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The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer 2017 Queensland University of Technology

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


Are They Pirates Or Pioneers?, Ashley Song 2017 University of Pennsylvania (2012)

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


The Market For Software Innovation Through The Lens Of Patent Licenses And Sales, Colleen V. Chien 2017 Santa Clara University School of Law

The Market For Software Innovation Through The Lens Of Patent Licenses And Sales, Colleen V. Chien

Faculty Publications

Software innovation is transforming the US economy. Yet our understanding of how patents and patent transactions support this innovation is limited, in part because of a lack of public information about patent licenses and sales. Claims about the patent marketplace, for example, extolling the virtues of intermediaries like non-practicing entities, or questioning the social utility of ex post patent licenses, tend not to be grounded in empirical evidence. This article brings much-needed data to the policy debate by analyzing transactional data from several proprietary databases of patent licenses and transfers, and reporting several novel findings. First I find that, despite ...


What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle 2016 Case Western Reserve University

What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle

Aaron K. Perzanowski

Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent ...


Reforming And Specifying Ipr Policies Of Standard-Setting Organizations: Towards Fair And Efficient Patent Licensing And Dispute Resolution, Richard Li, Richard Li-dar Wang 2016 National Chengchi University, Taiwan

Reforming And Specifying Ipr Policies Of Standard-Setting Organizations: Towards Fair And Efficient Patent Licensing And Dispute Resolution, Richard Li, Richard Li-Dar Wang

Richard Li-dar Wang

Standard-setting organizations (SSOs) rely on commitments to license on fair, reasonable, and non-discriminatory (FRAND) terms from standard-essential patent (SEP) holders to ensure access to standards and prevent potential anti-competitive conducts that unreasonably enforce SEPs against standard implementers. A substantial number of SEP disputes, however, have been raised unceasingly in recent years. In this research, a statistical analysis of the SEP litigation cases in the United States from 2000 to 2014 shows that the SEP disputes are closely related to the FRAND licensing terms that are required in the intellectual property rights (IPR) policies of the SSOs in the information and ...


Economics Of Intellectual Property Rights In Plant Materials, Wallace Huffman 2016 Iowa State University

Economics Of Intellectual Property Rights In Plant Materials, Wallace Huffman

Wallace Huffman

This paper presents an economic perspective on intellectual property in plant materials, including its value, and summary information on the U.S. seed industry. It first considers intellectual property rights--types, economic incentives that they bestow, and uses across developed and developing countries. Second, it considers the U.S. seed industry-- characteristics for major crops, optimal pricing of a superior variety, and relative size of public and private research expenditures. Some conclusions and implications are presented in the final section.


Impact Of The Human Genome Project At The Interface Between Patent And Fda Laws, Brian C. Cunningham 2016 University of New Hampshire

Impact Of The Human Genome Project At The Interface Between Patent And Fda Laws, Brian C. Cunningham

RISK: Health, Safety & Environment

Mr. Cunningham stresses the broad scope of biotechnological innovations. Besides endorsing the need for a new oversight commission to deal with potential social issues, he suggests, for example, that some products should be treated like biologics rather than new drugs.


Development Of Vaccines To Meet Public Health Needs: Incentives And Obstacles, Phillip K. Russell 2016 University of New Hampshire

Development Of Vaccines To Meet Public Health Needs: Incentives And Obstacles, Phillip K. Russell

RISK: Health, Safety & Environment

Dr. Russell explains how such matters as high 'costs of regulation, lack of an effective plan for delivery (particularly abroad) and politics can interfere with providing globally needed vaccines.


Genome Research And Traditional Intellectual Property Protection -- A Bad Fit?, Kate H. Murashige 2016 University of New Hampshire

Genome Research And Traditional Intellectual Property Protection -- A Bad Fit?, Kate H. Murashige

RISK: Health, Safety & Environment

Dr. Murashige addresses the need for a patent system more closely tailored to the needs of biotechnology. For example, the obviousness requirement may interfere with using patents to recoup high costs of work when it could arguably be done by researchers of ordinary skill.


Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper 2016 University of New Hampshire

Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper

RISK: Health, Safety & Environment

Dr. Draper's focus is the use of personal information derived from genome research. She identifies several potential problems, including access to and control of genetic information, employment discrimination and social stratification. She also recommends possible solutions.


Copyright In A Nutshell For Found Footage Filmmakers, Brian L. Frye 2016 University of Kentucky College of Law

Copyright In A Nutshell For Found Footage Filmmakers, Brian L. Frye

Brian L. Frye

Found footage is an existing motion picture that is used as an element of a new motion picture. Found footage filmmaking dates back to the origins of cinema. Filmmakers are practical and frugal, and happy to reuse materials when they can. But found footage filmmaking gradually developed into a rough genre of films that included documentaries, parodies, and collages. And found footage became a familiar element of many other genres, which used found footage to illustrate a historical point or evoke an aesthetic response. It can be difficult to determine whether found footage is protected by copyright, who owns the ...


