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Trademarks, Gis, And Commercial Aspects Of Wine Distrubtion Agreements, Sarah A. Hinchliffe 2021 College of William & Mary, Williamsburg

Trademarks, Gis, And Commercial Aspects Of Wine Distrubtion Agreements, Sarah A. Hinchliffe

Journal of Food Law & Policy

The marketing of goods under geographical names has always been common. In addition to introducing commercial facets of wine distribution agreements, this article discusses the justifications, principles and, policies that lie behind the protection of geographical indications (GIs) for wine on an international level as well as in the Old World and, to a lesser degree, in the New World. The scope and shape of the GI system will then be scrutinized in light of its own justifications and in the light of its impact on international trade, intellectual property, and agricultural policy.


International Intellectual Property Law, Caroline Berube, Susan Brushaber, Amanda Covington, Manish Dhingra, Robin S. Fahlberg, Carolina Keller Jupitz, Jennifer Kwon, Mrityunjay Kumar, Daniel Marugg, Bruce A. McDonald, David Taylor, Sameep Vijayvergiya, Uche Ewelukwa Ofodile, Ralph Cathcart, Michelle Wynne 2021 Southern Methodist University

International Intellectual Property Law, Caroline Berube, Susan Brushaber, Amanda Covington, Manish Dhingra, Robin S. Fahlberg, Carolina Keller Jupitz, Jennifer Kwon, Mrityunjay Kumar, Daniel Marugg, Bruce A. Mcdonald, David Taylor, Sameep Vijayvergiya, Uche Ewelukwa Ofodile, Ralph Cathcart, Michelle Wynne

The Year in Review

No abstract provided.


Questioning Authority: Patents And Source Evaluation In An Era Of Misinformation, Jess O'Toole 2021 Georgetown University

Questioning Authority: Patents And Source Evaluation In An Era Of Misinformation, Jess O'Toole

Journal of the Patent and Trademark Resource Center Association

In the world of academic research, patents are classified as primary literature, and are recognized as “a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else” (World Intellectual Property Organization, 2015, p.4). Because of their status, patents are often left out of conversations surrounding source credibility and evaluation. Recent news relating to the conspiracy theories surrounding the COVID-19 pandemic and several patents, however, demonstrates the potential use of patents in spreading misinformation and disinformation. Through applying source evaluation techniques in keeping with the Association of College & Research Libraries ...


Stalking The Wild X Patent, Barbara J. Hampton 2021 Clemson University

Stalking The Wild X Patent, Barbara J. Hampton

Journal of the Patent and Trademark Resource Center Association

For most of the history of the patent office, recorded patents were used primarily to enforce the patent holder’s rights during the life of the patent and to evaluate prior art, in determining patentability. The limits of manual indexes and hand counts of entries made more sophisticated analyses impractical. Recently, a number of researchers have begun to apply scientometric methods to assess trends and causation in patterns of innovation in the United States by organizing data elements from patent documents. Although most patents are now searchable, fully digital records, the records of the earliest patents (1790–1836) were incinerated ...


Intellectual Property, Secrets, And Declassified Information. Mastering United States Government Information: Sources And Services, Christopher C. Brown, Libraries Unlimited, 2020., Suzanne Reinman 2021 Clemson University

Intellectual Property, Secrets, And Declassified Information. Mastering United States Government Information: Sources And Services, Christopher C. Brown, Libraries Unlimited, 2020., Suzanne Reinman

Journal of the Patent and Trademark Resource Center Association

No abstract provided.


The Duality Of Fashion: How Industry Norms Impact Market Returns In The Fashion Industry, Zoe Carter 2021 University of Tennessee Knoxville

The Duality Of Fashion: How Industry Norms Impact Market Returns In The Fashion Industry, Zoe Carter

Chancellor’s Honors Program Projects

No abstract provided.


License To Sublicense: The Legal Possibility Of Impliedly Sublicensing A Copyrighted Work, Rohena Rajbhandari 2021 Boston College Law School

License To Sublicense: The Legal Possibility Of Impliedly Sublicensing A Copyrighted Work, Rohena Rajbhandari

Boston College Law Review

On March 13, 2020, in Photographic Illustrators Corp. v. Orgill, Inc., the U.S. Court of Appeals for the First Circuit held that, within copyright law, an implied sublicense is legally possible where a licensee’s nonexclusive license permits unrestricted sublicensing. This was an issue of first impression among the federal courts of appeals. This Comment argues that the First Circuit correctly concluded that implied sublicenses are legally possible and that the legal test for determining whether an implied sublicense exists must consider the relationship between the licensee and sublicensee. Nevertheless, because sublicensing necessarily excludes the copyright owner, applying a ...


