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Articles 1 - 30 of 91
Full-Text Articles in Intellectual Property Law
An Empirical Study: Willful Infringement & Enhanced Damages In Patent Law After Halo, Karen E. Sandrik
An Empirical Study: Willful Infringement & Enhanced Damages In Patent Law After Halo, Karen E. Sandrik
Michigan Technology Law Review
For decades, companies and attorneys have instructed teams of engineers, researchers, and computer scientists to ignore patents. The reasoning for this advice: if there is no pre-suit knowledge of a patent, then it is nearly impossible for a patent holder to prove that enhanced damages are warranted. Pre-suit knowledge is a prerequisite for a finding of willful infringement, which is itself a prerequisite for awarding enhanced damages. The median patent damages award is around ten million dollars, and large companies like Intel, Teva Pharmaceuticals, Microsoft, and Abbott Laboratories have all recently faced billion-dollar patent infringement judgments. In this landscape, a …
Copying Copyright: Adopting A Fair Use Defense In Patent Law In Times Of Public Health Crisis, Kellie C. Van Beck
Copying Copyright: Adopting A Fair Use Defense In Patent Law In Times Of Public Health Crisis, Kellie C. Van Beck
Brooklyn Law Review
Epidemics have devastated humankind for centuries. Given the simultaneous rise of advanced disease prevention and treatment and the great potential for mass public uptake, it is unsurprising that the U.S. pharmaceutical industry has grown to $775 billion in annual sales revenue. It is clear that the commercialization of important public health measures is not without controversy. Of particular debate is that vaccine and other drug manufacturers monopolize their products and control them through patent laws. Yet there is a strong dichotomy between the importance of patents and the need for public access to innovations. This is not to say that …
An Analysis Of The Patent Linkage System And Development Of The Biosimilar Industry In Taiwan, Jerry I-H Hsiao
An Analysis Of The Patent Linkage System And Development Of The Biosimilar Industry In Taiwan, Jerry I-H Hsiao
Brooklyn Journal of International Law
In 2019, as an effort to join the Trans-Pacific Partnership (TPP) Agreement (now Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)), Taiwan has implemented the patent linkage system which covers both small molecule generic drugs and large molecule biosimilar into the Pharmaceutical Affair Act. The system modeled after the U.S.’s patent linkage system designed for small molecule drugs under the Hatch Waxman Act (HWA). Based on the experience of the patent linkage system under the HWA, biosimilar industry representatives in Taiwan contended that the adoption of the patent linkage system will be detrimental to the development of local industry. By …
Copyright’S Deprivations, Anne-Marie Carstens
Copyright’S Deprivations, Anne-Marie Carstens
Washington Law Review
This Article challenges the constitutionality of a copyright infringement remedy provided in federal copyright law: courts can order the destruction or other permanent deprivation of personal property based on its mere capacity to serve as a vehicle for infringement. This deprivation remedy requires no showing of actual nexus to the litigated infringement, no finding of willfulness, and no showing that the property’s infringing uses comprise the significant or predominant uses. These striking deficits stem from a historical fiction that viewed a tool of infringement, such as a printing plate, as the functional equivalent of an infringing copy itself. Today, though, …
How Artificial Intelligence Machines Can Legally Become Inventors: An Examination Of And Solution To The Decision On Dabus, Justyn Millamena
How Artificial Intelligence Machines Can Legally Become Inventors: An Examination Of And Solution To The Decision On Dabus, Justyn Millamena
Journal of Law and Policy
With proliferation of Artificial Intelligence research and development, it is foreseeable that these machines will invent many new patentable technologies. However, the United States Patent and Trademark Office recently deemed a patent application incomplete for listing an AI machine as the inventor. If the USPTO’s decision is not corrected, the patent system will be in danger because many fraudulent patent applications that list incorrect inventors will be filed. This would drastically change existing and settled inventorship jurisprudence and might endanger the patent protection over such patents. This Note argues that the USPTO’s reasons for not allowing the Artificial Intelligence machine …
Facing Injustice: How Face Recognition Technology May Increase The Incidence Of Misidentifications And Wrongful Convictions, Laura M. Moy
Facing Injustice: How Face Recognition Technology May Increase The Incidence Of Misidentifications And Wrongful Convictions, Laura M. Moy
Georgetown Law Faculty Publications and Other Works
Does law enforcement use of face recognition technology paired with eyewitness identifications increase the incidence of wrongful convictions in U.S. criminal law? This Article explores this critical question and posits that the answer may be yes. Facial recognition is frequently used by law enforcement agencies to help generate investigative leads that are then presented to eyewitnesses for positive identification. But erroneous eyewitness accounts are the number one cause of wrongful convictions, and the use of face recognition to generate investigative leads may create the conditions for erroneous eyewitness identifications to take place. This is because face recognition technology is designed …
The Missing Algorithm: Safeguarding Brady Against The Rise Of Trade Secrecy In Policing, Deborah Won
The Missing Algorithm: Safeguarding Brady Against The Rise Of Trade Secrecy In Policing, Deborah Won
Michigan Law Review
Trade secrecy, a form of intellectual property protection, serves the important societal function of promoting innovation. But as police departments across the country increasingly rely on proprietary technologies like facial recognition and predictive policing tools, an uneasy tension between due process and trade secrecy has developed: to fulfill Brady’s constitutional promise of a fair trial, defendants must have access to the technologies accusing them, access that trade secrecy inhibits. Thus far, this tension is being resolved too far in favor of the trade secret holder—and at too great an expense to the defendant. The wrong balance has been struck.