Machiavellian Intellectual Property, Brian L. Frye 2016 University of Kentucky College of Law

Machiavellian Intellectual Property, Brian L. Frye

Brian L. Frye

In his controversial essay, “Faith-Based Intellectual Property,” Mark Lemley argues that moral theories of intellectual property are wrong because they are based on faith, rather than evidence. This article suggests that Lemley’s argument is controversial at least in part because it explicitly acknowledges that consequentialist and deontological theories of intellectual property rely on incompatible normative premises: consequentialist theories hold that intellectual property is justified only if it increases social welfare; deontological theories hold that intellectual property is justified even if it decreases social welfare. According to Berlin, the genius of Machiavelli was to recognize that when two moral theories ...


Should Youtube’S Content Id Be Liable For Misrepresentation Under The Digital Millennium Copyright Act?, Laura Zapata-Kim 2016 Boston College Law School

Should Youtube’S Content Id Be Liable For Misrepresentation Under The Digital Millennium Copyright Act?, Laura Zapata-Kim

Boston College Law Review

YouTube has quickly become the dominant player in the Internet video sharing platform market. To keep its leading position, it created an internal automated system to police potential copyright infringements known as Content ID. Generally, that system functions similarly to third-party computer automated systems that send takedown requests, yet it is exempt from liability for removing lawful videos under a safe harbor provided by the Digital Millennium Copyright Act of 1998 (“DMCA”). Although some industry experts first championed Content ID, many now question whether it unfairly favors copyright holders and YouTube itself at the expense of content creators and the ...


Free Speech & Disparaging Trademarks, Ned Snow 2016 University of South Carolina School of Law

Free Speech & Disparaging Trademarks, Ned Snow

Boston College Law Review

Speech law has silenced trademark. In In re Tam, the Federal Circuit ruled that the First Amendment requires Congress to grant trademark protection for disparaging speech. More specifically, the Federal Circuit held unconstitutional the provision of the Federal Lanham Act that denies trademark protection for marks that disparage. The Federal Circuit’s ruling, however, is not the final word on the issue. The Supreme Court has agreed to hear the Tam case. This Article argues against the Federal Circuit decision. As illustrated by the five different opinions from the en banc panel, the complexities of speech law easily lead to ...


Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler 2016 University of Georgia School of Law

Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler

Georgia Journal of International & Comparative Law

No abstract provided.


Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich 2016 UCLA School of Law

Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser 2016 Harvard Law School

The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Puzzles Of The Zero-Rate Royalty, Eli Greenbaum 2016 Yigal Arnon & Co.

Puzzles Of The Zero-Rate Royalty, Eli Greenbaum

Fordham Intellectual Property, Media and Entertainment Law Journal

Patentees increasingly exploit their intellectual property rights through royalty-free licensing arrangements. Even though patentees using such frameworks forfeit their right to trade patents for monetary gain, royalty-free arrangements can be used to pursue other significant commercial and collaborative interests. This Article argues that modern royalty-free structures generate tension between various otherwise well-accepted doctrines of patent remedies law that were designed for more traditional licensing models. As such, current doctrines provide conflicting frameworks for evaluating the royalty-free arrangement, and offer inconsistent approaches for determining the appropriate remedy for their breach. This discord grows out of courts’ inadequate attention to non-monetary consideration ...


Who’S Afraid Of Forever 21?: Combating Copycatting Through Extralegal Enforcement Of Moral Rights In Fashion Designs, Irina Oberman Khagi 2016 Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP

Who’S Afraid Of Forever 21?: Combating Copycatting Through Extralegal Enforcement Of Moral Rights In Fashion Designs, Irina Oberman Khagi

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article examines the often underexplored theory of personality rights, or moral rights, as a justification for protection of intellectual property in the context of protection of fashion designs. Traditional forms of intellectual property protection have thus far proven inadequate to protect the overall design of an article of clothing or accessory; rather, most are only sufficient to protect portions of the design. Advocates for strengthened intellectual property rights regimes traditionally invoke utilitarian rights, or the need to provide an incentive for continued generation of new ideas. But these utilitarian theories appear to be less relevant in the fashion world ...


Gif Gaffe: How Big Sports Ignored Lenz And Used The Dmca To Chill Free Speech On Twitter, Andrew T. Warren 2016 The George Washington University Law School

Gif Gaffe: How Big Sports Ignored Lenz And Used The Dmca To Chill Free Speech On Twitter, Andrew T. Warren

Fordham Intellectual Property, Media and Entertainment Law Journal

Many major sports leagues including the National Football League, Major League Baseball, and Ultimate Fighting Championship have consistently used the Digital Millennium Copyright Act (“DMCA”) to remove user-created GIFs, Vines, and related content that make use of the leagues’ copyrighted broadcast material on Twitter. This Article analyzes Twitter users’ right of fair use in the leagues’ copyrighted material, while suggesting that sports leagues and their agents may not be following the Ninth Circuit’s Lenz v. Universal Music Corp.decision, which requires copyright owners to consider fair use before submitting DMCA takedown notices. Sports leagues’ protocol and actions towards GIFs ...


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