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Articles 31 - 60 of 77
Full-Text Articles in Law
Patent Venue Exceptionalism After Tc Heartland V. Kraft, Ana Santos Rutschman
Patent Venue Exceptionalism After Tc Heartland V. Kraft, Ana Santos Rutschman
University of Miami Business Law Review
No abstract provided.
Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda
Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda
University of Miami Inter-American Law Review
Today in Brazil, it takes over eleven years to receive legal rights to an invention by means of a patent. This state of affairs provides inadequate intellectual property protection for inventors and businesses, hampering Brazil’s desire to accelerate innovation, entrepreneurship, and economic growth through a national patent system. But a new Joint Agreement between the Government of the United States and the Government of the Federative Republic of Brazil could mean rescue is on the way. Both governments agreed to engage in patent work sharing programs between the two patent offices, in hopes of increased efficiency. Yet, some scholars have …
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
Articles
In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive-but nonetheless underappreciated-tool f or solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.
We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that formal …
Exclusive Groove: How Modern Substantial Similarity Law Invites Attenuated Infringement Claims At The Expense Of Innovation And Sustainability In The Music Industry, Mark Kuivila
University of Miami Law Review
As of 2015, the American entertainment market was worth about $600 billion, and it is projected to substantially exceed that figure in coming years. The global entertainment industry is worth about $2 trillion, meaning the U.S. is responsible for over a quarter of total global entertainment revenue. These statistics illustrate the staggering impact of the American entertainment industry on the global markets for film, television, and music. The American music industry is particularly dominant in its global market, earning half of world-wide sync revenues and accounting for nearly a third of all global music revenue. Entertainment is clearly the United …
A Passion For Fashion: The International Trade Commission Should “Step Up” Its Role In The Enforcement Of Design Patents, Nikki Rigl
University of Miami International and Comparative Law Review
No abstract provided.
Risky Ip, Andres Sawicki
Buying Teams, Andres Sawicki
Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman
Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman
Articles
Cloud computing has revolutionized how society interacts with, and via, technology. Though some early detractors criticized the "cloud" as being nothing more than an empty industry buzzword, we contend that by dovetailing communications and calculating processes for the first time in history, cloud computing is--both practically and legally-a shift in prevailing paradigms. As a practical matter, the cloud brings with it a previously undreamt-of sense of location independence for both suppliers and consumers. And legally, the shift toward deploying computing ability as a service, rather than as a product, represents an evolution to a contractual foundation for interacting.
Already, substantive …
Copyright Freeconomics, John M. Newman
Copyright Freeconomics, John M. Newman
Articles
Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster's rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate among scholars and stakeholders regarding the proper scope and role of copyright law-but this ongoing debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering legitimate content at a price of $0.00.
This sea change has ushered in an era …
Copyright In Teams, Anthony J. Casey, Andres Sawicki
Copyright In Teams, Anthony J. Casey, Andres Sawicki
Articles
Dozens of people worked together to produce Casablanca. But a single person working alone wrote The Sound and the Fury. While almost all films are produced by large collaborations, no great novel ever resulted from the work of a team. Why does the frequency and success of collaborative creative production vary across art forms?
The answer lies in significant part at the intersection of intellectual property law and the theory of the firm. Existing analyses in this area often focus on patent law and look almost exclusively to a property-rights theory of the firm. The implications of organizational …
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
University of Miami International and Comparative Law Review
No abstract provided.
Made In America: Is The Idpppa The Answer To The United States Fashion Industry's Quest For Design Protection?, Courtney Daniels
Made In America: Is The Idpppa The Answer To The United States Fashion Industry's Quest For Design Protection?, Courtney Daniels
University of Miami Business Law Review
No abstract provided.
Better Mistakes In Patent Law, Andres Sawicki
Better Mistakes In Patent Law, Andres Sawicki
Articles
This Article analyzes patent mistakes-that is, mistakes made by the patent system when it decides whether a particular invention has met the patentability requirements. These mistakes are inevitable. Given resource constraints, some might even be desirable. This Article evaluates the relative costs of patent mistakes, so that we can make better ones.
