Ten Myths Around Open Scholarly Publishing, 2019 IGDORE, Leicester, United Kingdom
Ten Myths Around Open Scholarly Publishing, Jonathan P. Tennant, Harry Crane, Tom Crick, Jacinto Davila, Asura Enkhbayar, Johanna Havemann, Bianca Kramer, Ryan Martin, Paola Masuzzo, Andy Nobes, Curt Rice, Bárbara R. López, Tony Ross-Hellauer, Susanne Sattler, Paul Thacker, Marc Vanholsbeeck
Copyright, Fair Use, Scholarly Communication, etc.
The changing world of scholarly communication and the emergence of ‘Open Science’ or ‘Open Research’ has brought to light a number of controversial and hotly-debated topics. Yet, evidence-based rational debate is regularly drowned out by misinformed or exaggerated rhetoric, which does not benefit the evolving system of scholarly communication. The aim of this article is to provide a baseline evidence framework for ten of the most contested topics, in order to help frame and move forward discussions, practices and policies. We address preprints and scooping, the practice of copyright transfer, the function of peer review, and the legitimacy of ‘global ...
Data Exclusivities In The Age Of Big Data, Biologics, And Plurilaterals, 2019 Texas A&M University School of Law
Data Exclusivities In The Age Of Big Data, Biologics, And Plurilaterals, Peter K. Yu
Peter K. Yu
The past decade has seen many new developments impacting the intellectual property system. The introduction of big data analytics has transformed the fields of biotechnology and bioinformatics while ushering in major advances in drug development, clinical practices, and medical financing. The arrival of biologics and personalized medicines has also revolutionized the healthcare and pharmaceutical industries. In addition, the emergence of bilateral, regional, and plurilateral trade agreements have raised serious, and at times difficult, questions concerning the evolution of domestic and international intellectual property standards.
One topic linking all three developments together concerns the establishment of international standards to protect clinical ...
Chocolate, Fashion, Toys And Cabs: The Misunderstood Distinctiveness Of Non-Traditional Trademarks, 2019 Texas A&M University School of Law
Chocolate, Fashion, Toys And Cabs: The Misunderstood Distinctiveness Of Non-Traditional Trademarks, Irene Calboli
What do Cadbury, Toblerone and Kit-Kat chocolates, the Rubik’s Cube and Lego mini-figurine toys, Louboutin shoes, Bottega Veneta bags and London Taxi Company cabs all have in common? These products have been, along with several others, protagonists of the rising trend of registering shapes and other non-traditional trademarks in a variety of countries, and then, in several cases, protagonist of ensuing litigation addressing the validity of these marks. To a large extent, the review panels and the courts involved in these cases have declared several of these marks invalid or have reduced their scope considerably. Hence, these ...
Copyright Policy As Catalyst And Barrier To Innovation And Free Expression, 2019 The Catholic University of America, Columbus School of Law
Copyright Policy As Catalyst And Barrier To Innovation And Free Expression, Amanda Reid
Catholic University Law Review
At its core, copyright is an innovation policy, a competition policy, and a free expression policy. Copyright seeks to balance incentivizing a public good with providing a private interest. Copyright’s purpose to catalyze creative expression and innovation is canonical; creativity and innovation are synergetic. Copyright is a means of promoting progress; copyright is not an end in itself. Much like freedom of expression and new innovations are not ends in themselves, copyright protection is not for its own sake. Freedom of expression is often heralded as a means of fostering democratic self-governance, truth, and happiness. Innovation is seen as ...
Full Cost In Translation: Awarding Expert Witness Fees In Copyright Litigation, 2019 Fordham University School of Law
Full Cost In Translation: Awarding Expert Witness Fees In Copyright Litigation, Nicholas Vennekotter
Fordham Law Review
When deciding whether to bring or defend against copyright infringement claims, the cost of litigation plays a critical role in the minds of potential litigants. The cost of retaining experts, particularly, is a large factor in this calculus. Although U.S. courts generally require each party to cover the cost of their own legal fees during litigation, the Copyright Act of 1976 permits courts, in their discretion, to allow the prevailing party to recover “full costs.” Yet, the language “full costs” is considered ambiguous, which leads to inconsistent awards of costs among the appellate courts. The circuits disagree whether the ...
You Gotta Fight For Your Right To Repair: The Digital Millennium Copyright Act’S Effect On Right-To-Repair Legislation, 2019 Texas A&M University School of Law (Student)
You Gotta Fight For Your Right To Repair: The Digital Millennium Copyright Act’S Effect On Right-To-Repair Legislation, Daniel Moore
Texas A&M Law Review
Consumers are keeping their electronic devices longer today than in the past because the prices of the devices have increased. Increased prices have culminated in more consumers needing their devices repaired. In turn, manufacturers use the Digital Millennium Copyright Act, a federal law, and digital rights management to force consumers to get their devices repaired by either the device manufacturer or one of its authorized repairers. In response, states have considered right-to-repair laws which require manufacturers to make repair tools, equipment, and software available to device owners and independent repair shops. While almost half of the country’s state legislatures ...
