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2018

Intellectual Property Law

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Articles 1 - 30 of 199

Full-Text Articles in Law

Essentials Of A Publication Agreement, Stephen Wolfson, Mariann Burright Dec 2018

Essentials Of A Publication Agreement, Stephen Wolfson, Mariann Burright

Presentations

This session will focus on authors' rights and publishing contracts. When academic publishers agree to publish academic works, they require the authors to sign agreements before doing so. In the past, these “agreements” – contracts, by another name – often have contained provisions that primarily benefit the publishers, including assigning intellectual property rights in the works to the publishers and limiting authors’ abilities to use their works after transferring their rights. Faculty authors often ask librarians for their guidance on how to read and negotiate publication agreements. As such, this session will discuss common provisions found in publishing contracts to help clarify ...


Green Technology Diffusion: A Post-Mortem Analysis Of The Eco-Patent Commons, Jorge L. Contreras, Bronwyn H. Hall, Christian Helmers Dec 2018

Green Technology Diffusion: A Post-Mortem Analysis Of The Eco-Patent Commons, Jorge L. Contreras, Bronwyn H. Hall, Christian Helmers

Utah Law Faculty Scholarship

We revisit the effect of the “Eco-Patent Commons” (EcoPC) on the diffusion of patented environmentally friendly technologies following its discontinuation in 2016, using both participant survey and data analytic evidence. Established in January 2008 by several large multinational companies, the not-for-profit initiative provided royalty-free access to 248 patents covering 94 “green” inventions. Hall and Helmers (2013) suggested that the patents pledged to the commons had the potential to encourage the diffusion of valuable environmentally friendly technologies. Our updated results now show that the commons did not increase the diffusion of pledged inventions, and that the EcoPC suffered from several structural ...


Juries In U.S. Patient Cases: A Comparative Portrait Of The Boundaries Of Democracy, Neil M. Browne, Nancy K. Kubasek, Alex Q. Jacobs Dec 2018

Juries In U.S. Patient Cases: A Comparative Portrait Of The Boundaries Of Democracy, Neil M. Browne, Nancy K. Kubasek, Alex Q. Jacobs

Economics Faculty Publications

No abstract provided.


Neuromarks, Mark Bartholomew Dec 2018

Neuromarks, Mark Bartholomew

Journal Articles

This Article predicts trademark law’s impending neural turn. A growing legal literature debates the proper role of neuroscientific evidence. Yet outside of criminal law, analysis of neuroscientific evidence in the courtroom has been lacking. This is a mistake given that most of the applied research into brain function focuses on building better brands, not studies of criminal defendants’ grey matter. Judges have long searched for a way to measure advertising’s psychological hold over consumers. Advertisers already use brain imaging to analyze a trademark’s ability to stimulate consumer attention, emotion, and memory. In the near future, businesses will ...


Prophylactic Merger Policy, Herbert J. Hovenkamp Dec 2018

Prophylactic Merger Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there ...


Annual Report Fy 2018, Office Of Scholarly Communications, University Of Nebraska–Lincoln Libraries, Paul Royster, Sue A. Gardner, Margaret Mering, Linnea Fredrickson Dec 2018

Annual Report Fy 2018, Office Of Scholarly Communications, University Of Nebraska–Lincoln Libraries, Paul Royster, Sue A. Gardner, Margaret Mering, Linnea Fredrickson

Copyright, Fair Use, Scholarly Communication, etc.

Highlights include hosting the ACRL Scholarly Communications Roadshow, joining the National Library of Medicine’s PubMed Link-out program, the Gerald Hodges Intellectual Freedom Chapter Relations Award from the American Library Association, institutional repository deposits and traffic, journals published, Zea Books published, conferences, presentations, publications, staffing notes, and student workers.


Copyright And The Single Work, Laura A. Heymann Nov 2018

Copyright And The Single Work, Laura A. Heymann

Popular Media

No abstract provided.


What's In A Licensing Agreement?, Stephen Wolfson, Mariann Burright Nov 2018

What's In A Licensing Agreement?, Stephen Wolfson, Mariann Burright

Presentations

Now that you know the foundations of enforceable contracts, and want to have more familiarity with some nuts and bolts of contract language to become a better negotiator for your institutions, you will want to take this second webinar.
Participants will learn:
• What are the basic provisions or clauses of a contract?
• What do these provisions obligate my institution to do?
• What do these provisions obligate the other party to do?
• What rights does my institution have if the other party breaks its obligations?


