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Treating Diagnostics: Protecting In Vitro Diagnostic Testing In An Uncertain § 101 Landscape, Emily Iroz Rich 2021 The University of Akron

Treating Diagnostics: Protecting In Vitro Diagnostic Testing In An Uncertain § 101 Landscape, Emily Iroz Rich

Akron Law Review

Beyond question, medical diagnostic tests, they save lives. The diagnostic tests also contribute to the overall health of the U.S. economy. However, the current state of subject-matter eligibility for patent protection does not incentivize the research and development of these life-saving tools. Previous legislative and judicial efforts to fix subject-matter eligibility have failed. This article proposes a diagnostic patent act to allow the protection of in vitro diagnostic tests. The proposed diagnostic patent act would include safeguards to allow adequate access to fundamental research while incentivizing the return of investment to the patent holder. Safeguards would include exceptions to ...


A Typology Of Disclosure, Sharon K. Sandeen 2021 The University of Akron

A Typology Of Disclosure, Sharon K. Sandeen

Akron Law Review

Information and data have always been valuable to businesses, but in the Information Age, as businesses have figured out more ways to commoditize the information and data they possess, there has been a corresponding increase in expressed concerns about the unauthorized “disclosure” of information. Often, these concerns are expressed in absolute terms, as if any unauthorized disclosure of information constitutes an act of unfair competition or theft. The problem is that the common understanding of disclosure, particularly among information owners that seek to restrict access to the information they possess, belies the legal meaning of the term as used in ...


Striking The Right Balance: Following The Doj's Lead For Innovation In Standardized Technology, Kristen Osenga 2021 The University of Akron

Striking The Right Balance: Following The Doj's Lead For Innovation In Standardized Technology, Kristen Osenga

Akron Law Review

Today’s technology standards are the result of an extraordinary amount of innovation, collaboration and competition. These concepts are interrelated, and each is enhanced or enabled by intellectual property. Where these three concepts come together in standards development, it is unsurprising that antitrust concerns are also present. Specifically, the interests of contributors, participants, and implementers must be fairly balanced to ensure that the appropriate types and levels of innovation, collaboration, and competition can occur—and that the public will benefit. It is important that antitrust enforcement involving standards development organizations and owners of standards essential patents recognize the careful balance ...


After The Trolls: Patent Litigation As Ex Post Market-Making, Robert Merges 2021 The University of Akron

After The Trolls: Patent Litigation As Ex Post Market-Making, Robert Merges

Akron Law Review

Patent policy has been dominated lately by efforts to reduce rent-seeking patent troll litigation. As recent reforms begin to take effect, it is timely to consider the more constructive aspects of patent litigation. This Article contends that the lag between product development and patent litigation, which pushes the problem of patent valuation into the ex post (after product development) period, serves just such a positive function. Re-search, development, and product roll-out can all take place first. Then, at a later stage, patent litigation sorts out the relative merits and contributions of the various inventors and competitors who contributed to the ...


Emotions And Intellectual Property Law, Margaret Chon 2021 The University of Akron

Emotions And Intellectual Property Law, Margaret Chon

Akron Law Review

Emotions constitute an integral part of the diverse approaches that we bring to bear upon our most pressing law and policy issues. This article explores the role of emotions in intellectual property, information, and technology law (IP). Like other areas of law, IP commits to, prioritizes, and even honors, reason, logic, and facts—which can result in the sidelining of the affective components of law. Yet our affective responses to legal and other phenomena are affect both cognition and reason. Part I of the article provides a general overview of the field of law and emotions, pointing out how this ...


Trademarks And The Covid-19 Pandemic: An Empirical Analysis Of Trademark Applications Including The Terms "Covid," "Coronavirus," "Quarantine," "Social Distancing," "Six Feet Apart," And "Shelter In Place", Irene Calboli 2021 The University of Akron

Trademarks And The Covid-19 Pandemic: An Empirical Analysis Of Trademark Applications Including The Terms "Covid," "Coronavirus," "Quarantine," "Social Distancing," "Six Feet Apart," And "Shelter In Place", Irene Calboli

Akron Law Review

True to its nature as a (hopefully) once in a lifetime event, the COVID-19 pandemic has led to a tsunami of trademark applications. These include the terms “COVID,” “Coronavirus,” and other medical and pandemic-management related terms. This unprecedented number of applications has been highlighted by several commentators in general terms in the past months. This Article examines these applications in detail. Notably, the Article presents the first and most complete survey of the applications filed between the onset of the pandemic and the end of 2020, which include the following terms: “COVID,” “Coronavirus,” “Quarantine,” “Social Distancing,” “Six Feet Apart,” and ...