Entitlement-Shifting Rules, Troy A. Rule 2021 Arizona State University Sandra Day O’Connor College of Law

Entitlement-Shifting Rules, Troy A. Rule

Boston College Law Review

This Article describes and analyzes entitlement-shifting rules: laws that initially assign a legal “entitlement” to one party and subsequently reassign the same entitlement to a different party. Guido Calabresi and Douglas Melamed’s classic framework of property rules and liability rules involves two basic steps that yield four possible combinations of entitlement assignments and protective rules. These combinations are conventionally numbered in a particular order as rules one through four. Over the years, numerous scholars have built upon Calabresi and Melamed’s four-rule structure with add-on rules that tweak the model’s second step of assigning property or liability rule ...


Putting The Person In Phosita: The Human’S Obvious Role In The Artificial Intelligence Era, Connor Romm 2021 Boston College Law School

Putting The Person In Phosita: The Human’S Obvious Role In The Artificial Intelligence Era, Connor Romm

Boston College Law Review

Advances in artificial intelligence (AI) have enabled the technology to contribute significantly to the development of patentable inventions. These advances, which allow AI to augment inventors’ problem solving capabilities, or perhaps even create inventions autonomously, have raised concerns regarding whether existing patent laws can adequately address the increasing role that AI plays in developing inventions. This tension comes to a head with patent law’s obviousness doctrine, which addresses the critical question: What constitutes a patentable invention? Is human ingenuity the sole province of patent worthy invention? Should patentability be negated to the extent that AI contributes to a claimed ...


Increasing Investment In Stem Education For Females: Policy Considerations, Becky Harris, Andrea Dassopoulos, Daniel Sahl, Anna Starostina 2021 University of Nevada, Las Vegas

Increasing Investment In Stem Education For Females: Policy Considerations, Becky Harris, Andrea Dassopoulos, Daniel Sahl, Anna Starostina

UNLV Gaming Research & Review Journal

During this difficult economic time, as policy makers decide how to use their limited resources to help prepare the rising generation for the demands of an ever-changing workforce, aligning K-12 educational priorities with higher education and economic development can help maximize public dollar investments in STEM education, particularly when females are given access to STEM and STEM-related education and programs. Smart public policy initiatives can help increase the representation of women in the technology, research and development, and innovation departments.

The purpose of this article is to provide policy recommendations that could help increase gender diversity and participation in STEM ...


Bargaining For Innovation, Elizabeth Winston 2021 Villanova University Charles Widger School of Law

Bargaining For Innovation, Elizabeth Winston

Villanova Law Review

No abstract provided.


Electric Vehicles, Infrastructure Electrification And The Urban-Rural Divide, Nathan Reck 2021 Southern Methodist University, Dedman School of Law

Electric Vehicles, Infrastructure Electrification And The Urban-Rural Divide, Nathan Reck

Science and Technology Law Review

No abstract provided.


Enhancing Protection And Use Of Intellectual Property Of National Strategic Scientific & Technological Power—Case Study Of Chinese Academy Of Sciences, Yafeng ZHANG, Bing XIAO, Haibo LIU 2021 School of Public Policy and Management, University of Chinese Academy of Sciences, Beijing 100049, China School of Intellectual Property, University of Chinese Academy of Sciences, Beijing 100049, China

Enhancing Protection And Use Of Intellectual Property Of National Strategic Scientific & Technological Power—Case Study Of Chinese Academy Of Sciences, Yafeng Zhang, Bing Xiao, Haibo Liu

Bulletin of Chinese Academy of Sciences (Chinese Version)

Chinese Academy of Sciences (CAS) undertakes the relevant responsibility and missions of national strategic scientific & technological (S&T) power, and has a history of emphasizing intellectual property (IP) work. The research analyzes the institutional regulations and main measures of CAS in protecting and using IP, and summarizes the model characteristics. Based on the practice of CAS, we put forward suggestions of protecting and using IP for national strategic S&T power in terms of strategy and institution, professional arrangement, models and measures, management process.


