Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons

Open Access. Powered by Scholars. Published by Universities.®

10780 Full-Text Articles 6777 Authors 4281101 Downloads 158 Institutions

All Articles in Intellectual Property Law

Faceted Search

10780 full-text articles. Page 1 of 311.

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 ...


Forward, Curtis E.A. Karnow 2017 California Superior Court (San Francisco)

Forward, Curtis E.A. Karnow

Curtis E.A. Karnow

This Forward to a new book on artificial intelligence (AI) and the law begins by describing how law changes over time. It explains how technological development and economic investment influence these changes as judges are compelled to choose analogies from precedent. The Forward summarizes recent developments in self-teaching systems and outlines some of the legal issues AI is likely to pose.


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 ...


Open Access In Order To: Make A Midnight Movie, Martin R. Schneider, Marta Rusek, Frank Taney 2017 Front Row Central

Open Access In Order To: Make A Midnight Movie, Martin R. Schneider, Marta Rusek, Frank Taney

Penn Open Access Events

Political Theater is the insightful and funny local podcast that explores connections between pop culture and real-world politics, and they're coming to Open Access Week for a LIVE EPISODE recording. Join your hosts, film critic Martin R. Schneider (Front Row Central) and political essayist Marta Rusek (WHYY Newsworks), for a lesson in the legal quirks and loopholes that have helped create some of the best "so bad it's good" works of cult cinema in history. We'll talk about how transformative fair use allowed the Mystery Science Theater franchise to survive, how Italian copyright laws let one cowboy ...


A Rose By Any Other Name: Elucidating The Intersection Of Patent And Antitrust Laws In Tying Arrangement Cases, Kyle R. Friedman 2017 University of Maine School of Law

A Rose By Any Other Name: Elucidating The Intersection Of Patent And Antitrust Laws In Tying Arrangement Cases, Kyle R. Friedman

Maine Law Review

In Illinois Tool Works Inc. v. Independent Ink, Inc., an ink manufacturer sought to invalidate patents held by a printing system manufacturer by alleging that the patents resulted in illegal tying and monopolization in violation of Sections 1 and 2 of the Sherman Act. This action was preceded by an infringement action brought by Illinois Tool Works (ITW), which was dismissed for lack of personal jurisdiction. Independent Ink (Independent) responded by seeking a judgment of non-infringement and invalidity of patents against ITW. The district court granted summary judgment in favor of ITW on both counts. The court of appeals reversed ...


3d Bioprinting Patentable Subject Matter Boundaries, Tabrez Y. Ebrahim 2017 Seattle University School of Law

3d Bioprinting Patentable Subject Matter Boundaries, Tabrez Y. Ebrahim

Seattle University Law Review

3D bioprinting combines emerging 3D printing technologies with synthetic biology. The promise of 3D bioprinting technology is to fabricate organs for transplantation, treat burn victims with in vivo skin repair, and create wearable microbiomes. 3D bioprinting can successively build, repair, or reproduce living human cells. This capability challenges eligible subject matter doctrine in U.S. patent law because the law has no brightline standard for patent eligibility for nature-based products. As 3D bioprinting technologies mature, U.S. patent law will need to respond to situations where living and nonliving worlds merge. This Article proposes a “Mixed-Scanned-Transformed” standard to supplement U ...


The Copyright Box Model, Stephen T. Black 2017 Seattle University School of Law

The Copyright Box Model, Stephen T. Black

Seattle University Law Review

Intellectual property law is territorial in nature. That is why intellectual property assets have always been favorites among international tax planners. Rapid appreciation, even faster transfer times, and a somewhat vague standard for appraisal and valuation make for an interesting field of play. Transfer the assets to a low tax jurisdiction before the appreciation begins, and you find yourself with a large income stream that is taxed at a low rate. Miss the beat, and you have a large tax hit. For these reasons, many nations have followed the lead of Ireland in providing for so-called “patent box” schemes. These ...


A Critical Discourse Analysis Of The Intellectual Property Chapter Of The Tpp: Confirming What The Critics Fear, Karyn Hollis 2017 Villanova University

A Critical Discourse Analysis Of The Intellectual Property Chapter Of The Tpp: Confirming What The Critics Fear, Karyn Hollis

communication +1

A host of organizations and citizens groups have convincingly pointed out that so called “Free Trade Agreements” have done more harm than good to the U.S. and other countries involved. Thanks to their protests, for the moment, the most ambitious multinational, neoliberal project of our young century, the Trans-Pacific Partnership (TPP), has been defeated. If the agreement had been adopted, the TPP would have shaped new rules of trade for over 8 million people, spanning 40% of the global economy. Using Critical Discourse Analysis (CDA), my study shows how the complex language of the actual treaty compared to its ...


Balancing Open Source Paradigms And Traditional Intellectual Property Models To Optimize Innovation, Lisa M. Mandrusiak 2017 University of Maine School of Law

Balancing Open Source Paradigms And Traditional Intellectual Property Models To Optimize Innovation, Lisa M. Mandrusiak

Maine Law Review

Copyrights and patents grant property rights to creators and inventors in order to spur further innovation through the dual approach of increasing the amount of material in the public domain and rewarding inventors and creators for their efforts. However, in recent years, it has been postulated that extensive granting of copyrights and patents may in fact stifle additional creation and development. This led to a revolt in the computer programming industry and spawned the open source movement, which provides software with its source code and a license allowing for free creation and distribution of works. This movement attempts to spur ...


