Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 140

Full-Text Articles in Law

Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example Of The European Court Of Human Rights, Christophe Geiger, Elena Izyumenko Jan 2020

Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example Of The European Court Of Human Rights, Christophe Geiger, Elena Izyumenko

Mitchell Hamline Law Review

No abstract provided.


Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall Jan 2020

Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall

Mitchell Hamline Law Review

No abstract provided.


Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala Jan 2020

Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala

Cybaris®

No abstract provided.


That's Fuct: Why The Political Question Doctrine Should Have Barred The Supreme Court From Deciding Iancu V. Brunetti, Jennifer Madaras Jan 2020

That's Fuct: Why The Political Question Doctrine Should Have Barred The Supreme Court From Deciding Iancu V. Brunetti, Jennifer Madaras

Cybaris®

No abstract provided.


The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston Jan 2020

The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston

Cybaris®

No abstract provided.


Jason’S Long Night At Camp Blood: Surveying The Independent Copyrightability Of Jason Voorhees In The Wake Of Horror Inc. V. Miller, Tim Kelly Jan 2019

Jason’S Long Night At Camp Blood: Surveying The Independent Copyrightability Of Jason Voorhees In The Wake Of Horror Inc. V. Miller, Tim Kelly

Cybaris®

No abstract provided.


Cybaris® Introduction - In Memoriam, Cybaris® Staff Jan 2019

Cybaris® Introduction - In Memoriam, Cybaris® Staff

Cybaris®

No abstract provided.


Creating A National Data Privacy Law For The United States, Shaun G. Jamison Jan 2019

Creating A National Data Privacy Law For The United States, Shaun G. Jamison

Cybaris®

No abstract provided.


Weed The People: Trademarking Rights In The Marijuana Industry, Ryan Christen Jan 2019

Weed The People: Trademarking Rights In The Marijuana Industry, Ryan Christen

Cybaris®

No abstract provided.


What Protections Are Available To Graffiti Artists?, Molly Lamovec Jan 2019

What Protections Are Available To Graffiti Artists?, Molly Lamovec

Cybaris®

No abstract provided.


To Be, Or Not To Be: The Potential Consequences Of Granting Copyright Protection For Stage Directions, Laura Temme Jan 2018

To Be, Or Not To Be: The Potential Consequences Of Granting Copyright Protection For Stage Directions, Laura Temme

Cybaris®

No abstract provided.


The World Trade Organizations' Trade Related Aspects Of Intellectual Property Rights (Trips) Agreement: The Compelling Challenges For Developing And Less Developed Member Countries-Implementation And Enforcement, Alphonso B. Kassor Jan 2018

The World Trade Organizations' Trade Related Aspects Of Intellectual Property Rights (Trips) Agreement: The Compelling Challenges For Developing And Less Developed Member Countries-Implementation And Enforcement, Alphonso B. Kassor

Cybaris®

No abstract provided.


The Erie/Sears/Compco Squeeze: Erie’S Effects On Unfair Competition And Trade Secret Law, Sharon Sandeen Jan 2018

The Erie/Sears/Compco Squeeze: Erie’S Effects On Unfair Competition And Trade Secret Law, Sharon Sandeen

Faculty Scholarship

On the occasion of the 80th anniversary of the Supreme Court's famous decision in Erie Railroad v. Tompkins, this article explores the consequences of that decision on the development of unfair competition law in the United States. It details efforts by lawyers and legislators to grapple with those consequences and provides an overview of the evolution of unfair competition law in the U.S. since Erie, with a particular focus on trade secret law.


Declining Student Interest In Patent Law Reflects Declining Job Opportunities: How The Weakening Of The United States Patent System Weakened The Patent Law Profession, Patricia A. Martone Jan 2018

Declining Student Interest In Patent Law Reflects Declining Job Opportunities: How The Weakening Of The United States Patent System Weakened The Patent Law Profession, Patricia A. Martone

Cybaris®

No abstract provided.


The Supreme Court Puts The Brakes On Cuozzo Speed Technologies: Investigating The Intersection Of Administrative Law And The Judiciary, Jason Kuchar Jan 2018

The Supreme Court Puts The Brakes On Cuozzo Speed Technologies: Investigating The Intersection Of Administrative Law And The Judiciary, Jason Kuchar

Cybaris®

No abstract provided.


Set Your Settings On Private? Copyright In Era Of Social Media Usage, Maddie Wagner Jan 2018

Set Your Settings On Private? Copyright In Era Of Social Media Usage, Maddie Wagner

Cybaris®

No abstract provided.


Good Times Bad Times For The Music Industry: "If The Levee Breaks" It Might Leave Musicians "Dazed And Confused", Nathaniel J. Ajouri Jan 2018

Good Times Bad Times For The Music Industry: "If The Levee Breaks" It Might Leave Musicians "Dazed And Confused", Nathaniel J. Ajouri

Cybaris®

No abstract provided.


Patent Jobs And The Myth Of The Employment Hypothesis, Kenneth L. Port, Lucas Hjelle, Molly Litman Jan 2018

Patent Jobs And The Myth Of The Employment Hypothesis, Kenneth L. Port, Lucas Hjelle, Molly Litman

Cybaris®

No abstract provided.