Ownership Rights Of Research & Development Outputs In Historical Perspective: From Public Ownership, Ownership Right Of Scientific And Technological Achievements To Intellectual Property Rights, Youdan XIAO, Xin LIU 2021 Institutes of Science and Development, Chinese Academy of Sciences, Beijing 100190, China School of Public Policy and Management, University of Chinese Academy of Sciences, Beijing 100049, China

Ownership Rights Of Research & Development Outputs In Historical Perspective: From Public Ownership, Ownership Right Of Scientific And Technological Achievements To Intellectual Property Rights, Youdan Xiao, Xin Liu

Bulletin of Chinese Academy of Sciences (Chinese Version)

Empowering Scientists to retain ownership or long-term access rights of government-funded research & development outputs (R&D outputs), is a key exploration and reform for China's central government to promote the market mechanism's decisive role in allocating innovation resources. As a result of the public ownership-based economic and social system, how to properly coordinate the relationship between the state, the collectives and the individuals will inevitably become the core issue in China's reform on the ownership rights of R&D outputs. By reviewing the institutional changes and reform process on the ownership policy of government-funded R&D outputs ...


Nanotechnology Patent Law: A Case Study Of The United States And European Patent Applications, Costello-Caulkins, Michael 2021 Santa Clara Law

Nanotechnology Patent Law: A Case Study Of The United States And European Patent Applications, Costello-Caulkins, Michael

Santa Clara High Technology Law Journal

NANOTECHNOLOGY PATENT LAW: A CASE STUDY OF THE UNITED STATES AND EUROPEAN PATENT APPLICATIONS


Social Support For Terrorists: Facebook’S “Friend Suggestion” Algorithm, Section 230 Immunity, Material Support For Terrorists, And The First Amendment, Yost, Ellen Smith 2021 Santa Clara Law

Social Support For Terrorists: Facebook’S “Friend Suggestion” Algorithm, Section 230 Immunity, Material Support For Terrorists, And The First Amendment, Yost, Ellen Smith

Santa Clara High Technology Law Journal

SOCIAL SUPPORT FOR TERRORISTS: FACEBOOK’S “FRIEND SUGGESTION” ALGORITHM, SECTION 230 IMMUNITY, MATERIAL SUPPORT FOR TERRORISTS, AND THE FIRST AMENDMENT


Personhood For Synthetic Beings: Legal Parameters And Consequences Of The Dawn Of Humanlike Artificial Intelligence, Osborne, Daniel S. 2021 Santa Clara Law

Personhood For Synthetic Beings: Legal Parameters And Consequences Of The Dawn Of Humanlike Artificial Intelligence, Osborne, Daniel S.

Santa Clara High Technology Law Journal

PERSONHOOD FOR SYNTHETIC BEINGS: LEGAL PARAMETERS AND CONSEQUENCES OF THE DAWN OF HUMANLIKEARTIFICIAL INTELLIGENCE


Modify State “Piracy” After Allen: Introducing Apology To The U.S. Copyright Regime, Runhua Wang 2021 The University of Science and Technology Beijing

Modify State “Piracy” After Allen: Introducing Apology To The U.S. Copyright Regime, Runhua Wang

Buffalo Law Review

Copyright protection from state offenders is onerous because of the imbalanced bargaining power between states and authors, which is increased by the U.S. Supreme Court decision in Allen v. Cooper. This decision clarifies that state sovereign immunity is not abrogated by the Copyright Remedy Clarification Act of 1990 (“CRCA”). It secures states’ constitutional rights, the public interest, and the efficiency of copyright infringement litigations against states. However, a paradox of this decision is that it may harm innovation incentives or spirits of creativity due to the increased imbalanced bargaining power to prevent authors from being repaired for their economic ...


Digital Cluster Markets, Herbert J. Hovenkamp 2021 University of Pennsylvania Law School

Digital Cluster Markets, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

This paper considers the role of “cluster” markets in antitrust litigation, the minimum requirements for recognizing such markets, and the relevance of network effects in identifying them.

One foundational requirement of markets in antitrust cases is that they consist of products that are very close substitutes for one another. Even though markets are nearly always porous, this principle is very robust in antitrust analysis and there are few deviations.

Nevertheless, clustering noncompeting products into a single market for purposes of antitrust analysis can be valuable, provided that its limitations are understood. Clustering contributes to market power when (1) many customers ...


Barring Immoral Speech In Patent And Copyright, Ned Snow 2021 University of South Carolina School of Law

Barring Immoral Speech In Patent And Copyright, Ned Snow

SMU Law Review

In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment preclude Congress from denying patent or copyright protection based on a moral reason? Congress, for instance, might deny patent protection for inventions directed toward the consumption of marijuana. Inventors would accordingly choose not to disclose knowledge about those inventions to the public, and the denial would chill their speech. Similarly, Congress would chill speech if it denied copyright protection for moral ...


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