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Selected Works

2016

Intellectual property

Articles 1 - 15 of 15

Full-Text Articles in Law

Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn Nov 2016

Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn

Sean Flynn

No abstract provided.

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Introduction, Tracy Mitrano Oct 2016

Introduction, Tracy Mitrano

Tracy Mitrano

No abstract provided.

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Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano Oct 2016

Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano

Tracy Mitrano

The San Bernardino iPhone case burst on the scene as I was nearing the completion of this manuscript. I could not have imagined a better scenario to sum up the issues of free speech, privacy, intellectual property and security than this case. Not least because the San Bernardino Apple iPhone case generated considerable public interest and policy debate in the United States and abroad. At stake are issues such as the balance between national security and personal privacy, tensions between global technology companies and domestic law enforcement, and the potential supremacy of technology -- particularly encryption -- over traditional notions …

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Chapter Three: Intellectual Property, Tracy Mitrano Oct 2016

Chapter Three: Intellectual Property, Tracy Mitrano

Tracy Mitrano

No abstract provided.

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Who Gets Paid? Section 365(N) Royalty Payments Under "Zombie Licenses" After A Sale Of Ip, Christopher G. Bradley Aug 2016

Who Gets Paid? Section 365(N) Royalty Payments Under "Zombie Licenses" After A Sale Of Ip, Christopher G. Bradley

Christopher Bradley

This short article discusses the Bankruptcy Code's unusual treatment of certain intellectual property licenses. First, it gives a brief overview of § 365(n) of the Bankruptcy Code. It then provides a short analysis of a difficult but important question: If a licensee of a debtor’s intellectual property opts to retain its license rights under § 365(n), who should receive the stream of licensing payments in the event that the IP is sold: the buyer of the IP, or the debtor in bankruptcy? The answer that has emerged in some of the case law is somewhat surprising -- after providing nuanced …

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The Insurability Of Claims For Restitution, Christopher French May 2016

The Insurability Of Claims For Restitution, Christopher French

Christopher C. French

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)?  This article answers those questions.  It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies.  Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory.  There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be allowed to benefit …

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The Insurability Of Claims For Restitution, Christopher French May 2016

The Insurability Of Claims For Restitution, Christopher French

Christopher C. French

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)?  This article answers those questions.  It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies.  Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory.  There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be allowed to benefit …

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The God Paradox, Joshua A.T. Fairfield May 2016

The God Paradox, Joshua A.T. Fairfield

Joshua A.T. Fairfield

Not available.

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Trademark Intersectionality , Sonia K. Katyal Apr 2016

Trademark Intersectionality , Sonia K. Katyal

Sonia Katyal

Even though most scholars and judges treat intellectual property law as a predominantly content neutral phenomenon, trademark law contains a statutory provision, Section 2(a) that provides for the cancellation of marks that are “disparaging,” “immoral,” or “scandalous,” a provision that has raised intrinsically powerful constitutional concerns. The constitutional tensions surrounding Section 2(a), invariably, affect two central metaphors that are at war within trademark law: the marketplace of goods, which premises itself on the fixedness of intellectual properties, and the marketplace of ideas, which is premised on the very fluidity of language itself. Since the architecture of trademark law focuses only …

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Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal Apr 2016

Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal

Sonia Katyal

No abstract provided.

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Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal Apr 2016

Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal

Sonia Katyal

There has always been a cyclical relationship between the prevention of piracy and the protection of civil liberties. While civil liberties advocates previously warned about the aggressive nature of copyright protection initiatives, more recently, a number of major players in the music industry have eventually ceded to less direct forms of control over consumer behavior. As more aggressive forms of consumer control, like litigation, have receded, we have also seen a rise in more passive forms of consumer surveillance. Moreover, even as technology has developed more perfect means for filtering and surveillance over online piracy, a number of major players …

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Exhausting Patents, Wentong Zheng Mar 2016

Exhausting Patents, Wentong Zheng

Wentong Zheng

A bedrock principle of patent law — patent exhaustion — proclaims that an authorized sale of a patented article exhausts the patentee’s rights with respect to the article sold. Over one hundred and fifty years of case law, however, has produced two conflicting notions of patent exhaustion, one considering exhaustion to be mandatory regardless of whether the patentee subjects the sale to express patent restrictions, and another treating exhaustion as a default rule that applies only in unconditional sales. The uncertainty surrounding the patent exhaustion doctrine casts a significant legal cloud over patent licensing practices in the modern economy and …

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Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams Jan 2016

Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams

Stephen F Ross

This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as …

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Regulatory Property: The New Ip, Robin C. Feldman Dec 2015

Regulatory Property: The New Ip, Robin C. Feldman

Robin C Feldman

For thirty years, a new form of intellectual property has grown up quietly beneath the surface of societal observation. It is a set of government-granted rights that have the quintessential characteristic of intellectual property and other forms of property — that is, the right to exclude others from the territory. 

The impact of this form of IP on the US health care system, in particular, is enormous. In 2014, more than 40% of all new drugs approved by the FDA came through just one of these portals, with the companies collecting regulatory property rights along the way. 

Some forms of …

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Private Technology (Foreword), Daniel Harris Brean Dec 2015

Private Technology (Foreword), Daniel Harris Brean

Daniel Harris Brean

Privacy and technology issues tend to implicate one another. Sometimes they reinforce each other, such as when improved data security thwarts hackers. But often the use of technology diminishes privacy because, in order to benefit from the technology, users must surrender some personal, otherwise private information. In such cases the technology may be powerful, profitable, fun, or convenient, but the privacy consequences of its use can be quite profound.

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