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The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer 2018 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 ...


The Maker Movement: Copyright Law, Remix Culture, And 3d Printing, Matthew Rimmer 2017 Queensland University of Technology

The Maker Movement: Copyright Law, Remix Culture, And 3d Printing, Matthew Rimmer

Matthew Rimmer

3D printing is a process of making physical objects from three-dimensional digital models. 3D printing is a form of additive manufacturing – rather than a traditional form of subtractive manufacturing. 3D printing is a disruptive technology, which promises to transform art and design, science and manufacturing, and the digital economy.

The Minister for Industry, Innovation and Science, the Hon. Christopher Pyne, has highlighted the key role of 3D printing for manufacturing and material science in Australia: ‘Manufacturing remains a key driver in our economy, but as the industrial landscape changes, the sector needs to transition to more innovative and economically viable ...


Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell 2017 Pepperdine University

Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell

Pepperdine Dispute Resolution Law Journal

This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.


Use Of Mediation To Recover Rights To Our Genes, Rachel Albert 2017 Pepperdine University

Use Of Mediation To Recover Rights To Our Genes, Rachel Albert

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Toward A Direct Functional Relationship Requirement For Claims To Software Encoded On A Computer-Readable Storage Medium: Rethinking In Re Beauregard In Response To The Uspto's Interim Guidelines Regarding The Patentability Of Data Signal Claims, Elizabeth A. Richardson 2017 University of Oklahoma College of Law

Toward A Direct Functional Relationship Requirement For Claims To Software Encoded On A Computer-Readable Storage Medium: Rethinking In Re Beauregard In Response To The Uspto's Interim Guidelines Regarding The Patentability Of Data Signal Claims, Elizabeth A. Richardson

Oklahoma Journal of Law and Technology

No abstract provided.


Reforming The Patent System: A Closer Look At Proposed Legislation, D. Ward Hobson Jr. 2017 University of Oklahoma College of Law

Reforming The Patent System: A Closer Look At Proposed Legislation, D. Ward Hobson Jr.

Oklahoma Journal of Law and Technology

No abstract provided.


Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell 2017 University of Oklahoma College of Law

Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell

Oklahoma Journal of Law and Technology

No abstract provided.


The Quandary Of Being Interactive: The Impact Of Arista Records V. Launch Media On The Viability Of Webcasting Services, Todd E. Saucedo 2017 University of Oklahoma College of Law

The Quandary Of Being Interactive: The Impact Of Arista Records V. Launch Media On The Viability Of Webcasting Services, Todd E. Saucedo

Oklahoma Journal of Law and Technology

No abstract provided.


Patentability Of Living Matter Related To Biofuel Production In The U.S., Nathan K. Shrewsbury 2017 University of Oklahoma College of Law

Patentability Of Living Matter Related To Biofuel Production In The U.S., Nathan K. Shrewsbury

Oklahoma Journal of Law and Technology

No abstract provided.


Do The Evolution: The Effect Of Ksr V. Teleflex On Biotechnology, Josh Harrison 2017 University of Oklahoma College of Law

Do The Evolution: The Effect Of Ksr V. Teleflex On Biotechnology, Josh Harrison

Oklahoma Journal of Law and Technology

No abstract provided.


Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann 2017 Benjamin N. Cardozo School of Law, Yeshiva University

Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann

Brett Frischmann

No abstract provided.


Intergenerational Progress, Brett Frischmann, Mark P. McKenna 2017 Notre Dame Law School

Intergenerational Progress, Brett Frischmann, Mark P. Mckenna

Brett Frischmann

This Essay prepared for the Wisconsin Law Review’s symposium on Intergenerational Equity lays the groundwork for a broader understanding of the goals of IP law in the United States by arguing that there is room for a normative commitment to intergenerational justice. First, we argue that the normative basis for IP laws need not be utilitarianism. The Constitution does not require that we conceive of IP in utilitarian terms or that we aim only to promote efficiency or maximize value. To the contrary, the IP Clause leaves open a number of ways to conceive of Progress; courts’ and scholars ...


Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann 2017 Fordham University School of Law

Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann

Brett Frischmann

No abstract provided.


