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

Intellectual Property Law Commons

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

10896 Full-Text Articles 6837 Authors 4431784 Downloads 161 Institutions

All Articles in Intellectual Property Law

Faceted Search

10896 full-text articles. Page 1 of 316.

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 ...


Private Law And The Future Of Patents, Oskar Liivak 2017 Cornell Law School

Private Law And The Future Of Patents, Oskar Liivak

Oskar Liivak

As it operates today, patent law does not qualify as private law and, without change, I doubt it ever will. For some, this is as it should be and any private law aspects that remain in the patent system should be purged. The basic argument is that the dominant theory of patents is just not compatible with private law and patent doctrine should reflect a pure public law theoretical basis. I agree that today's dominant patent theory is incompatible with private law principles. Yet agreeing with that inherent incompatibility does not imply that doctrine needs to be reformed. There ...


Reevaluating Intellectual Property Law In A 3d Printing Era., Lucas S. Osborn 2017 Campbell University School of Law

Reevaluating Intellectual Property Law In A 3d Printing Era., Lucas S. Osborn

Lucas S. Osborn

No abstract provided.


Background Note: Standard Essential Patents, Innovation And Competition: Challenges In India, Arpan Banerjee 2017 Maurer School of Law: Indiana University

Background Note: Standard Essential Patents, Innovation And Competition: Challenges In India, Arpan Banerjee

IP Theory

In September 2014, a few months after a landslide election victory, the Indian Prime Minister Narendra Modi announced the launch of “Make in India,” an ambitious program designed to turn India into a global manufacturing hub. One of the factors widely thought to be responsible for Modi’s victory was support from India’s “neo-middle class”—a young, newly- urbanized section of the electorate seeking employment and improved living standards but struggling amidst an economic downturn. In a speech inaugurating Make in India, Modi linked the program with the aspirations of this section of society. Modi stated the need to ...


Rethinking Ucita: Lessons From The Open Source Movement, Matthew D. Stein 2017 University of Maine School of Law

Rethinking Ucita: Lessons From The Open Source Movement, Matthew D. Stein

Maine Law Review

For those within the information technology (IT) industry, the phrase “open source” has been as prominent at water cooler and boardroom discussions over the last several years as the phrase “out source.” Open source is at once a software development model, a business model, a social movement, and a philosophy that has recently garnered attention from outside of the IT sphere. As such, the topic has become increasingly fertile ground for academic scholarship from several disciplines. Economists, legal academics and practitioners, computer engineers, and social commentators have offered their varying perspectives on open source software. Whether or not this attention ...


New Wine, Old Wineskins: Application Of Intellectual Property Law To Web-Based Activity, Katherine G. Grincewich, Esq. 2017 St. John's University School of Law

New Wine, Old Wineskins: Application Of Intellectual Property Law To Web-Based Activity, Katherine G. Grincewich, Esq.

The Catholic Lawyer

No abstract provided.


You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol 2017 Southern Methodist University

You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol

Science and Technology Law Review

No abstract provided.


Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn 2017 Southern Methodist University

Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn

Science and Technology Law Review

No abstract provided.


Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryyanen England 2017 Southern Methodist University

Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryyanen England

Science and Technology Law Review

No abstract provided.


Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness 2017 Northern Illinois University College of Law

Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness

Science and Technology Law Review

Current Issue

Volume 20, Number 1 – The Privacy, Probability, and Political Pitfalls of Universal DNA Collection

Meghan J. Ryan 20 SMU Sci. & Tech. L. Rev. 3 Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered as the “gold standard” in criminal cases because, unlike eyewitness testimony, bite-mark evidence, hair analysis, and the like, it is considered nearly infallible. This potency of DNA evidence has led to suggestions that we, as a nation, should magnify the power of DNA by increasing the size ...


The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy 2017 Texas Tech University School of Law

The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy

Science and Technology Law Review

No abstract provided.


The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan 2017 Southern Methodist University

The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan

Science and Technology Law Review

Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered ...


Front Matter, 2017 Southern Methodist University

Front Matter

Science and Technology Law Review

No abstract provided.


Fair Dealing On Trial, Lisa Di Valentino 2017 University of Massachusetts Amherst

Fair Dealing On Trial, Lisa Di Valentino

Lisa Di Valentino

Discusses and critiques Access Copyright v. York University, 2017 FC 669, a Federal Court of Canada decision that addresses fair dealing policy and practice at a major university.


Common Copyright Calamities, G. Franklin Rothwell, Esq. 2017 St. John's University School of Law

Common Copyright Calamities, G. Franklin Rothwell, Esq.

The Catholic Lawyer

No abstract provided.


At&T V. Microsoft: Is This A Case Of Deepsouth Déjà Vu?, Christopher R. Rogers 2017 University of Maine School of Law

At&T V. Microsoft: Is This A Case Of Deepsouth Déjà Vu?, Christopher R. Rogers

Maine Law Review

It has been stated many times by various courts that the patent laws of the United States do not reach beyond the borders of the United States. In an age of expanding world commerce, the territorial reach of our patent laws has sometimes made it difficult for U.S. inventors to meaningfully protect their intellectual property. For example, the Supreme Court holding in Deepsouth Packing Co. v. Laitram Corp. opened up a loophole that allowed unlicensed U.S. manufacturers to essentially export patented inventions, thereby trampling on the patent rights of U.S. patent holders selling to foreign markets. The ...


Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn 2017 University of Maine School of Law

Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn

Maine Law Review

The Copyright Act establishes protection for original, creative works of authorship as a means of providing ex ante incentives for creativity. But how real is that protection? Imagine that you have written a script and managed to have your play produced in a local community theater. A few years later, you find that a major Hollywood studio has taken your script, adapted it slightly, and made it into the next summer blockbuster, raking in millions without ever obtaining a license from you. Of course, you can sue them for infringement. But how much will that litigation cost and what are ...


Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Osenga 2017 University of Maine School of Law

Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Osenga

Maine Law Review

Universities are typically considered to have two complementary goals: providing education and performing research. While the determination of which objective deserves primacy has long been debated and is not within the scope of this paper, it is indisputable that productive research serves to further a university's goal of education, both directly by adding to the body of knowledge to be dispensed to the students and indirectly by increasing the university's prestige, thereby attracting lucrative grants, quality students, and competitive faculty members to the university. It is, at the very least, safe to say that research is the heart ...


Digital Commons powered by bepress