The Fda's Priority Review Voucher Program's Role In Bringing Benznidazle To Chagas Disease Patients In The United States, Lisa Cline Jan 2018

The Fda's Priority Review Voucher Program's Role In Bringing Benznidazle To Chagas Disease Patients In The United States, Lisa Cline

Cybaris®

No abstract provided.


What Is Useful And Novel? The Collision Between Intellectual Property Protection And Regulation Regarding Medical Devices, James Sutherland Jan 2018

What Is Useful And Novel? The Collision Between Intellectual Property Protection And Regulation Regarding Medical Devices, James Sutherland

Cybaris®

No abstract provided.


The India Patent System: A Decade In Review, Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani, Jay Erstling Jan 2017

The India Patent System: A Decade In Review, Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani, Jay Erstling

Cybaris®

No abstract provided.


When Individual Rights Should Tackle Unfair Commercialization: How The Transformative Use Test Should Be Tailored To Meet Evolving Technological Needs In Right Of Publicity Cases, Caitlin Kowalke Jan 2017

When Individual Rights Should Tackle Unfair Commercialization: How The Transformative Use Test Should Be Tailored To Meet Evolving Technological Needs In Right Of Publicity Cases, Caitlin Kowalke

Cybaris®

No abstract provided.


Toward A Federal Jurisprudence Of Trade Secret Law, Sharon Sandeen, Christopher B. Seaman Jan 2017

Toward A Federal Jurisprudence Of Trade Secret Law, Sharon Sandeen, Christopher B. Seaman

Faculty Scholarship

The May 2016 enactment of the Defend Trade Secrets Act of 2016 (DTSA), which created a new federal civil cause of action for trade secret misappropriation, raises a host of issues that federal courts will have to consider under their original subject matter jurisdiction, rather than applying state law through the courts’ diversity jurisdiction. This means that for the first time, an extensive body of federal jurisprudence will be developed to govern the civil protection and enforcement of trade secrets in the United States. In addition, due to the DTSA’s changes to the existing federal criminal law governing trade secrets, …


Revising Racial Patents In An Era Of Precision Medicine, Jonathan Kahn Jan 2017

Revising Racial Patents In An Era Of Precision Medicine, Jonathan Kahn

Faculty Scholarship

In 2006, I published an article examining the rising use of racial categories in biomedical patents in the aftermath of the successful completion of the Human Genome Project and the production of the first draft of a complete human genome. Ten years on, it now seems time to revisit the issue and consider it in light of the current era of “Precision Medicine” so prominently promoted by President Obama in his 2015 State of the Union address where he announced a $215 million proposal for the Precision Medicine Initiative as “a bold new research effort to revolutionize how we improve …


The Myth Of Uniformity In Ip Laws, Sharon Sandeen Jan 2017

The Myth Of Uniformity In Ip Laws, Sharon Sandeen

Faculty Scholarship

When Congress enacts federal laws, it is often because of the asserted benefits of a “uniform” law and the, often unspoken, assumption that federal laws are somehow more uniform than uniform state laws. In fact, the uniformity argument was a primary justification for the enactment of both the Defend Trade Secrets Act of 2016 and the EU Trade Secret Directive.

The quest for uniformity, particularly with respect to laws that relate to intellectual property rights, is an old story in the United States. During the drafting of the U.S. Constitution, the existence of inconsistent state laws was a central reason …


The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port Jan 2017

The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port

Faculty Scholarship

This article is an explication of the trend toward commodification of famous or putatively famous trademarks and the resultant urging that the FTDA be repealed. This article starts with a literature review showing that the vast majority of commentators have been severely critical of the FTDA. This has been ignored by Congress. The article next pursues Congress's blind support of the FTDA and suggests that more thought and analysis from Congress is still required. The article next explains the data regarding FTDA claims. All reported cases from 1996 through 2015 are coded and examined. The conclusion, looking at the data, …


How South Korea's Improper Solicitation And Graft Act (Kim Young-Ran Act) Can Help Protect Us Trade Secrets, Lana Rask Jan 2017

How South Korea's Improper Solicitation And Graft Act (Kim Young-Ran Act) Can Help Protect Us Trade Secrets, Lana Rask

Cybaris®

No abstract provided.


Stop Letting Wine Crash The Wedding: Craft Beer Consumers Are Sophisticated Buyers, Justin P. Weinberg, O. Joseph Balthazor Jr. Jan 2017

Stop Letting Wine Crash The Wedding: Craft Beer Consumers Are Sophisticated Buyers, Justin P. Weinberg, O. Joseph Balthazor Jr.

Cybaris®

No abstract provided.


Understanding The Role Of Prosecution History Through Linguistics, Zachary Herman Jan 2017

Understanding The Role Of Prosecution History Through Linguistics, Zachary Herman

Cybaris®

No abstract provided.


The Plague Of Fake News And The Intersection With Trademark, Joshua Humphrey Jan 2017

The Plague Of Fake News And The Intersection With Trademark, Joshua Humphrey

Cybaris®

No abstract provided.