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The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro 2020 Seattle University School of Law

The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


University Inventions Reconsidered: Debunking The Myth Of University Ownership, Patricia E. Campbell 2020 William & Mary Law School

University Inventions Reconsidered: Debunking The Myth Of University Ownership, Patricia E. Campbell

William & Mary Business Law Review

Most universities today assert ownership rights over all patentable inventions (and many other types of intellectual property) created by members of the university community, including faculty, staff, students, visitors, and others. Universities then attempt to license that intellectual property (IP) to third parties, in order to generate revenue for the university and to give the public the benefit of innovations developed by the institution, often with the use of federal funds. This Article provides an evaluation of the technology transfer policies and practices of U.S. universities. Part I surveys the IP policies of a representative group of universities, showing ...


Will Fast Fashion Go Out Of Style Soon? How Couture Designers, Celebrities, And Luxury Brands Fighting Back May Change The Future Legal Landscape For Mass Affordable Retailers, Vulaj, Elizabeth 2020 Santa Clara Law

Will Fast Fashion Go Out Of Style Soon? How Couture Designers, Celebrities, And Luxury Brands Fighting Back May Change The Future Legal Landscape For Mass Affordable Retailers, Vulaj, Elizabeth

Santa Clara High Technology Law Journal

WILL FAST FASHION GO OUT OF STYLE SOON? HOW COUTURE DESIGNERS, CELEBRITIES, AND LUXURY BRANDS FIGHTING BACK MAY CHANGE THE FUTURE LEGAL LANDSCAPE FOR MASS AFFORDABLE RETAILERS


A Perspective On Technology Education For Law Students, Volini, Anthony 2020 Santa Clara Law

A Perspective On Technology Education For Law Students, Volini, Anthony

Santa Clara High Technology Law Journal

A PERSPECTIVE ON TECHNOLOGY EDUCATION FOR LAW STUDENTS


Cyberdamages, Black, Stephen T. 2020 Santa Clara Law

Cyberdamages, Black, Stephen T.

Santa Clara High Technology Law Journal

CYBERDAMAGES


Old School Goes Online: Exploring Fiduciary Obligations Of Loyalty And Care In The Digital Platforms Era, Whitt, Richard S. 2020 Santa Clara Law

Old School Goes Online: Exploring Fiduciary Obligations Of Loyalty And Care In The Digital Platforms Era, Whitt, Richard S.

Santa Clara High Technology Law Journal

OLD SCHOOL GOES ONLINE: EXPLORING FIDUCIARY OBLIGATIONS OF LOYALTY AND CARE IN THE DIGITAL PLATFORMS ERA


The Implementation Of Artificial Intelligence In Hard And Soft Counterterrorism Efforts On Social Media, Schnader, Jonathan 2020 Santa Clara Law

The Implementation Of Artificial Intelligence In Hard And Soft Counterterrorism Efforts On Social Media, Schnader, Jonathan

Santa Clara High Technology Law Journal

THE IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE IN HARD AND SOFT COUNTERTERRORISM EFFORTS ON SOCIAL MEDIA


Osi 2019 Annual Report, Glenn Hampson 2020 Open Scholarship Initiative

Osi 2019 Annual Report, Glenn Hampson

Copyright, Fair Use, Scholarly Communication, etc.

OSI’s 2019 work focused on building a bridge to 2020—continuing our pivot from being an organization focused on understanding facts and perspectives, to one poised to pursue a significant, global reform agenda. This is a challenge for any group—doubly so for a group like OSI at the pioneering edge of a nebulous field, while also trying to maintain a republic format where all participants are co-equal leaders. OSI’s strategy in 2019 focused primarily on these three agenda items:

1. Find sustainable financing.

2. Help coordinate the construction of a new global roadmap for open.

3. Prepare ...


Patent Eligibility Standard For Network Architecture Patents Under The Federal Circuit’S Jurisprudence, Chen, Ping-Hsun 2020 Santa Clara Law

