Law Commons^™

Masthead

Cybaris®

No abstract provided.

Pocket Castles And Custom Skin: Championing Transparency In The Monetization Of User-Generated Content In Video Games, Jakob Stokes

Cybaris®

No abstract provided.

Virtually Identical: A Case For Maintaining Architectural Copyright Protections In The Metaverse, Stephen Mcpaul

Cybaris®

No abstract provided.

Applying Current Copyright Law To Artificial Intelligence Image Generators In The Context Of Anderson V. Stability Ai, Ltd., Matthew Lindberg

Cybaris®

No abstract provided.

Disharmony In Patent Law: A Comparative Study Of Patent Eligibility Of Biological Subject Matters Between China And The United States, Xiongying Tu

Cybaris®

Disharmonies in intellectual property rights have led countries, like China and the U.S., to implement patent laws tailored to their unique culture, values, and goals while complying with international treaties. China's exclusion of treatment and diagnosis methods from patent protection prioritizes healthcare accessibility, whereas the U.S.'s allowance of patentability fosters medical innovation. Similarly, China's exclusion of animal and plant patentability aligns with cultural and agricultural values, emphasizing resource accessibility and food security. Protecting genetic resources poses challenges, with China aligning its patent law proactively with the CBD principles and the U.S. prioritizing unrestricted access. China's approach to human stem cell …

Legislative Report: Federal Regulations Implementing The Trademark Modernization Act Of 2020, Mark Kallevig

Cybaris®

No abstract provided.

When Inventors Go Bankrupt, Joseph Dietz

Cybaris®

No abstract provided.

Return To A One-Year Robust Grace Period In United States Patent Law, Mark Kallevig

Cybaris®

No abstract provided.

Copyrighting Brain Computer Interface: Where Neuroengineering Meets Intellectual Property Law, Favio Ramirez Caminatti

Cybaris®

No abstract provided.

Much Dispute About Nothing? A Critical Examination Of The Backlash Against Investment Treaty Arbitration In International Intellectual Property Disputes, Andy Taylor

Cybaris®

No abstract provided.

Mickey Mouse – Finally Whistling His Way Into The Public Domain, Holly Lechner

Cybaris®

No abstract provided.

Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn

Cybaris®

No abstract provided.

20 Years Of Trade Secrets Scholarship (2002-2022), Sharon Sandeen

Faculty Scholarship

No abstract provided.

Help Was Not On The Way: Intellectual Property Liability Relief In A Pandemic Era, Kim Vu-Dinh

Faculty Scholarship

On January 21, 2020, the United States recorded its first case of COVID-19. By April of that same year, numerous hospitals across the nation had exhausted entire reserves of personal protective equipment (PPE), with looming uncertainty as to when they would be replenished. As infection numbers increased exponentially, global demand for some types of PPE increased by 1000%.

Volunteers across the nation assembled teams of makers—some professionals, but also scores of amateurs—to craft the critical equipment needed to slow down the onslaught of the pandemic. From creating cloth masks to ventilator pistons, nonprofits and everyday citizens were able to partially …

The Trade Secrecy Standard For Patent Prior Art, Sharon Sandeen, Camilla A. Hrdy

Faculty Scholarship

A fundamental criterion of patentability is that an invention must be new as compared to the prior art—the corpus of preexisting knowledge and technology already available to the public. If an invention is in the prior art, or rendered obvious by it, it cannot be patented.

The U.S. Patent Act has traditionally envisioned a categorical approach for deciding what counts as prior art. Under this approach, courts are supposed to decide whether a particular disclosure about the invention (a reference) falls within one of the categories listed in Section 102 of the Patent Act, such as “described in a printed …

Copyright Law Cannot Copyright Law—Georgia V. Public.Resource.Org Inc., 140 S.Ct. 1498 (2020), Andy Taylor

Mitchell Hamline Law Review

No abstract provided.