Copyright And The Music Modernization Act, 2019 University of Colorado at Boulder
Copyright And The Music Modernization Act, Eric Harbeson
American Music Research Center Faculty Contributions
The Music Modernization Act of 2018 is the most significant update to U.S. copyright law in many decades. Title 2 of the Act provides a long-needed, if imperfect, solution to a longstanding problem surrounding recordings fixed before Feb. 15, 1972. The article provides a summary of the key provisions in the new act, and how they may affect the work of archivists.
Does Patented Information Promote The Progress Of Technology?, 2019 Northwestern Pritzker School of Law
Does Patented Information Promote The Progress Of Technology?, Jonathan H. Ashtor
Northwestern University Law Review
This Article investigates the relationship between the exclusive rights of patents, their information disclosures, and the impact they have on the development of future technologies. An examination of over 1000 patents that courts have held valid or invalid reveals a significant positive relationship. Specifically, the private rights and technological impact of patents rise and fall together, and moreover, both are related to the quantity of new and useful technical information contained in their disclosures.
This Article identifies, for the first time, significant differences between the technological impact of valid patents and invalid patents, as measured by the future patented inventions ...
Right On Time: First Possession In Property And Intellectual Property, 2019 William & Mary Law School
Right On Time: First Possession In Property And Intellectual Property, Dotan Oliar, James Y. Stern
How should we allocate property rights in unowned tangible and intangible resources? This Article develops a model of original acquisition that draws together common law doctrines of first possession with original acquisition doctrines in patent, copyright, and trademark law. The common denominator is time: in each context, doctrine involves a trade-off between assigning entitlements to resources earlier or later in the process of their development and use. Early awards risk granting exclusivity to parties who may not be capable of putting resources to their best use. Late awards prolong contests for ownership, which may generate waste or discourage acquisition efforts ...
Who Decides Fair Use–Judge Or Jury?, 2019 University of Washington School of Law
Who Decides Fair Use–Judge Or Jury?, Ned Snow
Washington Law Review
For more than two-hundred years, the issue of fair use has been the province of the jury. That recently changed when the Federal Circuit Court of Appeals decided Oracle America, Inc. v. Google LLC. At issue was whether Google fairly used portions of Oracle’s computer software when Google created an operating system for smartphones. The jury found Google’s use to be fair, but the Federal Circuit reversed. Importantly, the Federal Circuit applied a de novo standard of review to reach its conclusion, departing from centuries of precedent. Oracle raises a fundamental question in jurisprudence: Who should decide an ...
Stealing Swagger: Nfl End Zone Celebrations And Fortnite's Fortune, 2019 University of Washington School of Law
Stealing Swagger: Nfl End Zone Celebrations And Fortnite's Fortune, Alex Avakiantz
Washington Law Review
Football is a staple in many American households: each week, millions watch the game. Every year, National Football League athletes benefit by taking advantage of this passion, not only by earning millions of dollars in salary, but also by signing lucrative endorsement deals. While success on the field is a starting point, an athlete with a captivating personality stands to gain even more financially. A unique end zone celebration that captures fans’ hearts contributes to that personality and makes the player more marketable. In 2017, after announcing plans to relax the rules against end zone celebrations, the National Football League ...
Patent Law And The Emigration Of Innovation, 2019 University of Washington School of Law
Patent Law And The Emigration Of Innovation, Gregory Day, Steven Udick
Washington Law Review
Legislators and industry leaders claim that patent strength in the United States has declined, causing firms to innovate in foreign countries. Because, however, patent law is bound by strict territorial limitations, one cannot strengthen patent protection by innovating abroad; as a result, scholarship has largely dismissed the theory that foreign patents have any effect on where firms invent. In essence, then, there is a debate pitting industry leaders against scholarship about whether firms can use offshore innovation to secure stronger patent rights, influencing the rate of innovation. To resolve this puzzle, we offer a novel theory of patent rights—which ...
Thoughts On Patents And Information Literacy, 2019 Purdue University
Thoughts On Patents And Information Literacy, Dave Zwicky
Journal of the Patent and Trademark Resource Center Association
Patents are an under-used information source, in part because of an often-narrow focus by patent librarians on the tools and techniques of patentability searching. This approach can ignore a range of potential applications of patent information, using patents in their contexts as technical, design, historical, legal, and commercial documents. This paper suggests the adoption of a flexible approach, viewing patents and patent information in the greater context of information literacy, including that of the Association of College and Research Libraries’ Framework for Information Literacy for Higher Education, more commonly known as the ACRL Framework.