This …
Intellectual Property Exhaustion And Parallel Imports Of Pharmaceuticals: A Comparative And Critical Review, Irene Calboli
Intellectual Property Exhaustion And Parallel Imports Of Pharmaceuticals: A Comparative And Critical Review, Irene Calboli
Faculty Scholarship
This Chapter addresses the topic of intellectual property (IP) exhaustion in the context of the parallel trade of pharmaceuticals. These imports, which are controversial in general, are more complex with respect to pharmaceuticals, which require additional marketing and import authorizations. Nevertheless, individual countries remain free to accept these imports under the flexibility of Article 6 of the Agreement on Trade Related Aspects to Intellectual Property Rights (TRIPS Agreement). This Chapter reviews several national approaches—in developed, developing, and least developed countries (LDCs)—from the perspective of the exhaustion of patent rights as well as other IP rights. Through this review, it highlights …
How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy
How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy
Villanova Law Review
No abstract provided.
Cyber Trespass And Property Concepts, Adam Macleod
Rethinking Copyright Harmonization, Clark Asay
Rethinking Copyright Harmonization, Clark Asay
Indiana Law Journal
For nearly half a century, the United States has been one of the main proponents of harmonizing the world’s copyright laws. To that end, the U.S. government has worked diligently to persuade (and, in some cases, bully) most of the world’s countries to adopt copyright standards that resemble those found in the United States. The primary reason for this push to harmonize the world’s copyright laws is simple: the United States has long been a net exporter of copyrighted works, and so the U.S. government has sought to ensure that other countries provide U.S. authors with the same economic rights …
Session 1: Access To Legal Services - The Role Of Innovation And Technology, Steven Bender, Stacy Butler, Anna Carpenter, Michael Cherry, Sands Mckinley, Kimball Dean Parker, Miguel Willis
Session 1: Access To Legal Services - The Role Of Innovation And Technology, Steven Bender, Stacy Butler, Anna Carpenter, Michael Cherry, Sands Mckinley, Kimball Dean Parker, Miguel Willis
SITIE Symposiums
This expert panel is addressing access to justice problems. People without access to lawyers and legal services suffer in many ways not limited to divorce, domestic violence, and educational roadblocks. This panel will ask what lawyers can do to help, in what ways can technology help or replace lawyers in the delivery of legal and non-legal services. It will also explore different legal services being offered by individuals who do not have a JD, online firms, and developing technology in a law firm owed subsidiary. There are six panelists who are broken into two categories: (1) the innovation and delivery …
Opening Session, Annette Clark, Steven Bender
Opening Session, Annette Clark, Steven Bender
SITIE Symposiums
This year's conference focuses on the social good, highlighting three access barriers fundamental in law and society - access to legal services (and more generally, justice), access to health and health care during the COVID-19 pandemic, and access to financial services for the unbanked or underbanked.
Governing The Unknown: How The Development Of Intellectual Property Law In Space Will Shape The Next Great Era Of Exploration, Exploitation, And Invention, Lauren Peterson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Nanotechnology Patent Law: A Case Study Of The United States And European Patent Applications, Costello-Caulkins, Michael
Nanotechnology Patent Law: A Case Study Of The United States And European Patent Applications, Costello-Caulkins, Michael
Santa Clara High Technology Law Journal
NANOTECHNOLOGY PATENT LAW: A CASE STUDY OF THE UNITED STATES AND EUROPEAN PATENT APPLICATIONS
Social Support For Terrorists: Facebook’S “Friend Suggestion” Algorithm, Section 230 Immunity, Material Support For Terrorists, And The First Amendment, Yost, Ellen Smith
Social Support For Terrorists: Facebook’S “Friend Suggestion” Algorithm, Section 230 Immunity, Material Support For Terrorists, And The First Amendment, Yost, Ellen Smith
Santa Clara High Technology Law Journal
SOCIAL SUPPORT FOR TERRORISTS: FACEBOOK’S “FRIEND SUGGESTION” ALGORITHM, SECTION 230 IMMUNITY, MATERIAL SUPPORT FOR TERRORISTS, AND THE FIRST AMENDMENT
Personhood For Synthetic Beings: Legal Parameters And Consequences Of The Dawn Of Humanlike Artificial Intelligence, Osborne, Daniel S.
