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Full-Text Articles in Law
It's Time For An American (Data Protection) Revolution, Mark Peasley
It's Time For An American (Data Protection) Revolution, Mark Peasley
Akron Law Review
The European Union’s General Data Protection Regulation is the most comprehensive, far-reaching, and forward-thinking piece of legislation to be passed in recent history. The GDPR will set the European Union far ahead of the United States when it comes to protecting personal information, but fear not; many of the GDPR’s requirements reach across the Atlantic and will offer a trickle-down benefit to United States citizens as entities move towards compliance. However, this is only an unintended benefit of the GDPR. Currently, the United States takes a piecemeal approach to data protection that focuses on the type of information stored, which …
Blunting The Later-Mover Advantage: Intellectual Property And Knowledge Transfer, Irina D. Manta, Mattias G. Ottervik
Blunting The Later-Mover Advantage: Intellectual Property And Knowledge Transfer, Irina D. Manta, Mattias G. Ottervik
Akron Law Review
The United States followed a path of initially giving little protection to intellectual property (IP) so that the country could benefit from the IP of nations we term earlier-movers on the world stage of economic development. This symposium piece argues that Japan and China have been following a similar trajectory in their intellectual property laws while progressing on their own economic climb. Widespread international outsourcing of manufacturing has made intellectual property a key asset for private companies, which has strengthened the tendencies of earlier-movers to formulate and enforce strict intellectual property laws. This suggests that countries like China respond not …
Ai & Ip Innovation & Creativity In An Age Of Accelerated Change, Daryl Lim
Ai & Ip Innovation & Creativity In An Age Of Accelerated Change, Daryl Lim
Akron Law Review
From a glimmer in the eye of a Victorian woman ahead of her time, AI has become a cornerstone of innovation that “will be the defining technology of our time.” Around 2016, the convergence of computing power, funding, data, and open-source platforms tipped us into an AI-driven 4IR. AI can make a difference in accelerating disruptive innovation by bringing a data-driven approach to invention and creation. To do so, the law must embrace change and innovation as an imperative in a journey towards an ever-shifting horizon. In the creative arts, the work for hire doctrine provides a pragmatic legal vehicle …
Venue One Year After Tc Heartland: An Early Empirical Assessment Of The Major Changes In Patent Filing, Shawn P. Miller
Venue One Year After Tc Heartland: An Early Empirical Assessment Of The Major Changes In Patent Filing, Shawn P. Miller
Akron Law Review
In its May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reined in the Federal Circuit’s permissive venue standard, which had fueled the rise of the Eastern District of Texas as the busiest patent trial court in the nation and the preferred filing location of patent assertion entities (PAEs), derisively known as patent trolls. While the new limits of permissible venue in patent cases continue to be demarcated in the lower courts, sufficient time has passed since TC Heartland to begin to investigate the impact of the decision across a number of dimensions. …
A Global Perspective On Digital Sampling, Loren E. Mulraine
A Global Perspective On Digital Sampling, Loren E. Mulraine
Akron Law Review
The state of the law in the United States is complicated by the fact that the de minimis doctrine is, and has been a muddled doctrine. Copyright law and patent law allow future authors and inventors to build upon the works of previous rights holders. In the patent world, the new work must be a non-obvious improvement on the original patent. In copyright, the key is that the secondary user cannot take a substantial portion of the prior author’s copyrightable expression. There is no infringement without substantial similarity. By definition, a de minimis taking is the polar opposite of substantial …
Biotechnology Patent Law Top Ten Of 2018 Broad Wins, Sovereignty Loses, And Patent Dance, Kevin E. Noonan, Andrew W. Torrance
Biotechnology Patent Law Top Ten Of 2018 Broad Wins, Sovereignty Loses, And Patent Dance, Kevin E. Noonan, Andrew W. Torrance
Akron Law Review
In this article, we discuss what we consider to be the ten important and influential biotechnology patent law judicial decisions of 2018. These hinged on a variety of patent doctrines. An abbreviated new drug application (ANDA) for the multiple sclerosis drug Ampyra set the stage for the Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. (Fed. Cir. 2018) decision, in which the Court of Appeals for the Federal Circuit (Federal Circuit) provided guidance on how to conduct an obviousness analysis (35 U.S.C. §103). The Berkheimer v. HP Inc. (Fed. Cir. 2018) decision, although addressing a software invention, provided valuable insight into …
Confusing The Similarity Of Trademarks Law In Domain Name Disputes, Christine Haight Farley
Confusing The Similarity Of Trademarks Law In Domain Name Disputes, Christine Haight Farley
Akron Law Review
This article anticipates doctrinal disorder in domain name disputes as a result of the new generic top-level domains (gTLDs). In the course of the intense and prolonged debate over the possibility of new gTLDs, no one seems to have focused on the conspicuous fact that domain name disputes incorporating new gTLDs will be markedly different from the first-generation domain name disputes under previous gTLDs. Now second-generation disputes will have the added feature of the domain name having a suffix that will likely be a generic word, geographic term, or trademark. This addition is significant. Rather than disputes over , we …