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

Law Commons

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

Series

Intellectual Property Law

Institution
Keyword
Publication Year
Publication
File Type

Articles 1 - 30 of 3718

Full-Text Articles in Law

The Intellectual Property Of Covid-19, Ana Santos Rutschman Jan 2021

The Intellectual Property Of Covid-19, Ana Santos Rutschman

All Faculty Scholarship

The response to COVID-19 is indissolubly tied to intellectual property. In an increasingly globalized world in which infectious disease pathogens travel faster and wider than before, the development of vaccines, treatments and other forms of medical technology has become an integral part of public health preparedness and response frameworks. The development of these technologies, and to a certain extent the allocation and distribution of resulting outputs, is informed by intellectual property regimes. These regimes influence the commitment of R&D resources, shape scientific collaborations and, in some cases, may condition the widespread availability of emerging technologies. As seen throughout this ...


Intellectual Property As A Determinant Of Health, Ana Santos Rutschman Jan 2021

Intellectual Property As A Determinant Of Health, Ana Santos Rutschman

All Faculty Scholarship

Public health literature has long recognized the existence of determinants of health, a set of socio-economic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however ...


Current Market Rates For Scholarly Publishing Services, Alexander Grossman, Björn Brembs Jan 2021

Current Market Rates For Scholarly Publishing Services, Alexander Grossman, Björn Brembs

Copyright, Fair Use, Scholarly Communication, etc.

For decades, the supra-inflation increase of subscription prices for scholarly journals has concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, the prices for open access publishing are also high and are rising well beyond inflation. What has been missing from the public discussion so far is a quantitative approach to determine the actual costs of efficiently publishing a scholarly article using state-of-the-art technologies, such that informed decisions can be made as to appropriate price levels. Here we provide a granular, step-by-step calculation of the ...


Copyright Silencing, Cathay Y. N. Smith Jan 2021

Copyright Silencing, Cathay Y. N. Smith

Faculty Law Review Articles

Copyright has been weaponized to suppress speech,1 frustrate competition,2 punish third parties,3 and silence criticism and erase facts.4 This Essay highlights one form of copyright weaponization I call “copyright silencing.” Copyright silencing is a form of copyright weaponization where owners assert copyrights to silence criticism or suppress facts instead of to protect copyright owners’ legitimate interests5 in their works. This Essay identifies recent or notable instances of copyright silencing, examines the harm copyright silencing perpetrates, and explains why it is increasingly difficult to stop the assertion of copyright to silence, suppress, and censor facts, information, and ...


Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused Dec 2020

Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused

Articles & Chapters

No abstract provided.


Open Access: “Information Wants To Be Free”?, Richard Poynder Dec 2020

Open Access: “Information Wants To Be Free”?, Richard Poynder

Copyright, Fair Use, Scholarly Communication, etc.

The main points made in this document:

- Internet mantras like information wants to be free misled OA advocates about what is possible in an online world. Amongst other things, these mantras led to the mistaken belief that publishing would be very much cheaper on the internet.

- BOAI was intended to achieve three things: to resolve the longstanding problems of affordability, accessibility, and equity that have long dogged scholarly communication.

- It now seems unlikely that the affordability and equity problems will be resolved, which will impact disproportionately negatively on those in the Global South. And if the geopolitical situation worsens,solving ...


Economic Analyses Of Federal Scientific Collections: Methods For Documenting Costs And Benefits, David E. Schindel, Economic Study Group Of The Interagency Working Group On Scientific Collections Nov 2020

Economic Analyses Of Federal Scientific Collections: Methods For Documenting Costs And Benefits, David E. Schindel, Economic Study Group Of The Interagency Working Group On Scientific Collections

Copyright, Fair Use, Scholarly Communication, etc.

