, 15 J. Marshall Rev. Intell. Prop. L. 150 (2016), Roberto Romandini
UIC Review of Intellectual Property Law
This article analyses the proposal for reforming the Brazilian patent system pending before the Brazilian Parliament as Bill No. 5402/13. The proposed legislation addresses such issues as the assumed insufficiency of the inventive step requirement in preventing unjustified “monopolies,” the proliferation of so-called secondary patents, and the extension of market exclusivity positions through strategic filings, which are being debated also in Europe and the U.S. The proposed legislation offers an example for possible actions in these critical areas of the patent system. In doing so, it puts forward options that depart from consolidated Western normative patterns. In analyzing the reform …
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
UIC Review of Intellectual Property Law
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …
Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak
Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak
UIC Review of Intellectual Property Law
Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It …
Open Source Paradigm: Beyond The Solution To The Software Patentability Debate, 15 J. Marshall Rev. Intell. Prop. L. 647 (2016), Giovanna Massarotto
Open Source Paradigm: Beyond The Solution To The Software Patentability Debate, 15 J. Marshall Rev. Intell. Prop. L. 647 (2016), Giovanna Massarotto
UIC Review of Intellectual Property Law
Around 300 BCE, a Greek mathematician, Euclid discovered a theorem on which modern geometry and a fundamental algorithm is based. Euclid’s theorem represents a method for calculating the greatest common divisors between two integers. Since 300 BCE, both Euclid’s Theorem and algorithm have been applied in many fields, including algebra and geometry. But what would have happened if Euclid’s Theorem had been patented? The issue is not whether we can continue to use Euclid’s Theorem without paying royalties, but if software and algorithms underlying the software are patentable. Although software is based on algorithms similar to the algorithm discovered by …
The Art Of Food Placement: Will The U.S. Follow Germany's Lead In Copyrighting Artistic Food Placement?, 15 J. Marshall Rev. Intell. Prop. L. 565 (2016), Julianna Walo
UIC Review of Intellectual Property Law
Recently, German courts created groundbreaking precedent allowing copyright protection for the artistic placement of food on a plate. The rulings allow chefs to prohibit people from taking pictures of the copyrighted food placement. While Germany’s moral-based legal system allows for such copyright protections, this comment compares the U.S. legal system to that of Germany and examines if and how such copyright protection could extend to food placement in the U.S.
Damages Control: Returning Royalties To Their Reasonable Roots, 15 J. Marshall Rev. Intell. Prop. L. 827 (2016), Adam Friedman
Damages Control: Returning Royalties To Their Reasonable Roots, 15 J. Marshall Rev. Intell. Prop. L. 827 (2016), Adam Friedman
UIC Review of Intellectual Property Law
Calculating patent damages can be a costly and difficult process for litigants. Because of the requirement that damages not fall below a reasonable royalty, there has been substantial focus on how to determine what a reasonable royalty is. This article examines the history of the doctrine and the policies underlying its existence. Due to conflicting strains of the doctrine which serve distinct but separate policy goals, the article proposes that federal judges separate the two strains into distinct and independent bases for recovery. By doing this the courts will be able to expand and refine the two fundamentally different theories …
Apis And Copyright Protection: The Potential Impact On Software Compatibility In The Programming Industry, 16 J. Marshall Rev. Intell. Prop. L. 153 (2016), Daria Vasilescu-Palermo
Apis And Copyright Protection: The Potential Impact On Software Compatibility In The Programming Industry, 16 J. Marshall Rev. Intell. Prop. L. 153 (2016), Daria Vasilescu-Palermo
UIC Review of Intellectual Property Law
In Oracle v. Google, the Federal Circuit set precedent when it decided to grant copyright protection to APIs. This comment examines the potential impact the computer programming industry will face now that APIs are deemed copyrightable. This comment also discusses Google s success in using fair use as an affirmative defense in order to use copyrightable APIs and what that means for the rest of the computer programming industry. Due to the fast-paced and ever-changing world of technology, this comment also proposes that the abstract-filtration-comparison test is the appropriate test to be used in determining API copyrightability if the issue …
Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma
UIC John Marshall Journal of Information Technology & Privacy Law
The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …
Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey
Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey
UIC John Marshall Journal of Information Technology & Privacy Law
The authors examine the unique legal and privacy implications that cell site location information tracking by law enforcement poses for current Fourth Amendment jurisprudence. Following a brief explanation of how cell phone tracking works, their discussion is directed to the concept of privacy under the Fourth Amendment both prior to and following the seminal Supreme Court decision of Katz v. United States (1967), including a review of the Supreme Court’s historical treatment of tracking devices post-Katz. Consideration is then directed to the United States. v. Maynard (2010) decision, where the court employed the “mosaic” theory in a Fourth …
Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
How Can The Government Sustain People's Privacy Interests As The Real Estate Industry Adopts And Applies A Fully Electronic System? 32 J. Marshall J. Info. Tech. & Privacy L. 321 (2016), Drago Putica
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga
Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga
UIC John Marshall Journal of Information Technology & Privacy Law
While robots are still absent from our homes, they have started to spread over battlefields. However, the military robots of today are mostly remotely controlled platforms, with no real autonomy. This paper will disclose the obstacles in implementing autonomy for such systems by answering a technical question: What level of autonomy is needed in military robots and how and when might it be achieved, followed by a techno-legal one: How to implement the rules of humanitarian law within autonomous fighting robots, in order to allow their legal deployment? The first chapter scrutinizes the significance of autonomy in robots and the …
