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Articles 10711 - 10740 of 16971
Full-Text Articles in Intellectual Property Law
Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (Forthcoming), David Schwartz
Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (Forthcoming), David Schwartz
David L. Schwartz
No abstract provided.
Acquiring A Flavor For Trademarks: There’S No Common Taste In The World, Amanda Compton
Acquiring A Flavor For Trademarks: There’S No Common Taste In The World, Amanda Compton
Amanda E. Compton
This paper considers the viability of registering “flavor” as a trademark based on the decision in In re N.V. Organon. Nontraditional trademarks have long been accepted in the United States, and the possibility of being able to protect flavor as a trademark is on the horizon. In 2002, N.V. Organon, a global manufacturer of an array of prescription medicines, filed a trademark application to register “an orange flavor” for “pharmaceuticals for human use, namely, antidepressants in quick-dissolving tablets and pills.” The Examining Attorney refused registration on two grounds: (1) the matter failed to function as a trademark; and (2) the …
Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee
Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee
Edward Lee
This book review analyzes - and remixes - Lawrence Lessig's last copyright-related book, "Remix." It takes the central ideas, including some quotations, from Remix, and transforms them with some new examples and commentary of my own. Part I summarizes and critiques Lessig’s discussion of (1) the remix and read-write (RW) culture, and (2) its relationship to the sharing, commercial, and hybrid economies. Part II discusses some of Lessig’s reform proposals for our copyright system to foster a remix culture.
The Intellectual Property Landscape For Ips Cells, Robin C. Feldman
The Intellectual Property Landscape For Ips Cells, Robin C. Feldman
Robin C Feldman
Patent Challenges And Royalty Inflation, Michael Risch
Patent Challenges And Royalty Inflation, Michael Risch
Michael Risch
Eliminating bad patents is supposed to be a good thing, and so federal law allows any interested party to challenge a patent's validity almost any time. But the law goes a step further than merely conferring broad challenge rights. It also makes them nearly impossible to contract away. Instead, federal law voids any agreement not to challenge a patent. While a contract ordinarily signifies a final resolution of all issues covered by its terms, no such peace exists in patent licensing. This inalienability of patent challenge rights comes at a cost, a cost borne by many patent licensees and their …
Reinventing Usefulness, Michael Risch
Reinventing Usefulness, Michael Risch
Michael Risch
Patent law includes one of this country’s oldest continuous statutory requirements: since 1790, and without variance, inventors are only entitled to patent “new and useful” inventions. While “newness” receives constant attention and debate, usefulness has been largely ignored. Usefulness has transformed into the toothless and misunderstood “utility” doctrine, which requires that patents only have a bare minimum potential for use. This article seeks to reinvent patentable usefulness. It is the first comprehensive look at usefulness and it reasons that a core benefit of the requirement is to aid in the commercialization of inventions. The article then proposes two ways that …
A Brief Defense Of The Written Description Requirement, Michael Risch
A Brief Defense Of The Written Description Requirement, Michael Risch
Michael Risch
This essay provides a brief defense of the much maligned "written description" requirement in patent law. Many argue that there is no such requirement, and that a patent specification that enables a person having ordinary skill in the art (the PHOSITA) to make and use the invention is sufficient, even if the specification contains no description of the invention. This essay briefly describes the dispute, and then raises an important but under-theorized argument in favor of a separate written description requirement. The essay accepts the persuasive grammatical reading of the statute proposed by opponents of a separate written description requirement. …
Trade Secret Law And Information Development Incentives, Michael Risch
Trade Secret Law And Information Development Incentives, Michael Risch
Michael Risch
Trade secrets differ from other forms of intellectual property in many subtle ways that affect incentives to invest in information development. These differences relate not only to the types of information protected, but also to the requirements one must meet to protect that type of information. The various divergences and intersections of trade secret laws with other intellectual property laws lead to differences in the amount and types of investments companies make in developing information. This chapter explores five types of differential incentives associated with trade secret law: - Trade secret law v. no trade secret law - Trade secret …
Toward A Defense Of Fair Use Enablement, Joseph P. Liu
Toward A Defense Of Fair Use Enablement, Joseph P. Liu
Joseph P. Liu
Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann
Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann
Brett Frischmann
This Article sets out a framework for investigating sharing and resource pooling arrangements for information and knowledge-based works. We argue that the approach to commons arrangements in the natural environment pioneered by Elinor Ostrom and collaborators provides a template for examining the construction of commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environments in which they are embedded, in relation to information and knowledge resources that they produce and use, and in relation to one another.