Federal object-based scientific collections have been created to serve agency missions and, in a few cases, to comply with legislative and regulatory mandates. “Project collections” (those managed by the researchers who obtained them for restricted use) and their costs and benefits were considered too varied for standard methodologies that assess costs and benefits. In a few cases, departments and agencies are required by legislation or regulations to retain objects in long-term “institutional collections.” In most cases, decisions to retain objects are based on long-term costs relative to the perceived potential for benefits to taxpayers. Federal collections vary in their philosophies ...


Antitrust And Platform Monopoly, Herbert J. Hovenkamp Nov 2020

Antitrust And Platform Monopoly, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Are large digital platforms that deal directly with consumers “winner take all,” or natural monopoly, firms? That question is surprisingly complex and does not produce the same answer for every platform. The closer one looks at digital platforms the less they seem to be winner-take-all. As a result, competition can be made to work in most of them. Further, antitrust enforcement, with its accommodation of firm variety, is generally superior to any form of statutory regulation that generalizes over large numbers.

Assuming that an antitrust violation is found, what should be the remedy? Breaking up large firms subject to extensive ...


"Fair Use" Through Fundamental Rights In Europe: When Freedom Of Artistic Expression Allows Creative Appropriations And Opens Up Statutory Copyright Limitations, Christophe Geiger Nov 2020

"Fair Use" Through Fundamental Rights In Europe: When Freedom Of Artistic Expression Allows Creative Appropriations And Opens Up Statutory Copyright Limitations, Christophe Geiger

Joint PIJIP/TLS Research Paper Series

This chapter discusses the evolution in jurisprudential understanding of the relationship between copyright and freedom of artistic expression in the European Union. It demonstrates how courts in France and several other EU member states have accepted a “fair use” approach that applies fundamental rights as external limitations to copyright law, in compliance with the case law of the European Court of Human Rights but contrasting with the recent conflicting position of the Court of Justice of the European Union. The chapter first analyses the application of freedom of artistic expression to copyright law on a case-by-case basis and shows that ...


Competitive Harm From Vertical Mergers, Herbert J. Hovenkamp Oct 2020

Competitive Harm From Vertical Mergers, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The antitrust enforcement Agencies' 2020 Vertical Merger Guidelines introduce a nontechnical application of bargaining theory into the assessment of competitive effects from vertical acquisitions. The economics of such bargaining is complex and can produce skepticism among judges, who might regard its mathematics as overly technical, its game theory as excessively theoretical or speculative, or its assumptions as unrealistic.

However, we have been there before. The introduction of concentration indexes, particularly the HHI, in the Merger Guidelines was initially met with skepticism but gradually they were accepted as judges became more comfortable with them. The same thing very largely happened again ...


Copyright, Andrea Wallace Oct 2020

Copyright, Andrea Wallace

Copyright, Fair Use, Scholarly Communication, etc.

Copyright is intended to incentivize the production of new creative works and protect authors’ connection to them. In return, the author receives exclusive rights over the creative work and can commercialize or release them for various uses. Once the copyright expires, these works pass into the public domain and can be used by anyone to produce new creative works and knowledge.

GLAMs (Galleries, Archives, Libraries, and Museums) protect, preserve, and extend access to these works (and many other materials) for the appreciation of current and future generations. This is often facilitated today by digitizing collections and making them available online ...


The Domestic Effect Of South Africa's Treaty Obligations: The Right To Education And The Copyright Amendment Bill, Sanya Samtani Oct 2020

The Domestic Effect Of South Africa's Treaty Obligations: The Right To Education And The Copyright Amendment Bill, Sanya Samtani

Joint PIJIP/TLS Research Paper Series

On 16 June 2020, the President of South Africa returned the Copyright Amendment Bill [B-13 of 2017] to Parliament, expressing reservations regarding its constitutionality and compliance with international law. In this paper, I describe the constitutional implications of compliance with international law and the binding international obligations incumbent upon South Africa in respect of copyright and international human rights law. In doing so, I argue that the Bill of Rights acts as a magnet, compelling all organs of state to give greater normative weight to those international obligations that map onto the Bill of Rights as compared to those that ...


