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Articles 11821 - 11850 of 17032
Full-Text Articles in Intellectual Property Law
Justice Scalia’S “Renegade Jurisdiction”: Lessons For Patent Law Reform, Xuan-Thao Nguyen
Justice Scalia’S “Renegade Jurisdiction”: Lessons For Patent Law Reform, Xuan-Thao Nguyen
Articles
Justice Scalia called the Eastern District of Texas ("EDTX") the "renegade jurisdiction." Critics label it the "rocket-docket" for patents. All blame it on the ills of patent litigation, demanding for national reform. This Article challenges the prevailing myths with an empirical quantitative study of more than 27,000 patent cases filed in the last decade and a qualitative study on patent forum shopping. This Article contends that the proposed venue reforms will not prevent litigants from shopping for a favorable forum in which to resolve patent litigations. This Article suggests that instead of the quick fixes vis-à-vis proposed venue reform legislation …
The Intellectual Property-Antitrust Interface, Herbert J. Hovenkamp
The Intellectual Property-Antitrust Interface, Herbert J. Hovenkamp
All Faculty Scholarship
This historical overview examines the relationship between antitrust policy and intellectual property in the United States since 1890. Over most of this history, judges imagined far greater conflicts between antitrust policy and intellectual property rights than actually existed, or else relied on sweeping generalizations rather than close analysis. For example, they often assumed that the presence of an intellectual property right led to anticompetitive effects where there was no basis for finding any injury to competition at all. At the other extreme, they often concluded that an intellectual property right immunized seriously anticompetitive conduct even when the intellectual property statute …
Freedom Of The Press 2.0, Edward Lee
Freedom Of Expression® Als Eingetragenes Markenzeichen/Trademarking Freedom Of Expression®, Kembrew Mcleod
Freedom Of Expression® Als Eingetragenes Markenzeichen/Trademarking Freedom Of Expression®, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Introduction: The Future Of Patent Reform (Symposium), Edward Lee
Introduction: The Future Of Patent Reform (Symposium), Edward Lee
Edward Lee
No abstract provided.
Trademarking Nanotechnology: Nano-Lies & Federal Trademark Registration, Jason Du Mont
Trademarking Nanotechnology: Nano-Lies & Federal Trademark Registration, Jason Du Mont
Jason John Du Mont
No abstract provided.
Freedom Of The Press 2.0, Edward Lee
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David Schwartz
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David Schwartz
David L. Schwartz
No abstract provided.
Humor In Music, Kembrew Mcleod
Warming Up To User-Generated Content, Edward Lee
Warming Up To User-Generated Content, Edward Lee
Edward Lee
The most significant copyright development of the twenty first century has not arisen through any law enacted by Congress or opinion rendered by the Supreme Court. Instead, it has come from the unorganized, informal practices of various, unrelated users of copyrighted works, many of whom probably know next to nothing about copyright law. In order to comprehend this paradox, one must look at what is popularly known as "Web 2.0," and the growth of user-generated content in blogs, wikis, podcasts, "mashup" videos, and social networking sites like Facebook and MySpace. Although users often create new works of their own, sometimes …
Everything Is Patentable, Michael Risch
Everything Is Patentable, Michael Risch
Michael Risch
The currently confused and inconsistent jurisprudence of patentable subject matter can be clarified by implementing a single rule - that which is otherwise patentable under the Patent Act is patentable subject matter. In other words, if a discovery otherwise meets the requirements of patentability - namely category, utility, novelty, non-obviousness, and specification - then the discovery will be properly patentable without need to consider traditional non-statutory subject matter issues such as mathematical algorithms, products of nature, or natural phenomena. The primary virtue of the proposed rule is that it provides a more rigorous and consistent doctrinal framework for determining patentability. …
Debunking The Top Three Myths Of Digital Sampling: An Endorsement Of The Bridgeport Music Court's Attempt To Afford "Sound" Copyright Protection To Sound Recordings, Tracy Reilly
Tracy Reilly
Two-Factor Fair Use?, Joseph P. Liu
Two-Factor Fair Use?, Joseph P. Liu
Joseph P. Liu
El Sistema De Solución De Controversias Entre Estados, Pierino Stucchi, Luis García-Corrochano
El Sistema De Solución De Controversias Entre Estados, Pierino Stucchi, Luis García-Corrochano
Pierino Stucchi
No abstract provided.
Private Copy Levies And Technical Protection Of Copyright : The Uneasy Accomodation Of Two Conflicting Logics, Severine Dusollier, Caroline Ker
Private Copy Levies And Technical Protection Of Copyright : The Uneasy Accomodation Of Two Conflicting Logics, Severine Dusollier, Caroline Ker
Severine Dusollier
No abstract provided.
Enough Is Enough: Time To Eliminate Design Patents And Rely On More Appropriate Copyright And Trademark Protection For Product Designs, Daniel Harris Brean
Enough Is Enough: Time To Eliminate Design Patents And Rely On More Appropriate Copyright And Trademark Protection For Product Designs, Daniel Harris Brean
Daniel Harris Brean
New Paradigms For Protection Of Biodiversity, Srividhya Ragavan
New Paradigms For Protection Of Biodiversity, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
Towards A New General Comment On Article 20 Of The Iccpr: Exploring The Common Ground Between Freedom Of Expression And Freedom Of Religion Through The Concept Of Freedom From Vilification: The Danish Cartoons Case, Ahmad Ali Sharief
Archived Theses and Dissertations
No abstract provided.
Domain Tasting Is Taking Over The Internet As A Result Of Icann’S “Add Grace Period”, Christopher Healey
Domain Tasting Is Taking Over The Internet As A Result Of Icann’S “Add Grace Period”, Christopher Healey
Duke Law & Technology Review
When a domain name is registered, the registrant is given five days to cancel for a full refund. While the purpose of this grace period is to protect those who innocently err in the registration process, speculators have taken advantage of the grace period through a process called "domain tasting." These "domain tasters" register hundreds of thousands of domain names and cancel the vast majority of them within the five-day grace period, keeping only those that may be valuable as placeholder advertising websites or to holders of trademark rights. This iBrief will outline the "domain tasting" process, analyze why it …
Management Of Intellectual Property Rights, Srividhya Ragavan
Management Of Intellectual Property Rights, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker
Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker
The University of New Hampshire Law Review
[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.
Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …
Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung
Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung
William & Mary Law Review
No abstract provided.
Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth
Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar
Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
Research Collection Yong Pung How School Of Law
Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …
Tradable Patent Rights, Ian Ayres, Gideon Parchomovsky
Tradable Patent Rights, Ian Ayres, Gideon Parchomovsky
All Faculty Scholarship
Patent thickets may inefficiently retard cumulative innovation. This paper explores two alternative mechanisms that may be used to weed out patent thickets. Both mechanisms are intended to reduce the number of patents in our society. The first mechanism we discuss is price based regulation of patents through a system of increasing renewal fees. The second and more innovative mechanism is quantity based regulation through the establishment of a system of Tradable Patent Rights. The formalization of tradable patent rights would essentially create a secondary market for patent permits in which patent protection will be bought and sold.
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectual property (IP). Nevertheless, customs have a profound impact on both de facto and de jure IP law. The unarticulated incorporation of custom threatens to swallow up IP law, and replace it with industry-led IP regimes that give the public and other creators more limited rights to access and use intellectual property than were envisioned by the Constitution and Congress. This article presents a powerful critique …