Digital Love: Where Does The Marital Communications Privilege Fit In The World Of Social Media Communications, 32 J. Marshall J. Info. Tech. & Privacy L. 105 (2016), Nicole Scott
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explores the impact of recent developments in communication on the applicability of the marital communications privilege. Particularly, this article explores the role social media communication plays, focusing on whether a change is necessary for the privilege to adhere to the recent changes in marriage and communication. Part II of this article discusses the history of the marital privilege, the evolution of marriage, and the history of social media. Part III proposes the need to extend the marital privilege to include private communications on social media. I will advocate for this by comparing the Privilege to other communication privileges, …
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
UIC John Marshall Journal of Information Technology & Privacy Law
The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …
The Protection Of Pioneer Innovations – Lessons Learnt From The Semiconductor Chip Industry And Its Ip Law Framework, 32 J. Marshall J. Info. Tech. & Privacy L. 151 (2016), Thomas Hoeren
UIC John Marshall Journal of Information Technology & Privacy Law
In the second half of the 20th century, semiconductor technology as integrated circuits (IC), commonly known as microchips, became more and more dominating in our lives. Microchips are the control center of simple things like toasters as well as of complex high-tech machines for medical use. Of course, they also define the hearts of each computer. With the invention of semiconductor technology, a whole new economic sector began its rise and soon played a major role in the economies of the large industrial countries like the U.S., Japan and the EC. Especially, it stands out for its innovational power and …
Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper
UIC John Marshall Journal of Information Technology & Privacy Law
This comment aims to look at this intersection between Google search results, their lack of removal options in the United States, and the potential harm this can cause crime victims. The comment will begin by assessing Google’s method for delivering search results, and its general removal process for most non-European nations. Then, this comment will continue by looking at the European Union and its “right to be forgotten” ruling that allows people in certain circumstances to remove their personal information from the Internet, and what the United States can learn from its implementation. Moreover, we will then contrast the European …
How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta
How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta
UIC John Marshall Journal of Information Technology & Privacy Law
Conversations said in public do not have an expectation of privacy, and therefore, the ShotSpotter does not violate the right to privacy. This comment will address the following: a) ShotSpotter technology is a necessity in all neighborhoods; b) ShotSpotter does not violate an individual’s expectation of privacy; c) the need for ShotSpotter outweighs the cost of the device; and e) regulations and economic solutions will allow cities to use ShotSpotter while still protecting the individual’s privacy rights.
Smart Washers May Clean Your Clothes, But Hacks Can Clean Out Your Privacy, And Underdeveloped Regulations Could Leave You Hanging On A Line, 32 J. Marshall J. Info. Tech. & Privacy L. 259 (2016), Nikole Davenport
UIC John Marshall Journal of Information Technology & Privacy Law
A house is equipped with a smart clothes washer, an intelligent HVAC system and a video enabled home security system, all running through the home network - it reduces the noise by doing laundry when no one is at home, saves energy costs by automatically changing the temperature depending who is in a room, lets the owner remotely see the kids walk in the door after school, and keeps the house safe - the owner is maximizing the use of the Internet of Things (“IoT”) devices (i.e. a network of everyday objects connected to the Internet and to each other). …
The Presumption Of Injury: Giving Data Breach Victims "A Leg To Stand On," 32 J. Marshall J. Info. Tech. & Privacy L. 301 (2016), Corey Varma
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Drone Integration: A Pilot's Solution To A Serious Entertainment Problem, 33 J. Marshall J. Info. Tech. & Privacy L. 1 (2016), Daniel Shoffet
Drone Integration: A Pilot's Solution To A Serious Entertainment Problem, 33 J. Marshall J. Info. Tech. & Privacy L. 1 (2016), Daniel Shoffet
UIC John Marshall Journal of Information Technology & Privacy Law
This paper will explain the current state regarding the integration of commercial and recreational drones into the United States’ airspace with general aviation, as well as identify whether drones and general aviation incidents are common or are likely to occur. This paper will also analyze proposed regulations by the Federal Aviation Administration and any drawbacks that come along with them, as well as other proposed solutions to the current problem with integration of drones. Additionally, this paper will propose a solution which incorporates the use of current aviation technologies to solve the drone integration problem: mandating commercial drone operators to …
A Study On The Legality Of Royalty Collection Clauses After Expiration Of Patent Rights, 15 J. Marshall Rev. Intell. Prop. L. 213 (2016), Wei-Lin Wang
UIC Review of Intellectual Property Law
Whether a contract clause may permit a patent owner to continuously collect royalty payments from a licensee after the expiration of its patent rights is a highly controversial issue in practice. Some believe that because patent rights are a kind of monopoly granted by the government, it shall not be extended after expiration; otherwise, it shall be regarded as patent misuse and/or unfair competition as the case may be. Nonetheless, others believe that this kind of clause is actually beneficial to a licensee because the licensee is allowed to make royalty payments throughout the whole patent term and even after …
Issue Preclusion: The Effect B&B Hardware Will Have On Trademark Litigation, 15 J. Marshall Rev. Intell. Prop. L. 257 (2016), Lian Osier
UIC Review of Intellectual Property Law
Trademark issues are frequently litigated in the United States Patent and Trademark Office, yet circuits were previously divided on how much weight to give those decisions. The Supreme Court provided the answer. B&B Hardware v. Hargis Indus. held that in certain circumstances, the Trademark Trial and Appeal Board will have a preclusive effect on federal district courts. This comment looks at what effect this ruling will have on trademark litigation in district courts by examining the cases that caused the circuit split leading up to the Supreme Court’s decision.
Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin
Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin
UIC Review of Intellectual Property Law
The struggle between the NCAA and student-athletes is one that will not slow down. The issue is whether the mandatory student-athlete agreement is reasonable and, further, if student-athletes should be compensated for the use of their likeness? The answers to these questions are crucial with over a century of tradition on the line. This comment analyzes the recent Ninth Circuit decision through an antitrust and right of publicity lens. Additionally, this comment proposes a solution that allows student-athletes to receive some type of compensation while the NCAA preserves amateurism.
Providing Copyright Protection To Real Estate Listings: Protecting Brokers, Sellers, And Consumers, 15 J. Marshall Rev. Intell. Prop. L. 318 (2016), Kathryn Robinson
Providing Copyright Protection To Real Estate Listings: Protecting Brokers, Sellers, And Consumers, 15 J. Marshall Rev. Intell. Prop. L. 318 (2016), Kathryn Robinson
UIC Review of Intellectual Property Law
In a technology-driven age, the Internet has changed how prospective homebuyers search for their new home. For many, a search on Google is the first step before hiring a broker or getting prequalified for a mortgage. Although the Internet is a powerful tool widely utilized by many, there has been a growing concern for managing and protecting the integrity of real estate listings. Data scraping of listing data has become problematic for the real estate industry; as a result, this has caused irreparable harm to everyone. This comment highlights the benefits of awarding copyright protection to all contents of the …
From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris
UIC Review of Intellectual Property Law
This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his prognosis for …
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
UIC Review of Intellectual Property Law
No abstract provided.
Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline
UIC Review of Intellectual Property Law
No abstract provided.
Illusory Borders: The Myth Of The Modern Nation-State And Its Impact On The Repatriation Of Cultural Artifacts, 15 J. Marshall Rev. Intell. Prop. L. 486 (2016), Lubna El-Gendi
UIC Review of Intellectual Property Law
While the current world order of independent nation-states may seem like a natural state that has existed for centuries, in reality, it is a relatively new development that was forged after the demise of imperial rule. Yet, the nation-state is the foundational entity of our current international political and legal framework. International treaties and relations are structured around the nation-state, which is recognized as the core entity in which rights are vested and on which obligations are imposed. This prioritization of the nation-state leads to issues when we consider the repatriation of cultural heritage, particularly in light of the history …
Let It Go? A Comparative Analysis Of Copyright Law And Enforcement In The United States Of America And China, 15 J. Marshall Rev. Intell. Prop. L. 584 (2016), Kevin Fleming
UIC Review of Intellectual Property Law
Cheap, knockoff designer items have flooded the streets of China for years. These products infringe on the copyrights of the manufacturers but are rarely enforced. China has attempted to revise their copyright laws to offer more protection to copyright owners, but this has not yet occurred. This comment examines two recent occurrences of copyrighted works in the United States of America being infringed upon in China. This comment examines the how a court or tribunal would rule applying American copyright law and Chinese Copyright law, while also examining the possible remedies that could result. This comment also proposes possible solutions …
Cultural Heritage & New Media: A Future For The Past, 15 J. Marshall Rev. Intell. Prop. L. 604 (2016), Ann Marie Sullivan
Cultural Heritage & New Media: A Future For The Past, 15 J. Marshall Rev. Intell. Prop. L. 604 (2016), Ann Marie Sullivan
UIC Review of Intellectual Property Law
The application of new media to cultural heritage is consistent with the policy objectives that the copyright law of the United States stands to promote. However, the practical application of the law currently hinders these objectives, often stifling the creation and dissemination of new media works of cultural heritage. In this context, copyright law presents a problem and not a solution, a barrier and not a protection, dissuasion of creation and not encouragement and incentive. Defining the legal scope and reach of digital property and new media within the realm of art and cultural heritage law is critical for the …