"An Hundred Stories In Ten Days": Covid-19 Lessons For Culture, Learning And Copyright Law, Carys J. Craig, Bob Tarantino Oct 2020

"An Hundred Stories In Ten Days": Covid-19 Lessons For Culture, Learning And Copyright Law, Carys J. Craig, Bob Tarantino

Joint PIJIP/TLS Research Paper Series

In the face of a pandemic, copyright law may seem a frivolous concern; but its importance lies in the ever-expanding role that it plays in either enabling or constraining the kinds of communicative activities that are critical to a flourishing life. In this article, we reflect on how the cultural and educative practices that have burgeoned under quarantine conditions shed new light on a longstanding problem: the need to recalibrate the copyright system to better serve its purposes in the face of changing social and technological circumstances. We begin by discussing how copyright restrictions have manifested in a variety of ...


Equitable Defenses In Patent Law, Christa J. Laser Oct 2020

Equitable Defenses In Patent Law, Christa J. Laser

Law Faculty Articles and Essays

In patent law, “unenforceability” can have immense consequences. At least five equitable doctrines make up the defense of “unenforceability” as it was codified into the Patent Act in 1952: laches; estoppel; unclean hands; patent misuse; and according to some, inequitable conduct. Yet in the seventy years since incorporation of equitable defenses into the patent statute, the Supreme Court has not clarified their reach. Indeed, twice in the last four years, the Supreme Court avoided giving complete guidance on the crucial questions of whether, and when, such equitable defenses are available to bar damages in cases brought at law.

Several interpretive ...


The State Of Altmetrics: A Tenth Anniversary Celebration, Kathy Christian, Euan Adie, Gemma Derrick, Fereshteh Didegah, Paul Groth, Cameron Neylon, Jason Priem, Shenmeng Xu, Zohreh Zahedi, Yin-Leng Theng, Saeed-Ul Hassan, Naif R. Aljohani, Timothy D. Bowen, Vanesh M. Patel, Robin Haunschild, Lutz Bornmann, Mike Taylor, Liesa Ross, Stacy Konkiel Oct 2020

The State Of Altmetrics: A Tenth Anniversary Celebration, Kathy Christian, Euan Adie, Gemma Derrick, Fereshteh Didegah, Paul Groth, Cameron Neylon, Jason Priem, Shenmeng Xu, Zohreh Zahedi, Yin-Leng Theng, Saeed-Ul Hassan, Naif R. Aljohani, Timothy D. Bowen, Vanesh M. Patel, Robin Haunschild, Lutz Bornmann, Mike Taylor, Liesa Ross, Stacy Konkiel

Copyright, Fair Use, Scholarly Communication, etc.

Altmetric’s mission is to help others understand the influence of research online.We collate what people are saying about published research in sources such as the mainstream media, policy documents, social networks, blogs, and other scholarly and non-scholarly forums to provide a more robust picture of the influence and reach of scholarly work. Altmetric works with some of the biggest publishers, funders, businesses and institutions around the world to deliver this data in an accessible and reliable format.

Contents

Altmetrics, Ten Years Later, Euan Adie (Altmetric (founder) & Overton)

Reflections on Altmetrics, Gemma Derrick (University of Lancaster), Fereshteh Didegah (Karolinska ...


Good Faith In Canadian Trademark Applications, David Vaver Oct 2020

Good Faith In Canadian Trademark Applications, David Vaver

Articles & Book Chapters

On June 17, 2019, a new ground of trademark invalidation and opposition took effect in Canada: that “an application [for registration] was filed in bad faith.” This cryptic provision was enacted in 2018 to modify the package of 2014 amendments to the Trademarks Act that, when proclaimed into effect in 2019, radically changed Canada’s trademark system by allowing for the first time the registration of trademarks without evidence of use.

This Comment explores why the bar on bad faith applications was enacted and how it may work in practice.