Patent Eligibility Standard For Network Architecture Patents Under The Federal Circuit’S Jurisprudence, Chen, Ping-Hsun

Santa Clara High Technology Law Journal

PATENT ELIGIBILITY STANDARD FOR NETWORK ARCHITECTURE PATENTS UNDER THE FEDERAL CIRCUIT’S JURISPRUDENCE


Placebo Marks, Jake Linford 2020 Pepperdine University

Placebo Marks, Jake Linford

Pepperdine Law Review

Scholars often complain that sellers use trademarks to manipulate consumer perception. This manipulation ostensibly harms consumers by limiting their ability to make informed choices. For example, holding other things constant, consumers spend more money on goods with a high-performance reputation. Critics characterize that result as wasteful, if not anticompetitive. But recent marketing research shows that trademarks with a high-performance reputation may sometimes influence perception to the benefit of the consumer. A trademark with a high-performance reputation can deliver a performance-enhancing placebo effect. Research subjects perform better at physical and mental tasks when they prepare or play with a product bearing ...


When Trademark Law Met Constitutional Law: How A Commercial Speech Theory Can Save The Lanham Act, Meaghan Annett 2020 Boston College Law School

When Trademark Law Met Constitutional Law: How A Commercial Speech Theory Can Save The Lanham Act, Meaghan Annett

Boston College Law Review

On June 19, 2017, the Supreme Court sent shockwaves through the bedrock of trademark law with its decision in Matal v. Tam. Justice Alito’s majority opinion declared the disparagement clause of the Lanham Act unconstitutional due to viewpoint discrimination. Two years later, on June 24, 2019, in Iancu v. Brunetti, the Court continued to shake the foundation of trademark law by declaring the immoral and scandalous clause of the Lanham Act unconstitutional due to viewpoint discrimination. Both the Tam and the Brunetti Courts, however, provided no enlightenment for practitioners regarding whether trademarks are commercial speech. By failing to answer ...


Discretionary Denials Of Ipr Institution, Jasper Tran, Matthew Chung, David Maiorana, Matthew Johnson 2020 Jones Day

Discretionary Denials Of Ipr Institution, Jasper Tran, Matthew Chung, David Maiorana, Matthew Johnson

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Litigating Invalidity After Ipr Resolution, Libbie DiMarco, Nathan Speed 2020 Wolf Greenfield

Litigating Invalidity After Ipr Resolution, Libbie Dimarco, Nathan Speed

Chicago-Kent Journal of Intellectual Property

It is becoming increasingly apparent that inter partes review (“IPR”) petitioner estoppel after the Patent Trial and Appeal Board (“PTAB”) issues a final written decision can have broad consequences on a petitioner’s invalidity defenses in civil actions. This article will examine the practical impact of IPR estoppel and discuss strategic considerations for IPR parties involved in parallel district court or International Trade Commission (“ITC”) actions. This article will address four main questions : (1) when and how a petitioner can use paper prior art in a § 102 or 103 defense after an unsuccessful IPR; (2) how IPR estoppel may impact ...


The Disappointments Of Networks, Henry Fraser PhD 2020 University of Oxford

The Disappointments Of Networks, Henry Fraser Phd

Chicago-Kent Journal of Intellectual Property

The past 25 years have seen a ‘turn to culture’ in copyright scholarship. This cultural turn has produced an expansive account of copyright’s disadvantages with respect to qualitative cultural and political goals such as: promoting democracy, individual self-authorship, expressive diversity, and more inclusive power distribution in shaping culture and discourse. The prevailing view among proponents of the cultural turn is that copyright stands in the way of the democratisation of creative and discursive spheres online. This article challenges that view. I contend that online, ‘free’ content economies—characterised by peer production, decentralised selection, and peer to peer content sharing ...