Ereserves, Annotations, And Registration: Copyright At The 11th Circuit, Stephen Wolfson Nov 2018

Ereserves, Annotations, And Registration: Copyright At The 11th Circuit, Stephen Wolfson

Presentations

This presentation discusses eReserves, the 11th circuit and copyright issues surrounding the Georgia State University case heard by Judge Evans in 2008.


Relx Referral To Eu Competition Authority, Jonathan Tennant, Björn Brembs Nov 2018

Relx Referral To Eu Competition Authority, Jonathan Tennant, Björn Brembs

Copyright, Fair Use, Scholarly Communication, etc.

We believe that Elsevier and other major publishers are continuing to engage in anti-competitive practices, which are continuously worsening, and that information gained in the last 15 years urges immediate investigation and intervention into this unregulated market space. This could be, for example, through an empirical analysis of the scholarly publishing market; by having an independent regulatory body monitoring and overseeing the digital services provided by Elsevier and others within the industry; banning the use of non-disclosure clauses in licensing contracts; requiring transparency into the production costs of research articles and publishing operations; banning the use of inappropriate journal-level metrics ...


Intellectual Property In Experience, Madhavi Sunder Nov 2018

Intellectual Property In Experience, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.

Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that ...


Will Delaware Be Different? An Empirical Study Of Tc Heartland And The Shift To Defendant Choice Of Venue, Ofer Eldar, Neel U. Sukhatme Nov 2018

Will Delaware Be Different? An Empirical Study Of Tc Heartland And The Shift To Defendant Choice Of Venue, Ofer Eldar, Neel U. Sukhatme

Georgetown Law Faculty Publications and Other Works

Why do some venues evolve into litigation havens while others do not? Venues might compete for litigation for various reasons, like enhancing their judges’ prestige and increasing revenues for the local bar. This competition is framed by the party that chooses the venue. Whether plaintiffs or defendants primarily choose venue is crucial because, we argue, the two scenarios are not symmetrical.

The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods LLC illustrates this dynamic. There, the Court effectively shifted venue choice in many patent infringement cases from plaintiffs to corporate defendants. We use TC Heartland to ...


Library Publishing Directory 2019, Library Publishing Coalition, Melanie Schlosser, Alexandra Hoff, Jessica Kirschner, Janet Swatscheno, Robert Browder, Tom Bielavitz Nov 2018

Library Publishing Directory 2019, Library Publishing Coalition, Melanie Schlosser, Alexandra Hoff, Jessica Kirschner, Janet Swatscheno, Robert Browder, Tom Bielavitz

Copyright, Fair Use, Scholarly Communication, etc.

Contents: Introduction vii * Library Publishing Coalition Committees xi *

LIBRARIES IN THE UNITED STATES AND CANADA * Abilene Christian University * American Theological Library Association * Asbury Theological Seminary * Ball State University * Bates College * Boston College * Brigham Young University * Butler University * California State University, Northridge * Claremont Colleges Library * Colby College * Columbia University * Dartmouth College * Embry-Riddle Aeronautical University * Florida Atlantic University * Florida International University * Florida State University * George Mason University * Georgetown University * Georgia Gwinnett College * Grand Valley State University * Gustavus Adolphus College * Humboldt State University * Illinois Wesleyan University * Indiana University Bloomington * Iowa State University * IUPUI * James Madison University * Kansas State University * Kennesaw State University * Linfield ...


What We Don't See When We See Copyright As Property, Jessica Litman Nov 2018

What We Don't See When We See Copyright As Property, Jessica Litman

Articles

For all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses so as to maximise their own revenue while shrinking their pay-outs to authors. Copyright scholars have tended to treat this point superficially, because – as lawyers – we take for granted that copyrights are property; property rights are freely alienable; and the grantee of a property right stands in the shoes of the original holder. I compare the 1710 Statute of Anne, which created statutory ...


17th Annual Recent Developments In Ip Law And Policy Conference, William T. Gallagher Oct 2018

17th Annual Recent Developments In Ip Law And Policy Conference, William T. Gallagher

Intellectual Property Law

16th Annual Recent Developments in IP Law and Policy Conference

Golden Gate University School of Law

Program, October 26, 2018


Mccarthy Institute Moves To Golden Gate University, Michael Hunter Schwartz Oct 2018

Mccarthy Institute Moves To Golden Gate University, Michael Hunter Schwartz

Articles About GGU Law

This fall, Golden Gate University launched a new effort to assist its students in securing jobs in the technology sector by acquiring the prestigious McCarthy Institute. The Institute is jointly sponsored by the university’s law and business schools.