District Court: Final Order (2020), Orinda Evans Sep 2020

District Court: Final Order (2020), Orinda Evans

Georgia State University Copyright Lawsuit

No abstract provided.


Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn Sep 2020

Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn

Joint PIJIP/TLS Research Paper Series

No abstract provided.


Preserving An Independent Judiciary In Turbulent Times, Kathleen M. O'Malley Sep 2020

Preserving An Independent Judiciary In Turbulent Times, Kathleen M. O'Malley

Stanley H. Mervis Lecture

No abstract provided.


The Meaning Of Mcdonald's [(R)], Laura A. Heymann Sep 2020

The Meaning Of Mcdonald's [(R)], Laura A. Heymann

Popular Media

No abstract provided.


Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn Sep 2020

Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn

Copyright, Fair Use, Scholarly Communication, etc.

The preservation of the scholarly record has been a point of concern since the beginning of knowledge production. With print publications, the responsibility rested primarily with librarians, but the shift towards digital publishing and, in particular, the introduction of open access (OA) have caused ambiguity and complexity. Consequently, the long-term accessibility of journals is not always guaranteed, and they can even disappear from the web completely. The purpose of this exploratory study is to systematically study the phenomenon of vanished journals, something that has not been done before. For the analysis, we consulted several major bibliographic indexes, such as Scopus ...


The Ip Law Book Review, V.10 #1, William T. Gallagher, Samuel F. Ernst Sep 2020

The Ip Law Book Review, V.10 #1, William T. Gallagher, Samuel F. Ernst

Intellectual Property Law

LANDMARK CASES IN INTELLECTUAL PROPERTY LAW, edited by Jose Bellido. Reviewed by Maurizio Borghi, Centre for Intellectual Property Policy & Management (CIPPM), Bournemouth University.

UNITED STATES V. APPLE: COMPETITION IN AMERICA by Chris Sagers. Reviewed by Shubha Ghosh, Syracuse University College of Law. A response is given by Professor Sagers following the review.

PATENT REMEDIES AND COMPLEX PRODUCTS: TOWARD A GLOBAL CONSENSUS, edited by C. Bradford Biddle, Jorge. L. Contreras, Brian J. Love, and Norman V. Siebrasse. Reviewed by Bernard Chao, University of Denver Sturm College of Law.


Rethinking Copyright's Relationship To The First Amendment, Alfred C. Yen Sep 2020

Rethinking Copyright's Relationship To The First Amendment, Alfred C. Yen

Boston College Law School Faculty Papers

This Article offers a new account of copyright’s relationship to the First Amendment. Until now, discourse about copyright and the First Amendment appears focused on applying a single standard of review. The Supreme Court has effectively taken the position that courts need only apply rational basis First Amendment scrutiny to copyright law. Some scholars have disagreed, arguing that intermediate scrutiny should be applied to all of copyright. By contrast, this Article argues that the proper level of First Amendment scrutiny depends on the type of copyright provision under review. In particular, courts should apply strict scrutiny to the few ...


Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones Sep 2020

Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

There is a growing consensus that we are at the start of a fourth industrial revolution, driven by developments in Artificial Intelligence, machine learning, robotics, the Internet of Things, 3-D printing, nanotechnology, biotechnology, 5G, new forms of energy storage and quantum computing. This wave of technical innovations is already having a significant impact on how research is conducted, with dramatic change across research methods in recent years within some disciplines, as this project’s interim report set out.

Whilst there are a wide range of technologies associated with the fourth industrial revolution, this report primarily seeks to understand ...


Open Access: An Analysis Of Publisher Copyright And Licensing Policies In Europe, 2020, Chris Morrison, Jane Secker, Brigitte Vézina,, Ignasi Labastida I Juan, Vanessa Proudman Sep 2020

Open Access: An Analysis Of Publisher Copyright And Licensing Policies In Europe, 2020, Chris Morrison, Jane Secker, Brigitte Vézina,, Ignasi Labastida I Juan, Vanessa Proudman

Copyright, Fair Use, Scholarly Communication, etc.