Tripping Over The Eu Trade Secret Directive: "Reasonable Steps" To Get Back On Track, Bianca Fox 2020 St. John's University School of Law

Tripping Over The Eu Trade Secret Directive: "Reasonable Steps" To Get Back On Track, Bianca Fox

Chicago-Kent Journal of Intellectual Property

Trade secrets are a crucial tool for global firms today, including those that do business within the European Union (“EU”). The 2016 European Union Trade Secret Directive (“Directive”) attempted to establish uniform trade secret protection across all twenty-eight EU Member States but created problems in its wake. In particular, the Directive put no restrictions on whether Member States could specify certain “reasonable steps” that businesses must take in order to be afforded trade secret protection. This Article argues that Member States should be required to follow the trade secret definition laid out in Article 2 of the Directive and not ...


Into The Woods: A Biologic Patent Thicket Analysis, Jeffrey Wu, Claire Wan-Chiung Cheng 2020 National Chengchi University in Taiwan

Into The Woods: A Biologic Patent Thicket Analysis, Jeffrey Wu, Claire Wan-Chiung Cheng

Chicago-Kent Journal of Intellectual Property

Some drug companies, brand biologic companies, in particular, have been accused of covering only a single drug with more than eighty patents. These drug patents accumulate to what critics claim as one of the major culprits of high drug prices— “patent thickets.” However, current literature mostly focuses on the substantial patent counts and less on the characteristics and the causes of these patent thickets; but to effectively understand and tackle this issue, more thorough discussions are necessary. This article aims to provide further insight into this issue by analyzing and comparing the U.S. patents that cover top-selling biologics and ...


Perfecting U.S. Patentable Subject Matter - Merging The European Approach And The American Principles, Ilija Ilijovski 2020 Illinois Insitute of Technology Chicago-Kent School of Law

Perfecting U.S. Patentable Subject Matter - Merging The European Approach And The American Principles, Ilija Ilijovski

Chicago-Kent Journal of Intellectual Property

This article illuminates the recent developments in the field of the subject matter eligibility of the inventions and offers a resolution to the crucial issues in the field. The solution for resolving of the crucial issues combines the current U.S. approach of affirmative defining of the scope of the subject matter of the patents and the approach of the European Patent Convention, of both affirmative and negative defining of the patentable subject matter. In particular, the article provides a draft legislation as a more sustainable and precise solution that emerged from the comparison between the experience of the participants ...


German Law On Patent Injunctions: Legal Framework And Recent Developments, Peter Picht PhD 2020 University of Zurich; Max Planck Institute for Innovation and Competition

German Law On Patent Injunctions: Legal Framework And Recent Developments, Peter Picht Phd

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Safeguarding Fair Use Through First Amendment's Asymmetric Constitutional Fact Review, Amanda Reid 2020 William & Mary Law School

Safeguarding Fair Use Through First Amendment's Asymmetric Constitutional Fact Review, Amanda Reid

William & Mary Bill of Rights Journal

This Article proposes a novel procedural safeguard for copyright fair use. Two courts recently overturned jury verdicts on the question of fair use. In Corbello v. De Vito, the trial court overturned a jury verdict that had rejected a fair use defense. In Oracle America, Inc. v. Google LLC, the Federal Circuit reversed a jury verdictthat had found in favor of a defendant's fair use defense. While this Article offers a new perspective on these cases, the main goal is more ambitious: a theoretical framework to heighten protection for the free expression interests of users of copyrighted works. Specifically ...


Dear President Trump,, Coalition of Open Access Policy Institutions (COAPI) 2020 University of Nebraska - Lincoln

Dear President Trump,, Coalition Of Open Access Policy Institutions (Coapi)

Copyright, Fair Use, Scholarly Communication, etc.

We strongly endorse updating existing U.S. policy to eliminate the current 12-month embargo period on articles that report on publicly funded research, as instituted by the Obama administration, and to ensure that they are made immediately available to the public.


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