The Supreme Court Bar At The Bar Of Patents, 2019 Boston University School of Law
The Supreme Court Bar At The Bar Of Patents, Paul Gugliuzza
Over the past two decades, a few dozen lawyers have come to dominate practice before the U.S. Supreme Court. By many accounts, these elite lawyers—whose clients are often among the largest corporations in the world—have spurred the Court to hear more cases that businesses care about and to decide those cases in favor of their clients. The Supreme Court’s recent case law on antitrust, arbitration, punitive damages, class actions, and more provides copious examples.
Though it is often overlooked in discussions of the emergent Supreme Court bar, patent law is another area in which the Court ...
"Good Faith" Trademark Infringement: The Ninth Circuit's Approach To The Tea Rose-Rectanus Doctrine, 2019 Boston College Law School
"Good Faith" Trademark Infringement: The Ninth Circuit's Approach To The Tea Rose-Rectanus Doctrine, Roya Tabibi
Boston College Law Review
In 2017, the United States Court of Appeals for the Ninth Circuit held in Stone Creek, Inc. v. Omnia Italian Design, Inc. that the “good faith” element of the Tea Rose-Rectanus doctrine, a common-law affirmative defense to trademark infringement, requires the junior user to have used the trademark without knowledge of the senior user’s prior use of the mark. This ruling echoed the Seventh Circuit’s similar finding in 1982 in Money Store v. Harriscorp Finance, Inc., and the Eighth Circuit’s finding in 2001 in National Association for Healthcare Communications, Inc. v. Central Arkansas Area Agency on Aging ...
Specialized Trial Courts In Patent Litigation: A Review Of The Patent Pilot Program's Impact On Appellate Reversal Rates At The Five-Year Mark, Amy Semet
Boston College Law Review
Do specialized trial court judges make more accurate decisions in patent law cases? In 2011, Congress passed a law setting up a ten-year pilot program to enhance expertise in patent litigation by funneling more trial court decisions to fourteen select district courts. Now that the five-year mark has passed, has the program had its intended effect of increasing accuracy, as measured by less reversal of pilot judges by the Federal Circuit? This Article analyzes trial court patent cases filed from September 2011 through September 2016, focusing specifically on whether the appellate treatment of cases heard by district court judges participating ...
Antitrust Overreach: Undoing Cooperative Standardization In The Digital Economy, 2019 University of Southern California
Antitrust Overreach: Undoing Cooperative Standardization In The Digital Economy, Jonathan M. Barnett
University of Southern California Legal Studies Working Paper Series
Information technology markets in general, and wireless communications markets in particular, rely on standardization mechanisms to develop interoperable devices for rapid and secure data processing, storage and transmission. From 2G through the emergent 5G standard, wireless communications markets have largely achieved standardization through cooperative multi-firm arrangements that likely outperform the historically dominant alternatives of government monopoly, which is subject to informational deficits and regulatory capture, and private monopoly, which suffers from pricing and other distortions inherent to protected market positions. This cooperative process has successfully relied on a mix of reasonably secure patents, quasi-contractual licensing commitments supplemented by reputational discipline ...
Artificial Intelligence And Patent Ownership, 2019 Oklahoma State University
Artificial Intelligence And Patent Ownership, W. Michael Schuster
Washington and Lee Law Review
Invention by artificial intelligence (AI) is the future of innovation. Unfortunately, as discovered through Freedom of Information Act requests, the U.S. patent regime has yet to determine how it will address patents for inventions created solely by AI (AI patents). This Article fills that void by presenting the first comprehensive analysis on the allocation of patent rights arising from invention by AI. To this end, this Article employs Coase Theorem and its corollaries to determine who should be allowed to secure these patents to maximize economic efficiency. The study concludes that letting firms using AI to create new technologies ...
Table Of Contents, 2019 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Facing The Inevitable: The Inevitable Disclosure Doctrine And The Defend Trade Secrets Act Of 2016, 2019 Washington and Lee University School of Law
Facing The Inevitable: The Inevitable Disclosure Doctrine And The Defend Trade Secrets Act Of 2016, M. Claire Flowers
Washington and Lee Law Review
Multiple federal courts have recognized and applied the inevitable disclosure doctrine in cases brought by employers against former employees under the DTSA. The inevitable disclosure doctrine allows a business to temporarily enjoin the new employment of a former employee by a competitor on the theory that the employee learned confidential information while working for that business which the employee cannot possibly forget or refrain from relying on during her employment with the competitor. The application of this doctrine under the DTSA is controversial for two reasons. First, some states refuse to recognize the inevitable disclosure doctrine due, in part, to ...