Personhood For Synthetic Beings: Legal Parameters And Consequences Of The Dawn Of Humanlike Artificial Intelligence, Osborne, Daniel S.
Santa Clara High Technology Law Journal
PERSONHOOD FOR SYNTHETIC BEINGS: LEGAL PARAMETERS AND CONSEQUENCES OF THE DAWN OF HUMANLIKEARTIFICIAL INTELLIGENCE
Blockchain & Ccpa, Alza Jr., Gustavo
Blockchain & Ccpa, Alza Jr., Gustavo
Santa Clara High Technology Law Journal
BLOCKCHAIN & CCPA
Is There Evidence Of Antitrust Harm In The House Judiciary Committee’S Hot Docs?, Oh, Sarah
Is There Evidence Of Antitrust Harm In The House Judiciary Committee’S Hot Docs?, Oh, Sarah
Santa Clara High Technology Law Journal
IS THERE EVIDENCE OF ANTITRUST HARM IN THE HOUSE JUDICIARY COMMITTEE’S HOT DOCS?
Enabling Science Fiction, Camilla A. Hrdy, Daniel H. Brean
Enabling Science Fiction, Camilla A. Hrdy, Daniel H. Brean
Michigan Technology Law Review
Patent law promotes innovation by giving inventors 20-year-long exclusive rights to their inventions. To be patented, however, an invention must be “enabled,” meaning the inventor must describe it in enough detail to teach others how to make and use the invention at the time the patent is filed. When inventions are not enabled, like a perpetual motion machine or a time travel device, they are derided as “mere science fiction”—products of the human mind, or the daydreams of armchair scientists, that are not suitable for the patent system.
This Article argues that, in fact, the literary genre of science fiction …
Past The Tipping Point, But With Hope Of Return: How Creating A Geoengineering Compulsory Licensing Scheme Can Incentivize Innovation, Brooke Wilson
Past The Tipping Point, But With Hope Of Return: How Creating A Geoengineering Compulsory Licensing Scheme Can Incentivize Innovation, Brooke Wilson
Washington and Lee Journal of Civil Rights and Social Justice
This Note explores the patenting of geoengineering technologies and issues arising from the early stages of this high-risk, high-reward technology. This Note focuses on one possible solution to solving the issues surrounding the patenting of geoengineering technology: Creating a specialized compulsory licensing scheme.
Copyrighting Copywrongs: An Empirical Analysis Of Errors With Automated Dmca Takedown Notices, Seng, Daniel
Copyrighting Copywrongs: An Empirical Analysis Of Errors With Automated Dmca Takedown Notices, Seng, Daniel
Santa Clara High Technology Law Journal
COPYRIGHTING COPYWRONGS: AN EMPIRICAL ANALYSIS OF ERRORS WITH AUTOMATED DMCA TAKEDOWN NOTICES
Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson
Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed
Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The Nflpo: The Nfl's Private Patent Office, Paul Fina
The Nflpo: The Nfl's Private Patent Office, Paul Fina
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders
Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell
Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb
The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Artificial Intelligence And Moral Rights, Martin Miernicki, Irene (Huang Ying) Ng
Artificial Intelligence And Moral Rights, Martin Miernicki, Irene (Huang Ying) Ng
Centre for AI & Data Governance
Whether copyrights should exist in content generated by an artificial intelligence is a frequently discussed issue in the legal literature. Most of the discussion focuses on economic rights, whereas the relationship of artificial intelligence and moral rights remains relatively obscure. However, as moral rights traditionally aim at protecting the author’s “personal sphere”, the question whether the law should recognize such protection in the content produced by machines is pressing; this is especially true considering that artificial intelligence is continuously further developed and increasingly hard to comprehend for human beings. This paper first provides the background on the protection of moral …
The Future Of Female Inventors In The United States: A Comparative Analysis To The Republic Of Korea, Payton Hoff
The Future Of Female Inventors In The United States: A Comparative Analysis To The Republic Of Korea, Payton Hoff
IP Theory
No abstract provided.