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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 ...


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.


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 ...


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 ...


The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg 2021 Boston College Law School

The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg

Boston College Law Review

In 2020, in U.S. Patent and Trademark Office v. Booking.com B.V., the Supreme Court clarified that the owner of a website with a descriptive domain name could trademark the name, even if it were styled “generic.com,” as long as it had acquired secondary meaning to consumers. Justice Breyer, in his dissent, vigorously argued that this ruling would limit competition. He claimed that allowing Booking.com to trademark its brand name, which contains terms that competitors use to describe similar business activities, would essentially be giving it a monopoly. This Comment supports the majority’s decision, as ...


Regulations For Smart Mobility: Proceed With Caution, Connor Saenz 2021 Southern Methodist University, Dedman School of Law

Regulations For Smart Mobility: Proceed With Caution, Connor Saenz

Science and Technology Law Review

No abstract provided.


Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider 2021 Southern Methodist University, Dedman School of Law

Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider

Science and Technology Law Review

No abstract provided.


Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung 2021 Southern Methodist University, Dedman School of Law

Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung

Science and Technology Law Review

No abstract provided.


The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz 2021 Southern Methodist University

The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz

Science and Technology Law Review

No abstract provided.


Driverless Cars And Resource Allocation, Jeff Daniel Clark 2021 J. Daniel Clark Attorney at Law

Driverless Cars And Resource Allocation, Jeff Daniel Clark

Science and Technology Law Review

No abstract provided.


Front Matter, 2021 Southern Methodist University

Front Matter

Science and Technology Law Review

No abstract provided.


To Fee Or Not To Fee: The Availability Of Attorney’S Fees In Declaratory Relief Actions For Copyright Abandonment Under The Copyright Act, Katherine Goetz 2021 Boston College Law School

To Fee Or Not To Fee: The Availability Of Attorney’S Fees In Declaratory Relief Actions For Copyright Abandonment Under The Copyright Act, Katherine Goetz

Boston College Law Review

On May 13, 2020, in Doc’s Dream, LLC v. Dolores Press, Inc., the U.S. Court of Appeals for the Ninth Circuit held that a court has discretion under § 505 of the Copyright Act to award reasonable attorney’s fees in declaratory relief actions for copyright abandonment. In this matter of first impression, the Ninth Circuit reversed the U.S. District Court for the Central District of California’s holding that a declaratory relief action for copyright abandonment does not invoke the fee-shifting provision under the Copyright Act. This Comment argues that the Ninth Circuit’s holding appropriately reflects ...


Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw 2021 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw

Georgetown Law Faculty Publications and Other Works

As COVID-19 vaccination rates in high-income countries increase, governments are proposing or implementing digital health passes (DHPs) (vaccine “passports” or “certificates”). Israel uses a “green pass” smartphone application permitting vaccinated individuals’ access to public venues (eg, gyms, hotels, entertainment). The European Union plans a “Digital Green Certificate” enabling free travel within the bloc (see eTable in the Supplement). New York is piloting an IBM “Excelsior Pass,” confirming vaccination or negative SARS-CoV-2 test status through confidential data transfers to fast-track business reopenings. This paper examines the benefits of DHPs, scientific challenges, and whether they are lawful and ethical.


Blockchain & Ccpa, Alza Jr., Gustavo 2021 Santa Clara Law

Blockchain & Ccpa, Alza Jr., Gustavo

Santa Clara High Technology Law Journal

BLOCKCHAIN & CCPA


Is There Evidence Of Antitrust Harm In The House Judiciary Committee’S Hot Docs?, Oh, Sarah 2021 Santa Clara Law

Is There Evidence Of Antitrust Harm In The House Judiciary Committee’S Hot Docs?, Oh, Sarah

Santa Clara High Technology Law Journal

IS THERE EVIDENCE OF ANTITRUST HARM IN THE HOUSE JUDICIARY COMMITTEE’S HOT DOCS?