Data As The New Oil: A Slippery Slope Of Trade Secret Implications Greased By The California Consumer Privacy Act, Megan Marie Miller

Cybaris®

Following the European model of the General Data Protection Regulation (GDPR), the state of California implemented the California Consumer Privacy Act (CCPA) on January 1, 2020. The CCPA allows any California consumer to demand to see all of the information that a company has saved on them; consumers can also request a full list of all the third parties that their data is shared with, sold to, and for what commercial purpose. This paper reviews the implications of a new law on the disclosure of trade secrets like client lists and algorithms that manipulate consumers’ data. Ultimately, the issue comes …

Infinite Setlist: Analyzing Pioneer Dj’S Catalogue Streaming Partnerships With Beatport And Soundcloud, Nicholas Rivera

Cybaris®

The purpose of this paper is to examine the partnerships Rekordbox has with SoundCloud and Beatport, determine if user agreements of each platform legally allow the partnerships to occur, what the implications are of using the music streaming service for live performances at venues, what the implications are of streaming music for live streamed performances via the internet, satellite radio, and terrestrial radio, and determine which types of copyright royalties need to be paid to who and by whom.

The General Data Protection Regulation And Open Source Software Communities, Amye Scavarda Perrin

Cybaris®

No abstract provided.

Payin’ The Price To Grab A Slice…Of Music! A Guide To Music Licensing For Businesses, Nila Jackson

Cybaris®

This paper provides information that may be useful to people seeking to acquire music licenses for their places of business and is primarily focused on licensing for food and drink establishments. However, other business types that use live or recorded music in their establishments may find the information useful as well. The purpose of this paper is to provide a brief history of copyright law, and an overview of music licensing to give business owners a better understanding of copyright as it relates to public performance.

Independent Filmmaking In The Final Frontier: Intellectual Property Issues With Making Independent Films In Space, Jesse Green

Cybaris®

No abstract provided.

Suggested Improvements To Mandatory Mediation Scheduling During International Trade Commission (Itc) Section 337 Investigations, Jeff Nall

Cybaris®

No abstract provided.

Forcing Creativity: An Analysis Of Chinese Ip Subsidies And How They Should Be Assessed Under Existing International Trade Agreements, Taylor Stemler

Cybaris®

No abstract provided.

A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?, Samuel Scholz

Cybaris®

No abstract provided.

Common Interest Doctrine In Ip Transactions, John C. Reich, Sangki Park

Cybaris®

No abstract provided.

Anything You Can Do, Ai Can't Do Better: An Analysis Of Conception As A Requirement For Patent Inventorship And A Rationale For Excluding Ai Inventors, Kaelyn R. Knutson

Cybaris®

No abstract provided.

Trade Secrets And The Right To Information: A Comparative Analysis Of E.U. And U.S. Approaches To Freedom Of Expression And Whistleblowing, Sharon Sandeen, Ulla-Maija Mylly

Faculty Scholarship

Both the EU Trade Secrets Directive and US trade secret law seek to balance the protection of trade secrets against other values, including freedom of expression, but the EU Trade Secret Directive is more explicit about the need to do so. This article examines EU and US trade secret law through the right to information, a recognized human right under the Universal Declaration of Human Rights and implementing laws and conventions. In particular, it discusses how principles of freedom of expression and whistleblowing should apply in the trade secret context in the EU and U.S.

A Typology Of Disclosure, Sharon Sandeen

Faculty Scholarship

Information and data have always been valuable to businesses, but in the Information Age, as businesses have figured out more ways to commoditize the information and data they possess, there has been a corresponding increase in expressed concerns about the unauthorized “disclosure” of information. Often, these concerns are expressed in absolute terms, as if any unauthorized disclosure of information constitutes an act of unfair competition or theft. The problem is that the common understanding of disclosure, particularly among information owners that seek to restrict access to the information they possess, belies the legal meaning of the term as used in …

Minor Advances, Major Consequences: Hatch-Waxman Administers Exclusivity For Drug Delivery Devices, Taylor Stemler

Mitchell Hamline Law Review

No abstract provided.

Copyright And Human Rights In The Ballroom: A Minuet Between The United States And The Eu, Maria Lillà Montagnani, Alina Trapova

Mitchell Hamline Law Review

No abstract provided.