An improved understanding …
Technological Fair Use, Edward Lee
Technological Fair Use, Edward Lee
Edward Lee
The Article proposes a framework tailoring fair use specifically for technology cases. At the inception of the twenty-first century, information technologies have become increasingly central to the U.S. economy. Not surprisingly, complex copyright cases involving speech technologies, such as DVRs, mp3 devices, Google Book Search, and YouTube, have increased as well. Yet existing copyright law, developed long before digital technologies, is ill-prepared to handle the complexities these technology cases pose. The key question often turns, not on prima facie infringement, but on the defense of fair use, which courts have too often relegated to extremely fact-specific decisions. The downside to …
When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng
When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng
Alina Ng
This Article explores what authorship and creative production means in the digital age. Notions of the author as the creator of the work provided a point of reference for recognizing ownership rights in literary and artistic works in conventional copyright jurisprudence. The role of the author, as the creator and producer of a work, has been seen as distinct and separate from that of the publisher and user. Copyright laws and customary norms protect the author’s rights in his creation to provide the incentive to create and allow him to appropriate the social value generated by his creativity as recognition …
How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, Aileen M. Mcgill
How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, Aileen M. Mcgill
Aileen M McGill
After centuries of stagnant growth and international isolation, China has emerged as the fastest-growing economy in the world and one of the most important parties in international trade. This staggering growth and influx of foreign goods has led to rampant counterfeiting of brand-name goods in a society with little cultural basis for individual intellectual property rights. When Beijing was awarded the 2008 summer Olympics in 2001, the Chinese government moved quickly to prepare for this beloved international event, rallying this massive country for, what many considered to be their grand emergence onto the world stage. One of the reforms enacted …
Unbranding, Confusion & Deception, Aaron K. Perzanowski
Unbranding, Confusion & Deception, Aaron K. Perzanowski
Aaron K. Perzanowski
This Article addresses the phenomenon of unbranding. Unbranding occurs when a firm chooses to discontinue its use of a brand that has developed negative associations among consumers in favor of a new brand, often in hopes of escaping the consequences of inferior products or illegal activity. Companies like AIG, Blackwater, Philip Morris, and WorldComm have all employed this strategy in recent years. Unbranding represents a striking departure from branding orthodoxy, which stresses the maintenance of brand equity through the gradual evolution of a brand. After examining the factors that prompt firms to take the radical step of eliminating an established …
El Procedimiento Administrativo Y Las Facultades De La Autoridad En Materia De Represión De La Competencia Desleal. Apuntes Sobre El Decreto Legislativo N° 1044, Pierino Stucchi
Pierino Stucchi
No abstract provided.
Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo
Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo
Michael R Dimino
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Thomas A Faunce
The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, …
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Thomas A Faunce
The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on …
The Requirement For An Invention In Patent Law, Justine Pila
The Requirement For An Invention In Patent Law, Justine Pila
Justine Pila
This book offers an analysis of legal conceptions of the invention in UK patent law and their development from before the first English patent legislation of 1623 through the patent system’s recent phase of Europeanization. Its publication comes at a time of widespread uncertainty regarding the invention, which is the basic subject matter of patent protection in all jurisdictions, and the meaning of which is currently under review by the US Supreme Court, the Enlarged Board of Appeal of the European Patent Office, and the Australian Government. The central thesis of the book is that properly construed, the requirement for …
From Proclaiming To Realizing Human Rights -- An Indian Perspective, Rishabh Jogani
From Proclaiming To Realizing Human Rights -- An Indian Perspective, Rishabh Jogani
Rishabh Jogani
This article deals with human rights organisations and their organisational set up along with the indian perspective of the same.
An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, Christopher B. Seaman
An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, Christopher B. Seaman
Christopher B. Seaman
In Northwest Austin Municipal Utility District Number One v. Holder ("NAMUDNO"), 129 S. Ct. 2504 (2009), the Supreme Court declined to decide one of the 2008 Term's most prominent issues: the constitutionality of the 2006 renewal of Section 5 of the Voting Rights Act. Instead, the Court adopted an unexpected statutory construction permitting the plaintiff to seek an exemption called "bailout" from continued coverage under this provision. But even though the Court avoided directly ruling on its constitutionality, NAMUDNO left little doubt that Section 5 remains on uncertain constitutional ground. A revised bailout system is likely the best approach for …
Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman
Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman
Christopher B. Seaman
Determining damages for infringement is one of the most important—and controversial—issues in current patent litigation. The current fifteen-factor Georgia-Pacific standard for determining a reasonable royalty has become increasingly difficult for juries to apply in patent disputes involving complex, high-technology products, resulting in unpredictable damage awards that tend to overcompensate patentees. This Article proposes a more manageable alternative to Georgia-Pacific when an acceptable noninfringing substitute for the patented technology exists. Specifically, in a hypothetical bargain for a patent license, both economic and negotiation theory explain that a rational patent licensor would agree to pay only the costs it would incur to …
Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Meyerhof Salama, Daniel Benoliel
Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Meyerhof Salama, Daniel Benoliel
Bruno Meyerhof Salama
The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Srividhya Ragavan, Brian Manning
The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Srividhya Ragavan, Brian Manning
Srividhya Ragavan
No abstract provided.
Protection Of Traditional Knowledge / Traditional Cultural Expression -- Evolving A Sui Generis Model For India, Srividhya Ragavan
Protection Of Traditional Knowledge / Traditional Cultural Expression -- Evolving A Sui Generis Model For India, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte
Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte
Prof. Ryan T. Holte
Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.
In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski
In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski
Aaron K. Perzanowski
In this Response to Professor Fagundes’s Property Rhetoric and the Public Domain, Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.
Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson
Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone
Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
The Objectives And Principles Of The Trips Agreement, Peter K. Yu
The Objectives And Principles Of The Trips Agreement, Peter K. Yu
Faculty Scholarship
The Agreement on Trade-Related Aspects of Intellectual Property Rights, which established the minimum standards for the protection and enforcement of intellectual property rights for WTO members, remains one of the more controversial international intellectual property agreements that have entered into force. Although that Agreement embraces a highly problematic super-size-fits-all approach, it includes a number of safeguards and flexibilities to facilitate economic development and to protect the public interest. Articles 7 and 8, in particular, lay out explicit and important objectives and principles that can play important roles in the interpretation and implementation of the Agreement.
Presented at the 2009 Santa …