Three characteristics drive the costs of mistakes: their type (false positive or false negative), timing (early or late), and doctrinal basis (utility, novelty, nonobviousness, and so on). These characteristics make some mistakes more troubling than others.
This Article compares the costs of making mistakes of different types, at …
The Google Police: How The Indictment Of The Pirate Bay Presents A New Solution To Internet Piracy, Bernard A. Mantel
The Google Police: How The Indictment Of The Pirate Bay Presents A New Solution To Internet Piracy, Bernard A. Mantel
University of Miami Business Law Review
No abstract provided.
Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman
Articles
No abstract provided.
Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman
Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman
Articles
In 2009, the pseudonymous 'John David California" announced plans for U.S. publication of 6o Years Later: Coming Through the Rye, a "sequel" to JD. Salinger's canonical novel The Catcher in the Rye. Salinger reacted swiftly, bringing a copyright infingement suit to enjoin publication of the new work. The district court granted the injunction, effectively banning U.S. distribution of the sequel and unintentionally illustrating modern copyright law's troubling divergence from the purpose of the constitutional grant of copyright authority to Congress.
Economic analysis demonstrates the tension caused by the repeated, incremental expansion of copyright protections-at some point, the Copyright Act will …
Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz
Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz
University of Miami Business Law Review
No abstract provided.
Has Ebay Spelled The End Of Patent Troll Abuses? Paying The Toll: The Rise (And Fall?) Of The Patent Troll, Gregory D'Incelli
Has Ebay Spelled The End Of Patent Troll Abuses? Paying The Toll: The Rise (And Fall?) Of The Patent Troll, Gregory D'Incelli
University of Miami Business Law Review
No abstract provided.
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens
University of Miami International and Comparative Law Review
No abstract provided.
Repeat Infringement In The Digital Millennium Copyright Act, A. Michael Froomkin
Repeat Infringement In The Digital Millennium Copyright Act, A. Michael Froomkin
Articles
No abstract provided.
United States V. Martignon: The First Case To Rule That The Federal Anti-Bootlegging Statute Is Unconstitutional Copyright Legislation, Michael C. Shue
United States V. Martignon: The First Case To Rule That The Federal Anti-Bootlegging Statute Is Unconstitutional Copyright Legislation, Michael C. Shue
University of Miami Law Review
No abstract provided.
Patent Wars In The Valley Of The Shadow Of Death: The Pharmaceutical Industry, Ethics, And Global Trade, Uché Ewelukwa
Patent Wars In The Valley Of The Shadow Of Death: The Pharmaceutical Industry, Ethics, And Global Trade, Uché Ewelukwa
University of Miami Law Review
No abstract provided.
Changing Invention Economics By Encouraging Corporate Inventors To Sell Patents, William A. Drennan
Changing Invention Economics By Encouraging Corporate Inventors To Sell Patents, William A. Drennan
University of Miami Law Review
No abstract provided.
Proving Dilution, Lee Goldman
When We Say UsTm, We Mean It!, A. Michael Froomkin
Intellectual Property Rights And The Digital Era: Argentina And Brazil, Marcos J. Basso, Adriana C.K. Vianna
Intellectual Property Rights And The Digital Era: Argentina And Brazil, Marcos J. Basso, Adriana C.K. Vianna
University of Miami Inter-American Law Review
No abstract provided.
Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo
Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo
University of Miami Inter-American Law Review
No abstract provided.
How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy
How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy
University of Miami Law Review
No abstract provided.
Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin
Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin
Articles
No abstract provided.
Copyright And Internet Music Transmissions: Existing Law, Major Controversies, Possible Solutions, R. Anthony Reese
Copyright And Internet Music Transmissions: Existing Law, Major Controversies, Possible Solutions, R. Anthony Reese
University of Miami Law Review
No abstract provided.