Asean And Intellectual Property: Will A Complicated History Lead To A Certain Future?, Peter N. Fowler, Teerin Charoenpot, Cheepchanok Chernkwanma 2017 Office of Policy and International Affairs, United States Patent and Trademark Office (USPTO)

Asean And Intellectual Property: Will A Complicated History Lead To A Certain Future?, Peter N. Fowler, Teerin Charoenpot, Cheepchanok Chernkwanma

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Exceeding Its Authority: The Uspto Prevents Federal Registration Of Medical Marijuana Trademarks, Stephanie Gambino 2017 Seattle University School of Law

Exceeding Its Authority: The Uspto Prevents Federal Registration Of Medical Marijuana Trademarks, Stephanie Gambino

Seattle University Law Review

The United States Patent and Trademark Office (USPTO) took concrete steps to reduce transaction costs to consumers purchasing medical marijuana products by creating a category for medical marijuana products within International Class 5. However, that decision was rescinded quickly. Then, the USPTO overreached its statutory authority by ordering a wholesale prohibition of federal registration for medical marijuana trademarks. This Comment argues that because the USPTO overreached its statutory authority in prohibiting federal registration for medical marijuana trademarks, it should reinstate the category for medical marijuana products and allow medical marijuana producers to seek federal registration of their trademarks. Part I ...


Nasig Core Competencies For Scholarly Communication Librarians, Andrew Wesolek, Wm. Joseph Thomas, Angela Dresselhaus, Julie Fielding, Char Simser, Sarah Sutton, Jason Boczar, Rachel Miles, Stephanie Spratt, Wendy Robertson, Betsy Appleton 2017 Clemson University

Nasig Core Competencies For Scholarly Communication Librarians, Andrew Wesolek, Wm. Joseph Thomas, Angela Dresselhaus, Julie Fielding, Char Simser, Sarah Sutton, Jason Boczar, Rachel Miles, Stephanie Spratt, Wendy Robertson, Betsy Appleton

Jason Boczar

The following Core Competencies for Scholarly Communication Librarians were developed out of research and discussion conducted by the NASIG Scholarly Communication Core Competencies Task Force. Scholarly communication is defined by ACRL as “the system through which research and other scholarly writings are created, evaluated for quality, disseminated to the scholarly community, and preserved for future use. The system includes both formal means of communication, such as publication in peer-reviewed journals, and informal channels, such as electronic listservs (Association of College & Research Libraries, “Principles and Strategies for the Reform of Scholarly Communication 1,” 2003). The specific duties of the scholarly communication ...


The Struggle Over Webcasting--Where Is The Stream Carrying Us?, Susan A. Russell 2017 University of Oklahoma College of Law

The Struggle Over Webcasting--Where Is The Stream Carrying Us?, Susan A. Russell

Oklahoma Journal of Law and Technology

No abstract provided.


Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names, Stacey Knapp 2017 University of Oklahoma College of Law

Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names, Stacey Knapp

Oklahoma Journal of Law and Technology

No abstract provided.


Shifting The Burden To Internet Service Providers: The Validity Of Subpoena Power Under The Digital Millennium Copyright Act, Matt Sellers 2017 University of Oklahoma College of Law

Shifting The Burden To Internet Service Providers: The Validity Of Subpoena Power Under The Digital Millennium Copyright Act, Matt Sellers

Oklahoma Journal of Law and Technology

No abstract provided.


Dastar V. Twentieth Century Fox--One Can't Get Back By Trademark What One Gave Up Under Copyright, Sue Mota 2017 University of Oklahoma College of Law

Dastar V. Twentieth Century Fox--One Can't Get Back By Trademark What One Gave Up Under Copyright, Sue Mota

Oklahoma Journal of Law and Technology

No abstract provided.


Are Patents Really Limited To 20 Years?, Melody Wriz 2017 University of Oklahoma College of Law

Are Patents Really Limited To 20 Years?, Melody Wriz

Oklahoma Journal of Law and Technology

No abstract provided.


The On-Sale Bar After Pfaff, William E. Hickman, Michelle Saquet Temple 2017 University of Oklahoma College of Law

The On-Sale Bar After Pfaff, William E. Hickman, Michelle Saquet Temple

Oklahoma Journal of Law and Technology

No abstract provided.


Attorney-Client Privilege In Patent Litigation: In Re Spalding Sports Worldwide, Matt Rodgers 2017 University of Oklahoma College of Law

Attorney-Client Privilege In Patent Litigation: In Re Spalding Sports Worldwide, Matt Rodgers

Oklahoma Journal of Law and Technology

No abstract provided.


Plant Variety In The Republic Of Korea: Seed Industry Law, Yoonjin Buyn 2017 University of Oklahoma College of Law

Plant Variety In The Republic Of Korea: Seed Industry Law, Yoonjin Buyn

Oklahoma Journal of Law and Technology

No abstract provided.


Digital Commons powered by bepress