11th Circuit Court Of Appeals: Cambridge Univ. Press V.Albert, Opinion (2018), 11th Circuit Court Of Appeals Oct 2018

11th Circuit Court Of Appeals: Cambridge Univ. Press V.Albert, Opinion (2018), 11th Circuit Court Of Appeals

Georgia State University Copyright Lawsuit

No abstract provided.


Universities: The Fallen Angels Of Bayh-Dole?, Rebecca S. Eisenberg, Robert Cook-Deegan Oct 2018

Universities: The Fallen Angels Of Bayh-Dole?, Rebecca S. Eisenberg, Robert Cook-Deegan

Articles

The Bayh-Dole Act of 1980 established a new default rule that allowed nonprofit organizations and small businesses to own, as a routine matter, patents on inventions resulting from research sponsored by the federal government. Although universities helped get the Bayh-Dole Act through Congress, the primary goal, as reflected in the recitals at the beginning of the new statute, was not to benefit universities but to promote the commercial development and utilization of federally funded inventions. In the years since the passage of the Bayh-Dole Act, universities seem to have lost sight of this distinction. Their behavior as patent seekers, patent ...


Chinese Innovation And Global Integration- Theoretical Framework Of Perceived Insecurities In University Technology Transfer, Clovia Hamilton Oct 2018

Chinese Innovation And Global Integration- Theoretical Framework Of Perceived Insecurities In University Technology Transfer, Clovia Hamilton

Winthrop Faculty and Staff Publications

University technology transfer is growing in China and is vital to China’s innovation and intellectual property program. This paper provides a literature review used to create a theoretical framework for explaining conflicts between university technology transfer participants. Economic development and business competitiveness relies on innovation and intellectual property generation. Given increased investments in university research and Chinese universities, it is important to be aware of conflicts between university technology transfer office staff and faculty within academic exchanges. University technology transfer is growing in China and is vital to China’s innovation and intellectual property program. Conflicts between university technology ...


A Cochrane Method Systematic Review Of University Tech Commercialization Research, Clovia Hamilton Oct 2018

A Cochrane Method Systematic Review Of University Tech Commercialization Research, Clovia Hamilton

Winthrop Faculty and Staff Publications

Since 1980 universities have been able to commercialize inventions that their faculty researchers create as per the 1980 Bayh-Dole Act (P.L. 96-517). Research universities can now own and license these inventions to small and well established companies. Since 1980, research universities have used tech commercialization to support their regional economies with product development and sales, and academic entrepreneurship resulting in university spinoffs and start-up business formations. This results in job creation. The technology transfer offices (TTOs) which were established at many research universities to manage this process have been studied quite extensively. However, the foundational elements that fuel successful ...


Black Americans Past And Present Created Frugal Innovations And Embraced Circular Economy Principles: The Marketing Dilemma, Clovia Hamilton Oct 2018

Black Americans Past And Present Created Frugal Innovations And Embraced Circular Economy Principles: The Marketing Dilemma, Clovia Hamilton

Winthrop Faculty and Staff Publications

Frugal innovation is the practice whereby the rich learns from innovations developed in poor countries, and there is purportedly a current rivalry between India and China in the frugal innovation arena. This research advocates that the concept of frugal innovation did not originate in Asia or India. The practice of the rich taking the poor’s innovations is not new. In particular, Black American slaves and freed slaves developed a number of inventions in poverty conditions. It is imperative that frugal innovation research be more historically accurate so as to reduce the marginalization of contributions developed by poor innovators and ...


Intellectual Property, Innovation And The Retail Industry, Singapore Management University Oct 2018

Intellectual Property, Innovation And The Retail Industry, Singapore Management University

Perspectives@SMU

Think ahead to protect your intellectual property, and leverage on it to deliver customer value


The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo Oct 2018

The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

International and domestic copyright law reform around the world is increasingly focused on how copyright exceptions — a.k.a. “user rights” —should be expanded to promote maximum innovation, creativity, and access to knowledge in the digital age. These efforts are guided by a relatively rich theoretical literature. However, few empirical studies explore the social and economic impact of expanding user rights in the digital era. One reason for this gap has been the absence of a tool measuring the key independent variable – changes in copyright user rights over time and between countries. We are developing such a tool, which we ...


Infringement, Unbound, Sarah R. Wasserman Rajec Oct 2018

Infringement, Unbound, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.


Price Discrimination & Intellectual Property, Michael Meurer, Ben Depoorter Oct 2018

Price Discrimination & Intellectual Property, Michael Meurer, Ben Depoorter

Faculty Scholarship

This chapter reviews the law and economics literature on intellectual property law and price discrimination. We introduce legal scholars to the wide range of techniques used by intellectual property owners to practice price discrimination; in many cases the link between commercial practice and price discrimination may not be apparent to non-economists. We introduce economists to the many facets of intellectual property law that influence the profitability and practice of price discrimination. The law in this area has complex effects on customer sorting and arbitrage. Intellectual property law offers fertile ground for analysis of policies that facilitate or discourage price discrimination ...