Patent Reform Act Of 2010: The Time For Change Is Now, Shivan Mehta 2017 University of Oklahoma College of Law

Patent Reform Act Of 2010: The Time For Change Is Now, Shivan Mehta

Oklahoma Journal of Law and Technology

No abstract provided.


Skidmore V. Led Zeppelin: Extraordinary Circumstances And The Perpetual Statute Of Limitations In Copyright Infringement, Joseph A. Greene 2017 University of Maine School of Law

Skidmore V. Led Zeppelin: Extraordinary Circumstances And The Perpetual Statute Of Limitations In Copyright Infringement, Joseph A. Greene

Maine Law Review

This Note addresses [the perpetual copyright limitations period under Federal Law]—specifically, how it came to be, its current application, and what can be done about it. In Part II, this Note gives the background information of the case-in-chief, Skidmore v. Led Zeppelin, and briefly idenitifies its relevant holdings. Part III provides an outline of substantive copyright law, focusing on the subject matter of works protected under the law, the scope of those protections, and the legal basis of musical work infringement claims. Last, in Part III, this Note looks to Skidmore's application of this substantive law. Part IV ...


Rapid Litigation Management Ltd. V. Cellzdirect, Inc.: Limiting The Use Of Subject Matter As A Functional Barrier To Patent Eligibility In The Biotechnology Industry, Casey M. Olesen 2017 University of Maine School of Law

Rapid Litigation Management Ltd. V. Cellzdirect, Inc.: Limiting The Use Of Subject Matter As A Functional Barrier To Patent Eligibility In The Biotechnology Industry, Casey M. Olesen

Maine Law Review

In recent years, the biotechnology industry has surpassed a market worth of $200 billion dollars, with over 1.4 million jobs dependent on that market. However, the biotechnology industry is also uniquely dependent on the patent system to protect the huge investments of time and money required to bring new research to the market. Increasingly, courts have improperly used the Patent Act's Section 101 subject matter eligibility requirement as a functional barrier for new biotechnological patents, creating substantial uncertainty in the validity of many patents. In particular, the courts have utilized judicially created exceptions to allowable subject matter--laws of ...


Stop Online Piracy Act, Nicollette Brandt 2017 University of Oklahoma College of Law

Stop Online Piracy Act, Nicollette Brandt

Oklahoma Journal of Law and Technology

No abstract provided.


Louboutin's Trademark Suit Against Yves Saint Laurent: Creating A Color War In The Fashion Industry, Nicollette Brandt 2017 University of Oklahoma College of Law

Louboutin's Trademark Suit Against Yves Saint Laurent: Creating A Color War In The Fashion Industry, Nicollette Brandt

Oklahoma Journal of Law and Technology

No abstract provided.


The United States Film, Music And Pharmaceutical Industries’ Battle For International Copyright And Patent Protection And Enforcement, Fe Emmanuelle (Noelle) Panlilio 2017 Bond University

The United States Film, Music And Pharmaceutical Industries’ Battle For International Copyright And Patent Protection And Enforcement, Fe Emmanuelle (Noelle) Panlilio

Owen Dixon Society eJournal

There is tension in international intellectual property policy between less protection and more protection. The United States, a champion of expansion, plays a major role. It has contributed in multiple law-making forums. This article outlines the progress that the United States has made to further its interests in the global intellectual property law arena, both in law-making and in enforcement. It also discusses the interplay between these developments and the role of large corporations in private industry with a strong interest in intellectual property. It focuses on the film, music and pharmaceutical industries and specifically on copyright and patent laws ...


Cannabis Trademarks: A State Registration Consortium Solution, Russell W. Jacobs 2017 University of Washington School of Law

Cannabis Trademarks: A State Registration Consortium Solution, Russell W. Jacobs

Washington and Lee Law Review Online

This article proposes a solution to a problem in the cannabis industry resulting from the unavailability of federal trademark registration for that sector. The author offers modest changes to the existing state trademark registration systems to make up for the gaps at the federal level. The proposed reforms would strengthen the trademark framework by conferring on cannabis trademark registrations presumptions of ownership, exclusive rights, and validity beyond the presumption of registration currently afforded under state laws. To extend protection throughout the geographic breadth of the cannabis marketplace, the states with legalized recreational cannabis would offer reciprocal recognition of state cannabis ...


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