Intellectual Property Law Commons^™

Copyright’S Excess, Glynn Lunney

Glynn Lunney

No abstract provided.

Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams

Stephen F Ross

This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as …

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore

Nancy J. Whitmore

No abstract provided.

Digital Copyright Enforcement Measures And Their Human Rights Threats, Peter K. Yu

Peter K. Yu

No abstract provided.

Contract Lex Rex : Towards Copyright Contract's Lex Specialis, Giuseppina D'Agostino

Giuseppina D'Agostino

No abstract provided.

Crossing Parallel Lines: The State Of The First Sale Doctrine After Costco V. Omega, 8 Buff. Intell. Prop. L.J. 26 (2012), Maureen Collins

Maureen B. Collins

No abstract provided.

Institutional Choice & Interest Groups In The Development Of American Patent Law: 1790-1865, Andrew Morriss, Craig Nard

Andrew P. Morriss

This paper analyzes the evolution of U.S. patent law between the first patent act in 1790 and 1870, the passage of the last major patent act of the nineteenth century. During most of the nineteenth century, patent law developed in the courts, and instrumental to this development were a relatively small patent bar, a subset of the judiciary, and several repeat parties who played a role in a significant proportion of patent cases. Yet at several junctures, most importantly with the major changes introduced in 1836, but also through minor statutory changes throughout the nineteenth century, Congress intervened to alter …

Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer

Francina Cantatore

This paper identifies the role and significance of Intellectual Property (IP) management in small and medium-sized social enterprises (SMSEs) and aims to address a gap in the available literature dealing with IP use and management in social enterprise. The findings are based on the results of a qualitative study undertaken with Australian SMSEs, in the form of in-depth semi-structured interviews. The research identifies how SMSEs view and manage their IP rights, and the significance of these rights in the organisation. The findings suggest that there is a significant lack of IP rights management strategies for protection of IP assets such …

Yours, Mine, And Ours: Managing Intellectual Property In Third Sector Enterprise, Elizabeth Spencer, Francina Cantatore

Francina Cantatore

Effective intellectual property (IP) management is an important aspect of good governance for any enterprise, but there is little research on IP management in the third sector. This article explores the potential differences in approach to the management of IP in the third sector from both philosophical and practical perspectives. It outlines the challenges in developing, managing and protecting IP, and the many reasons why third sector initiatives may fail to adequately protect and manage IP as effectively as their for-profit counterparts. This article concludes that third sector objectives and IP protection can be reconciled in practice only by balancing …

The Migration Of The Book Across Territorial Borders: Copyright And Cultural Implications, Francina Cantatore

Francina Cantatore

Although the USA, Canada, UK and Australia currently retain territorial copyright laws, with commensurate restrictions on parallel importation of books, advances in technology and the advent of e-books have caused an involuntary migration of the book across these defined borders. This changing publishing sphere has impacted on authors’ copyright protection, with authors struggling to come to grips with breaches of copyright outside the protection of their own borders. Additionally, the extra-territorial publication of books are often in breach of authors’ copyright but difficult to address locally. A secondary consequence of the changing publishing environment is the loss of cultural essence …

Where Do Patent Rights Fit Within The Human Rights Framework?, Peter Yu

Peter K. Yu

No abstract provided.

Exploring Innovations And Positive Disruptions In The Supply Chain For Second Line Drugs, Peter Yu

Peter K. Yu

No abstract provided.

The Case For Weaker Patents, Lucas Osborn

Lucas S. Osborn

No abstract provided.

Yours, Mine And Ours: Managing Intellectual Property In Third Sector Enterprise, Francina Cantatore

Francina Cantatore

No abstract provided.

Putting The Community In Communication: Dissolving The Conflict Between Freedom Of Expression And Copyright, Carys Craig

Carys Craig

This paper is concerned with the relationship between freedom of expression and copyright law — and, more specifically, with what this relationship reveals about the nature and purpose of the copyright interest. I argue that the source of the apparent conflict between copyright and free expression is the prevailing characterization of both as individual rights vested in the liberal subject. The key to dissolving the conflict lies in the recognition of the social values that these rights affirm: the value that we attach to communication, to interaction between members of society and to participation in a social dialogue. If copyright …

The Canadian Public Domain: What, Where, And To What End?, Carys Craig

Carys Craig

No abstract provided.

Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third-Sector Enterprise, Elizabeth Spencer, Francina Cantatore

Francina Cantatore

Effective intellectual property (IP) management is an important aspect of good governance. There has been little research on IP management in the third sector and the challenges faced by these enterprises in developing, managing and protecting IP. This article explores the landscape of IP in third-sector enterprise. It outlines the challenges in developing and managing IP. and the reasons why IP may be under-managed. From a theoretical perspective this article will contribute to the literature available in this field and provide a foundation for further research. Debate about IP taw is polarised, but it is hoped that "a balanced approach …

The Case For Weaker Patents In The Digital Age Of Innovation, Lucas Osborn

Lucas S. Osborn

No abstract provided.

The Right To Parody And User-Generated Content, Peter Yu

Peter K. Yu

No abstract provided.

Commercializing And Protecting Intellectual Property In An Increasingly Open And Fluid World,” 32nd Annual Nonprofit Organizations Institute, Austin, Texas (Jan. 16, 2015), Terri Helge

Terri L. Helge

No abstract provided.

Our Divided Patent System (With J. Allison & M. Lemley) (Forthcoming), David Schwartz

David L. Schwartz

No abstract provided.

Patent Trolls: Moral Panics, Motions In Limine, And Patent Reform, Edward Lee

Edward Lee

No abstract provided.

Cases For Lecture 3; Trademarks, Macerata 17 March 2015, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Cases For Lecture 4 - Copyright In Cyberspace, Macerata, 8 April 2015, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Around The Copyright World In 60 Minutes, Peter Yu

Peter K. Yu

No abstract provided.

The Comparative Economics Of International Intellectual Property Agreements, Peter Yu

Peter K. Yu

No abstract provided.

Enforcement: A New, Overlooked Member Of The Intellectual Property Family?, Peter Yu

Peter K. Yu

No abstract provided.

Patent Regimes And The Right To Science And Culture Workshop, Peter Yu

Peter K. Yu

No abstract provided.

On Patenting Human Organisms Or How The Abortion Wars Feed Into The Ownership Fallacy, Yaniv Heled

Yaniv Heled

The idea of ominous technologies that put human individuals or parts of their bodies under someone else's control has been stirring emotions and terrifying people for centuries. It was a recent offshoot of this idea--the notion of “patenting humans”--that mobilized certain members of Congress to pass legislation prohibiting the issuance of patent claims “directed to or encompassing a human organism.” The values underlying this legislation may well have been agreeable, even admirable. Yet, the actual motivation for it was misguided; its execution, deeply flawed; its potential outcomes, hazardous

This Article reviews the history and background of this prohibition. It fleshes …

The Right To Parody, Peter Yu

Peter K. Yu

No abstract provided.