This report investigates the copyright retention policy amongst publishers, self-archiving policies and records publisher policies on open licensing, also as relating to the Plan S requirements on rights and licensing. It should be understood as a snapshot in time informing on the current policy status. It also provides policy development guidance to funders, institutions, publishers and their authors for positive change towards immediate OA.

Over the past decade, Europe has seen a significant growth in activity to establish and advance Open Access (OA) policies, this includes the relatively recent formation of the funder coalition, cOAlition S, and its Plan S ...


The State Of Journal Production And Access 2020: Report On Survey Of Society And University Publishers Aug 2020

The State Of Journal Production And Access 2020: Report On Survey Of Society And University Publishers

Copyright, Fair Use, Scholarly Communication, etc.

“The State of Journal Production and Access” survey ran between March and June 2020 and received 63 responses from individuals working with academic organizations that publish one or more peer-reviewed journals independently (i.e., not outsourced to a separate publisher). The survey encompassed questions in two areas: 1. journal production, including article formatting, layout, and metadata tagging practices and priorities; and 2. journal access, including publishers’ current access and funding models as well as respondents’ perceptions of the viability of alternate options. Among the main findings on the topic of journal production were: • Less than half of publishers surveyed reported ...


Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin Aug 2020

Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin

Open Educational Resources

Technology has changed dramatically over the last couple of decades. Currently, virtually all business industries are powered by large quantities of data. The potential as well as actual uses of business data, which oftentimes includes personal user data, raise complex issues of informed consent and data protection. This course will explore many of these complex issues, with the goal of guiding students into thinking about tech policy from a broad ethical perspective as well as preparing students to responsibly conduct themselves in different areas and industries in a world growingly dominated by technology.


A List Of Zea Books, Published By University Of Nebraska-Lincoln Libraries, Zea Books Aug 2020

A List Of Zea Books, Published By University Of Nebraska-Lincoln Libraries, Zea Books

Copyright, Fair Use, Scholarly Communication, etc.

94 published titles (2005-2020), plus 1 forthcoming this fall.

Zea Books are produced by the Office of Scholarly Communications, and published by the University of Nebraska-Lincoln Libraries.

With links to online pdf editions and Lulu.com print-on-demand online storefront.

Zea Books are online at https://digitalcommons.unl.edu/zeabook/

Print-on-demand editions are available @ http://www.lulu.com/spotlight/unllib


Federal Judge Seeks Patent Cases, Jonas Anderson, Paul Gugliuzza Aug 2020

Federal Judge Seeks Patent Cases, Jonas Anderson, Paul Gugliuzza

Working Papers

Imagine the following advertisement popping up on Craigslist: "FEDERAL JUDGE SEEKS PATENT CASES! (Waco) — Former patent litigator, recently appointed to the U.S. District Court for the Western District of Texas, longs for the intellectual challenge of a good patent fight. Can promise special procedural rules, efficient discovery, and speedy trials. Dismissal, stay, or transfer of case extremely unlikely. File in Waco and get the patent court you've always dreamed of!"That probably seems bizarre. Still — and startlingly — it accurately portrays what’s happening right now in the Western District of Texas. One judge, appointed to the court less ...


Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl Aug 2020

Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl

Faculty Scholarship at Penn Law

University technology transfer offices (TTOs) are the gatekeepers to groundbreaking innovations sparked in research laboratories around the U.S. With a business model reliant on patenting and licensing out for commercialization, TTOs were positioned for upheaval when the America Invents Act (AIA) transformed U.S. patent law in 2011. Now almost ten years later, this article examines the AIA’s actual effects on this patent-centric industry. It focuses on the five key areas of most interest to TTOs: i) first to file priority; ii) broadening of the universe of prior art; iii) carve-out to the prior commercial use defense; iv ...