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Articles 1 - 30 of 160
Full-Text Articles in Intellectual Property Law
Abc V. Aereo And The Humble Judge, James Y. Stern
Abc V. Aereo And The Humble Judge, James Y. Stern
James Y. Stern
No abstract provided.
What Is Digital Rights Management?, Frederick W. Dingledy, Alex Berrio Matamoros
What Is Digital Rights Management?, Frederick W. Dingledy, Alex Berrio Matamoros
Frederick W. Dingledy
No abstract provided.
Crossing The Line?: Copyright For Libraries, Frederick W. Dingledy
Crossing The Line?: Copyright For Libraries, Frederick W. Dingledy
Frederick W. Dingledy
No abstract provided.
A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu
A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu
Peter K. Yu
Although geography has had an important and lasting impact on the development of intellectual property law and policy, at both the domestic and international levels, geographical perspectives and spatial analysis have thus far not attracted much attention from policymakers and commentators. Only recently have we seen greater linkage between these two undeniably connected fields. Even with such linkage, the discussion tends to focus narrowly on specific issues, such as the parallel importation of pharmaceuticals, the protection of geographical indications and the treatment of traditional knowledge and traditional cultural expressions.
This article aims to provide a systematic analysis of the linkage …
Activating Actavis, Aaron Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Activating Actavis, Aaron Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Aaron Edlin
In Federal Trade Commission v. Actavis, Inc., the Supreme Court provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. The Court came down strongly in favor of an antitrust solution to the problem, concluding that “an antitrust action is likely to prove more feasible administratively than the Eleventh Circuit believed.” At the same time, Justice Breyer’s majority opinion acknowledged that the Court did not answer every relevant question. The opinion closed by “leav[ing] to the lower courts the structuring of the present rule-of-reason antitrust litigation.”This article is an effort to help courts and counsel …
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Aaron Edlin
The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to confirm …
What Is Digital Rights Management?, Fred Dingledy, Alex Berrio Matamoros
What Is Digital Rights Management?, Fred Dingledy, Alex Berrio Matamoros
Alex Berrio Matamoros
No abstract provided.
College Athletic Departments As Media Organizations And The Regulation Of Content: Issues For The Digital Age, Steve Dittmore
College Athletic Departments As Media Organizations And The Regulation Of Content: Issues For The Digital Age, Steve Dittmore
Steve Dittmore
No abstract provided.
Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler
Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler
Raizel Liebler
27-10-15 Wigan Ieee Smart Cities Guadalajara Education Workshop Presentatation, Marcus R. Wigan
27-10-15 Wigan Ieee Smart Cities Guadalajara Education Workshop Presentatation, Marcus R. Wigan
Marcus R Wigan
Tailoring Legal Protection For Computer Software, Peter S. Menell
Tailoring Legal Protection For Computer Software, Peter S. Menell
Peter Menell
No abstract provided.
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
William K. Ford
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …
Private Value Determinations And The Potential Effect On The Future Of Research And Development, Amy L. Landers
Private Value Determinations And The Potential Effect On The Future Of Research And Development, Amy L. Landers
Amy L. Landers
Although the promise of an emerging patent market is thought to provide future benefits to invention, innovation, and the public, this essay examines the possibility that the aggregate influence of this activity could instead destabilize patent values in a manner that mirrors the "bubble" phenomenon that occurred in certain markets in the past. To the extent that this occurs, this would destabilize the patent system and might have negative consequences for the future of investment in research, development and innovation.
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
Christopher McElwain
Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies by certain (foreign-dominated) technologies. …
Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig
Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig
Carys Craig
Copyright law currently forces all intellectual production into a doctrinal model shaped by individualistic assumptions about the authorial ideal. To the extent that the truly original author-owner is conceptualized as an individual (and not a function or fiction), he depends upon Enlightenment ideals of individuation, detachment, and unity. A competing view of the author sees her as necessarily engaged in a process of adaptation, translation and recombination. This version of authorship coheres with a view of the individual as socially constituted: her expression is the result of the complex variety of texts and discourses that she encounters (and by which …
The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, Hannah W. Brennan
The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, Hannah W. Brennan
Hannah W Brennan
The United States spends nearly $1,000 per person annually on drugs—40 percent more than the next highest spender, Canada, and more than twice the amount France and Germany spend. Although myriad factors contribute to high drug spending in the United States, the crucial role that intellectual property laws play in inhibiting access to cheaper, generic medications is among one of the best documented. Yet, for the most part, the discussion of the relationship between intellectual property law and drug spending has centered on patent protection. Recently, however, a few researchers have turned their attention to a different exclusivity—trademark law. New …
Psicología Cognitiva De Las Marcas Y Confusión Desleal. Aportes Para La Represión De La Competencia Desleal, Alejandro Castro
Psicología Cognitiva De Las Marcas Y Confusión Desleal. Aportes Para La Represión De La Competencia Desleal, Alejandro Castro
Alejandro Castro
Se realiza un breve análisis al papel que juega la psicología cognitiva aplicada a la investigación de marcas y su papel en la verificación de supuestos de represión de la competencia desleal. En conclusión, se propone integrar conceptos desde la psicología y el marketing para el análisis fáctico de supuestos ilícitos como confusión e inclusive aplicarlos para otros ámbitos como es el caso de dilución.
Traditional Knowledge Governance Challenges In Canada, Jeremy De Beer
Traditional Knowledge Governance Challenges In Canada, Jeremy De Beer
Jeremy de Beer
No abstract provided.