International And Transnational Intellectual Property Law: An Update, Marketa Trimble 2021 University of Nevada, Las Vegas -- William S. Boyd School of Law

International And Transnational Intellectual Property Law: An Update, Marketa Trimble

Media & Informal Publications

Professor Trimble presents recent developments in international and transnational IP law for the 2021 Intellectual Property Law Conference (hosted by the Intellectual Property Law Section of the State Bar of Nevada).


Blockchain Copyright Exchange – A Prototype, Jiarui Liu 2021 Center for Internet and Society, Stanford Law School

Blockchain Copyright Exchange – A Prototype, Jiarui Liu

Buffalo Law Review

The copyright market for creative works such as music and movies traditionally involves a complex web of licensing transactions and exorbitant transaction costs. Out of every dollar that consumers pay, an artist who writes, performs, and produces her own work may receive less than fifteen cents while the rest are diverted to cover the costs of financing new production, marketing new works, and distributing royalties. Although artists are typically scheduled to receive royalties on a quarterly basis, a payment may lag as far as two years after users paid. Furthermore, if a collecting society is unable to identify the rightful ...


What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo 2021 University of Pennsylvania Carey Law School

What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo

Faculty Scholarship at Penn Law

To date, copyright scholarship has almost completely overlooked the linguistics and cognitive psychology literature exploring the connection between language and thought. An exploration of the two major strains of this literature, known as universal grammar (associated with Noam Chomsky) and linguistic relativity (centered around the Sapir-Whorf hypothesis), offers insights into the copyrightability of constructed languages and of the type of software packages at issue in Google v. Oracle recently decided by the Supreme Court. It turns to modularity theory as the key idea unifying the analysis of both languages and software in ways that suggest that the information filtering associated ...


"Prep"Aring For A Challenge To Government-Owned Patents, Caleb Holland 2021 Catholic University of America (Student)

"Prep"Aring For A Challenge To Government-Owned Patents, Caleb Holland

Catholic University Law Review

The United States Government owns one of the largest patent estates in the world, but it rarely brings suit for patent infringement. To understand why that may be, this paper looks critically at the Government as a patent holder. Specifically, the paper reviews the fundamentals of American patents and explores the intricacies unique to the Government as an entity that both grants and holds patent rights. The paper examines the historical progression of how the United States Government positions itself with regard to its patents, tracing this evolution from Constitutional origins to more recent statutory refinements. Finally, the paper looks ...


Food For Thought: Intellectual Property Protection For Recipes And Food Designs, Kurt M. Saunders, Valerie Flugge 2021 Duke Law

Food For Thought: Intellectual Property Protection For Recipes And Food Designs, Kurt M. Saunders, Valerie Flugge

Duke Law & Technology Review

As any chef will tell you, cooking and food preparation is a creative, sometimes innovative, endeavor. Much thought and time is invested in selecting ingredients, developing the process for preparing the dish, and designing an interesting or appealing look and feel for a food item. If this is true, then it should come as no surprise that recipes, food designs, and other culinary creations can be protected by various forms of intellectual property, namely: trade secrets, design and utility patents, trade dress, but usually not copyright. This article considers how intellectual property law has been applied to protect recipes and ...


Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys J. Craig, Michael Geist, João Quintais 2021 American University Washington College of Law

Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys J. Craig, Michael Geist, João Quintais

Testimony and Submissions

We are grateful for the opportunity to participate in the Canadian Government’s consultation on a modern copyright framework for AI and the Internet of Things. Below, we present some of our research findings relating to the importance of flexibility in copyright law to permit text and data mining (“TDM”). As the consultation paper recognizes, TDM is a critical element of artificial intelligence. Our research supports the adoption of a specific exception for uses of works in TDM to supplement Canada’s existing general fair dealing exception.

Empirical research shows that more publication of citable research takes place in countries ...


How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy 2021 Villanova University Charles Widger School of Law

How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy

Villanova Law Review

No abstract provided.


"Recognized Stature" Revisited: Could "Community Standards" Rescue Restrictive "Recognized Stature" Definition In Castillo V. G&M Realty L.P.?, Caitlin M. McGrail 2021 Villanova University Charles Widger School of Law

"Recognized Stature" Revisited: Could "Community Standards" Rescue Restrictive "Recognized Stature" Definition In Castillo V. G&M Realty L.P.?, Caitlin M. Mcgrail

Villanova Law Review

No abstract provided.