Open Access At Mit And Beyond: A White Paper Of The Mit Ad Hoc Task Force On Open Access To Mit’S Research, Katharine Dunn, Hal Abelson, Chris Bourg, Ellen Finnie Sep 2018

Open Access At Mit And Beyond: A White Paper Of The Mit Ad Hoc Task Force On Open Access To Mit’S Research, Katharine Dunn, Hal Abelson, Chris Bourg, Ellen Finnie

Copyright, Fair Use, Scholarly Communication, etc.

MIT researchers, students, and staff have long valued and put into action MIT’s mission to generate and disseminate knowledge by openly and freely sharing research and educational materials. Indeed, the Institute has been at the forefront of the sharing culture: MIT launched OpenCourseWare (OCW), a free webbased publication of virtually all MIT course content in 2001; in 2002 released DSpace, an open-source platform for managing research materials and publications co-created by MIT Libraries staff; and adopted the first campus-wide faculty open access (OA) policy in the US in 2009.

Convening an open access task force was one of the ...


Liability Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk Sep 2018

Liability Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk

Utah Law Faculty Scholarship

The recent trend toward propertization of health data could pose significant challenges to biomedical research and public health. Property rule systems can result in sizable up-front costs in the acquisition of consent from individual data subjects, as well as the ongoing risk that data subjects will retract consent or object to unanticipated data uses, thus compromising existing data resources and analyses. We argue that property-based approaches to health data should be rejected in favor of liability rule frameworks for the protection of individual privacy interests. We demonstrate that liability rule frameworks for data governance are not only desirable from a ...


The Effect Of Frand Commitments On Patent Remedies, Jorge L. Contreras, Thomas F. Cotter, Sang Jo Jong, Brian J. Love, Nicolas Petit, Peter George Picht, Norman Siebrasse, Rafał Sikorski, Masabumi Suzuki, Jacques De Werra Sep 2018

The Effect Of Frand Commitments On Patent Remedies, Jorge L. Contreras, Thomas F. Cotter, Sang Jo Jong, Brian J. Love, Nicolas Petit, Peter George Picht, Norman Siebrasse, Rafał Sikorski, Masabumi Suzuki, Jacques De Werra

Utah Law Faculty Scholarship

This chapter addresses a special category of cases in which an asserted patent is, or has been declared to be, essential to the implementation of a collaboratively-developed voluntary consensus standard, and the holder of that patent has agreed to license it to implementers of the standard on terms that are fair, reasonable and non-discriminatory (FRAND). In this chapter, we explore how the existence of such a FRAND commitment may affect a patent holder’s entitlement to monetary damages and injunctive relief. In addition to issues of patent law, remedies law and contract law, we consider the effect of competition law ...


Global Rate Setting: A Solution For Standard-Essential Patents?, Jorge L. Contreras Sep 2018

Global Rate Setting: A Solution For Standard-Essential Patents?, Jorge L. Contreras

Utah Law Faculty Scholarship

The commitment to license patents that are essential to technical interoperability standards on terms that are fair, reasonable and non-discriminatory (FRAND) is a fundamental mechanism that enables standards to be developed collaboratively by groups of competitors. Yet disagreements over FRAND royalty rates continue to bedevil participants in global technology markets. Allegations of opportunistic hold-up and hold-out continue to arise, spurring competition authorities to investigate and intervene in private standard-setting. And litigation regarding compliance with FRAND commitments has led an increasing number of courts around the world to adjudicate FRAND royalty rates, often on a global basis, but using very different ...


Implications Of Reposting Copyright Material Online And Svensson Distinguished In Cjeu Judgment: Land Nordrhein-Westfalen V Dirk Renckhoff, Cheng Lim Saw Sep 2018

Implications Of Reposting Copyright Material Online And Svensson Distinguished In Cjeu Judgment: Land Nordrhein-Westfalen V Dirk Renckhoff, Cheng Lim Saw

Research Collection School Of Law

This comment considers the CJEU’s recent decision in Land Nordrhein-Westfalen v Dirk Renckhoff (Case C-161/17) EU:C:2018:634, concerning the legality of reposting copyright-protected material on the Internet. Notably, the earlier decision of the CJEU in Svensson – which was a case on hyperlinking and although cited fairly extensively in argument – was carefully distinguished on the facts.