Copyrighting Copywrongs: An Empirical Analysis Of Errors With Automated Dmca Takedown Notices, Seng, Daniel 2021 Santa Clara Law

Copyrighting Copywrongs: An Empirical Analysis Of Errors With Automated Dmca Takedown Notices, Seng, Daniel

Santa Clara High Technology Law Journal

COPYRIGHTING COPYWRONGS: AN EMPIRICAL ANALYSIS OF ERRORS WITH AUTOMATED DMCA TAKEDOWN NOTICES


The Missing Goal-Scorers In The Artificial Intelligence Team: Of Big Data, The Fundamental Right To Research And The Failed Text And Data Mining Limitations In The Csdm Directive, Christophe Geiger 2021 Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg

The Missing Goal-Scorers In The Artificial Intelligence Team: Of Big Data, The Fundamental Right To Research And The Failed Text And Data Mining Limitations In The Csdm Directive, Christophe Geiger

Joint PIJIP/TLS Research Paper Series

This article argues that recent strategies of the European Union in the field of Artificial Intelligence (AI) resemble a football team missing a goal-scorer to win any of the competitions with other jurisdictions having more flexible limitations to copyright, in particular with those allowing robust text and data mining (TDM) activities. It analyses the TDM limitations newly introduced in EU copyright law by the Directive on Copyright in the Digital Single Market to show that these provisions not only fail to take duly into account the right to research grounded in the fundamental right to information, but also will not ...


Not The African Copyright Pirate Is Perverse, But The Situation In Which (S)He Lives-Textbooks For Education, Extraterritorial Human Rights Obligations, And Constitutionalization "From Below" In Ip Law, Klaus Beiter 2021 North-West University (South Africa)

Not The African Copyright Pirate Is Perverse, But The Situation In Which (S)He Lives-Textbooks For Education, Extraterritorial Human Rights Obligations, And Constitutionalization "From Below" In Ip Law, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

Printed textbooks remain crucial for education, particularly in developing countries. However, in many of these countries, textbooks are unavailable, too expensive, or not accessible in learners’ native tongues. Digital content, for many reasons, does not prove a wondrous solution. Cheaply (translating and) reproducing textbooks would be a strategy. However, reprography is highly regulated under copyright law. Copyright also adds to the cost of textbooks. The availability, accessibility, and acceptability of learning materials constitute essential elements of the right to education under international human rights law.

Intellectual property (IP) law has so far refrained from endorsing the concept of extraterritorial state ...


The Injunction Function: How And Why Courts Secure Property Rights In Patents, Adam Mossoff 2021 Professor of Law, Antonin Scalia Law School, George Mason University

The Injunction Function: How And Why Courts Secure Property Rights In Patents, Adam Mossoff

Notre Dame Law Review

This Essay addresses one aspect of this legal and policy debate concerning remedies in patent law: how and why courts presumptively secured patent owners with injunctions against ongoing or willful infringements of their property rights. Prompted by the United States Supreme Court’s 2006 decision in eBay v. MercExchange, which created a new four-factor test for issuing injunctions on a finding of ongoing infringement of a valid patent, there is a growing body of scholarly commentary on the role of injunctive remedies in securing property rights in new technological innovations. Much of this commentary focuses on how eBay has resulted ...


Putting The Equity Back Into Intellectual Property Remedies, Henry E. Smith 2021 Fessenden Professor of Law and Director of the Project on the Foundations of Private Law, Harvard Law School

Putting The Equity Back Into Intellectual Property Remedies, Henry E. Smith

Notre Dame Law Review

Within the realm of remedies, intellectual property remedies have presented particular difficulties, and in intellectual property law, controversy has focused on remedies. Concerns about holdup in intellectual property have even begun to lead to innovations in the law of remedies itself. Many of the difficulties and controversies raging now center around remedies that are “equitable.” In this Essay I argue that recovering a major function of equity—as meta-law— helps us understand these problems and to offer potential solutions. Meta-law is a higher order intervention when regular law fails, in contexts of high complexity and uncertainty, often stemming from polycentricity ...


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