Authors Alliance: A Force To Promote Authorship For Public Good, Michael Wolfe, Adrian K. Ho
Authors Alliance: A Force To Promote Authorship For Public Good, Michael Wolfe, Adrian K. Ho
Adrian K. Ho
No abstract.
Copyright And Ownership Of Fan Created Works: Fanfiction And Beyond, Raizel Liebler
Copyright And Ownership Of Fan Created Works: Fanfiction And Beyond, Raizel Liebler
Raizel Liebler
A Century Of Patent Litigation In Perspective, Ron D. Katznelson
A Century Of Patent Litigation In Perspective, Ron D. Katznelson
Ron D. Katznelson
When comparing patent litigation rates or “rarity” across decades, one must take into account the proportion to the actual scale of commercial activities that give rise to patent disputes. Such normalizing scales are preferably national metrics of commercial activity such as (a) the number of patents issued in the year, (b) the total number of patents in force over which disputes may arise, (c) the total number of Federal civil suits, or (d) the economic scale of the Gross National Product (GDP) in real dollars. This paper marshals for the first time information on all patent litigation in Federal district …
Intellectual Property And Copyrights, Sherif K. Shaheen Prof.
Intellectual Property And Copyrights, Sherif K. Shaheen Prof.
sherif k. shaheen Prof.
No abstract provided.
Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence And Intellectual Property Federalism, Shubha Ghosh
Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence And Intellectual Property Federalism, Shubha Ghosh
Shubha Ghosh
The Federal Circuit was established in 1982 as an appellate court with limited jurisdiction over patent claims. However, the Federal Circuit has used this limited jurisdiction to expand its reach into contract law, developing a federal common law of contract. Given the growing importance of patent litigation in the past three decades, this creation of an independent body of contract law creates uncertainty in transactions involving patents. This troublesome development received attention in Stanford v Roche, a 2011 Supreme Court decision upholding the Federal Circuit's invalidation of a patent assignment to Stanford University. This Article documents the development of …
The Fashion Lottery: Cooperative Innovation In Stochastic Markets, Jonathan Barnett, Gilles Grolleau, Sana El Harbi
The Fashion Lottery: Cooperative Innovation In Stochastic Markets, Jonathan Barnett, Gilles Grolleau, Sana El Harbi
Jonathan M Barnett
The fashion market is an anomaly: innovation is vigorous but original producers are substantially unprotected against imitation, which proliferates under an incomplete property regime consisting of strong trademark protections and weak design protections. We account for this anomaly through a “cooperative innovation” model where producers prefer an incomplete property regime that permits some imitation to alternative regimes that permit no imitation or all imitation, independent of budget constraints. A property regime that permits positive but limited levels of imitation operates as a form of group insurance that alleviates the risk of recoupment failure in a market characterized by demand uncertainty, …
The Host's Dilemma: Strategic Forfeiture In Platform Markets For Informational Goods, Jonathan M. Barnett
The Host's Dilemma: Strategic Forfeiture In Platform Markets For Informational Goods, Jonathan M. Barnett
Jonathan M Barnett
Voluntary forfeiture of intellectual assets—often, exceptionally valuable assets--is surprisingly widespread in information technology markets. A simple economic rationale can account for these practices. By giving away access to core technologies, a platform holder commits against expropriating (and thereby induces) user investments that support platform value. To generate revenues that cover development and maintenance costs, the platform holder must regulate access to other goods and services within the total consumption bundle. The tradeoff between forfeiting access (to induce adoption) and regulating access (to recover costs) anticipates the substantial convergence of open and closed innovation models. Organizational patterns in the software and …
Intellectual Property As A Law Of Organization, Jonathan M. Barnett
Intellectual Property As A Law Of Organization, Jonathan M. Barnett
Jonathan M Barnett
The incentive thesis for patents is challenged by the existence of alternative means by which firms can capture returns on innovation. Taking into account patent alternatives yields a robust reformulation of the incentive thesis as mediated by organizational form. Patents enable innovators to make efficient selections of firm scope by transacting with least-cost suppliers of commercialization inputs. These expanded transactional opportunities reduce the minimum size of the market into which any innovator—or the supplier of any other technological or production input—can attempt entry. Disaggregation of the innovation and commercialization process then induces the formation of secondary markets in disembodied technology …
Property As Process: How Innovation Markets Select Innovation Regimes, Jonathan M. Barnett
Property As Process: How Innovation Markets Select Innovation Regimes, Jonathan M. Barnett
Jonathan M Barnett
It is commonly asserted that innovation markets suffer from excessive intellectualproperty protections, which in turn stifle output. But empirical inquiries can neither confirm nor deny this assertion. Under the “agnostic” assumption that we cannot assess directly whether intellectual-property coverage is excessive, an alternative query is proposed: can the market assess if any “propertization outcome” is excessive and then undertake actions to yield a socially preferable outcome? Grounded in the “bottom up” methodology of new institutional economics, this process-based approach takes the view that innovator populations make rent-seeking investments that continuously “select” among a range of “innovation regimes” that trade off …
Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb
Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb
Gretchen Rae Beach
Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.
Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret
Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret
Monica Brooks
Copyright Primer: demystifying the law and best practices for librarians. Ignorance of the law is no longer acceptable and individuals can now be assessed astronomically high statutory damages per infringement. Join us for a frank and informative discussion regarding current copyright law and application in your library when working with digital publisher content. We don’t pretend to have all the answers but our team will share our MDS workflow for securing permissions for inclusion in the institutional repository for public access
Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb
Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb
Monica Brooks
Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.