The Public Policy Exception And International Intellectual Property Law, Marketa Trimble 2021 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Public Policy Exception And International Intellectual Property Law, Marketa Trimble

Scholarly Works

No abstract provided.


Small Claims Procedures For Library And Archives Opt-Outs And Class Actions, U.S. Copyright Office, Library of Congress. 2021 University of Nebraska - Lincoln

Small Claims Procedures For Library And Archives Opt-Outs And Class Actions, U.S. Copyright Office, Library Of Congress.

Copyright, Fair Use, Scholarly Communication, etc.

The U.S. Copyright Office is proposing procedures for a library or archive to preemptively opt out of Copyright Claims Board (CCB) proceedings, as directed by the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020. Additionally, the Office is proposing procedures to address a party’s decision to participate in or opt out of a class action arising out of the same transaction or occurrence as a claim before the CCB.

The CASE Act directs the Register to establish regulations allowing a library or archives that does not wish to participate in proceedings before the CCB to preemptively opt ...


Consortial Cdl: Implementing Controlled Digital Lending As A Mechanism For Interlibrary Loan, BLC Controlled Digital Lending Working Group 2021 University of Nebraska - Lincoln

Consortial Cdl: Implementing Controlled Digital Lending As A Mechanism For Interlibrary Loan, Blc Controlled Digital Lending Working Group

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

The Boston Library Consortium (BLC) was founded upon a shared commitment to promote cooperation in making resources more readily available. Consortial controlled digital lending (CDL) powerfully expands and reimagines resource sharing across the consortium.

In September 2020, the BLC Board of Directors convened a CDL Working Group charged with investigating delivery mechanisms, technology, workflows, policies, copyright and legal issues, shared storage solutions, and other actions related to a potential consortial implementation of CDL among interested BLC member libraries.

The Working Group consisted of fourteen representatives from eleven member libraries and the BLC’s Executive Director. For almost twelve months ...


Dramaturgies Of Intellectual Property Law In Read-Write Theatre, Andrew Kircher 2021 The Graduate Center, City University of New York

Dramaturgies Of Intellectual Property Law In Read-Write Theatre, Andrew Kircher

Dissertations, Theses, and Capstone Projects

Digital and networked technologies have intensified our relationship to knowledge: all the world’s information and creativity are so immediately and personally accessible that they become embodied. Into this moment, a new theatrical practice has emerged, what I identify as Read-Write Theatre (after Lawrence Lessig). In Read-Write cultural production, artists sample and speak through the full spectrum of disembodied data that is the internet—text, video, audio, and images. The artists I include in this critical category are marked by their posthuman relationship to knowledge and, most importantly, the ways that their theatrical work confounds contemporary intellectual property law.

In ...


Songwriters V. Spotify: Is Spotify The Problem Or A Symptom Of The Problem?, Mariana L. Orbay 2021 Pepperdine University

Songwriters V. Spotify: Is Spotify The Problem Or A Symptom Of The Problem?, Mariana L. Orbay

Pepperdine Law Review

Today, streaming is the prevailing mode of music consumption. Yet, streaming services are struggling to turn a profit, as songwriters also face significant financial challenges in the streaming era. All the while, record labels are collecting the majority of streaming revenue and seeing record profits. The 2018 Music Modernization Act attempted to address songwriters’ and streaming services’ financial problems by altering the factors considered by the Copyright Royalty Board in determining the mechanical royalty rates owed by streaming platforms to songwriters. A proper application of this newly instated factor test necessitates considering both songwriters’ and streaming services’ business operations and ...


Substantial Similarity’S Silent Death, Daryl Lim 2021 Pepperdine University

Substantial Similarity’S Silent Death, Daryl Lim

Pepperdine Law Review

Copyright litigation involving hit songs like Robin Thicke’s “Blurred Lines,” Justin Bieber and Usher’s “Somebody to Love,” and Led Zeppelin’s “Stairway to Heaven” caused many in the music industry to vex over the line between homage and infringement. When are the two works too similar? To many courts and scholars, substantial similarity is “bizarre,” “ad hoc,” and “a virtual black hole in copyright jurisprudence.” Every creative work borrows some inspiration from other works, whether copyrighted or not. Judging when defendants appropriated too much is an inherently opaque and subjective enterprise, but unraveling its mysteries is critical for ...


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