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Intellectual Property Law Commons

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All Articles in Intellectual Property Law

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Trademark Boundaries And 3d Printing, Lucas S. Osborn 2017 The University of Akron

Trademark Boundaries And 3d Printing, Lucas S. Osborn

Akron Law Review

3D printing technology promises to disrupt trademark law at the same time that trademark law and policy sustain repeated criticism. The controversial growth of trademark law over the last century has yielded amorphous sponsorship and affiliation confusion issues and empirically fragile post-sale and initial-interest confusion theories, among others. Into this melee marches 3D printing technology, which dissociates the process of design from that of manufacturing and democratizes manufacturing. Rather than being embodied only in physical objects, design is embodied in digital CAD files that users can post and sell on the internet. The digitization of physical objects raises fundamental questions ...


Charitable Trademarks, Leah Chan Grinvald 2017 The University of Akron

Charitable Trademarks, Leah Chan Grinvald

Akron Law Review

Charity is big business in the United States. In 2015, private individuals or entities donated over $350 billion, which accounted for approximately two percent of the gross domestic product in the United States. Even though this seems like big money, these donations were split among over 1.5 million organizations. And each year, the number of charitable organizations grows and therefore, the competition for public donations increases. In part to succeed in such competition, some charitable organizations have turned to branding and trademarks as a way to differentiate their entities and to encourage donations. Drawing from the for-profit branding and ...


Redefining The Intended Copyright Infringer, Yvette Joy Liebesman 2017 The University of Akron

Redefining The Intended Copyright Infringer, Yvette Joy Liebesman

Akron Law Review

The contemporary copyright infringer is pretty much anyone who can get caught. Yet, who could be caught back when the Copyright Act of 1976 was enacted is just a subset of those who can be caught today—we had very different concepts about who was the intended target of an infringement action than who fits into that mold today. The advent and growth of cyberspace communication now makes it both easier to infringe and for IP owners, with very little effort, to capture infringers. The ability of individuals to both easily infringe and easily be found infringing has altered the ...


Copyright Easements, Jason Mazzone 2017 The University of Akron

Copyright Easements, Jason Mazzone

Akron Law Review

When authors assign the copyright in their work to publishers, some productive uses of the work are impeded. The author loses opportunities to use or to authorize others to use the work unless the publisher consents; the publisher does not permit all uses of the work that the author would like or that would benefit a consuming audience. Copyright easements can solve the problem. Under a system of copyright easements, an easement holder would have designated rights in a creative work that would permit uses of the work that would ordinarily require permission of the copyright owner. If the author ...


Reconsidering Experimental Use, Rochelle Cooper Dreyfuss 2017 The University of Akron

Reconsidering Experimental Use, Rochelle Cooper Dreyfuss

Akron Law Review

In the years since the Supreme Court began to narrow the scope of patentable subject matter, uncertainties in the law have had a deleterious impact on several important innovation sectors, including, in particular, the life sciences industry. There are now initiatives to expand patentable subject matter legislatively. In this article, I suggest that the Supreme Court’s jurisprudence is an outgrowth of the concern that patents on fundamental discoveries impede scientific research. To deal with that issue, any measure to expand the subject matter of patenting should be coupled with a parallel expansion of defenses to infringement liability, including the ...


Patent Submission Policies, Ryan T. Holte 2017 The University of Akron

Patent Submission Policies, Ryan T. Holte

Akron Law Review

This Article focuses on the early stage of commercialization communication when a third-party inventor owns an invention protected by a patent that a manufacturer-commercializer may profit from producing—long before any allegation of infringement or litigation. These submission-review communications by unaffiliated third parties are covered by corporate policies known as “patent submission policies.” They are the figurative “front doors” to a company for any third-party inventor, crucial to the commercialization of inventions generally. Unfortunately, patent submission policies have thus far remained unstudied in legal academic scholarship.

This Article collects and analyzes the current variations of patent submission policies adopted by ...


The Ttab Should Drink A Beer And Relax: Implications For Trademark Consent Agreements In The Craft Brewing Industry After In Re Bay State Brewing Company, Inc., Spencer T. Wiles 2017 Washington and Lee University School of Law

The Ttab Should Drink A Beer And Relax: Implications For Trademark Consent Agreements In The Craft Brewing Industry After In Re Bay State Brewing Company, Inc., Spencer T. Wiles

Washington and Lee Law Review Online

No abstract provided.


Cls Band International V. Alice Corp. Pty. Ltd.: Determining A Standard For Abstract Idea Patent Eligibility, Zachary Lee 2017 University of Oklahoma College of Law

Cls Band International V. Alice Corp. Pty. Ltd.: Determining A Standard For Abstract Idea Patent Eligibility, Zachary Lee

Oklahoma Journal of Law and Technology

No abstract provided.


"It's A Trap": Cdna Is Patent Eligible? But Is It Patentable?, Jeremy McKinney 2017 University of Oklahoma College of Law

"It's A Trap": Cdna Is Patent Eligible? But Is It Patentable?, Jeremy Mckinney

Oklahoma Journal of Law and Technology

No abstract provided.


Post-Myriad Genetics Copyright Of Synthetic Biology And Living Media, Michael D. Murray 2017 University of Oklahoma College of Law

Post-Myriad Genetics Copyright Of Synthetic Biology And Living Media, Michael D. Murray

Oklahoma Journal of Law and Technology

No abstract provided.


Reasonable Patent Exhaustion, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Reasonable Patent Exhaustion, Herbert J. Hovenkamp

Faculty Scholarship

A lengthy tug of war between the Supreme Court and the Federal Circuit Court of Appeals may have ended when the Supreme Court held that the sale of a patented article exhausts the patentee seller’s rights to enforce restrictions on that article through patent infringement suits. Further, reversing the Federal Circuit, the parties cannot bargain around this rule through the seller’s specification of conditions stated at the time of sale, no matter how clear. No inquiry need be made into the patentee’s market power, anticompetitive effects, or other types of harms, whether enforcement of the condition is ...


Nasig Core Competencies For Scholarly Communication Librarians, Andrew Wesolek, Wm. Joseph Thomas, Angela Dresselhaus, Julie Fielding, Char Simser, Sarah Sutton, Jason Boczar, Rachel Miles, Stephanie Spratt, Wendy Robertson, Betsy Appleton 2017 Clemson University

Nasig Core Competencies For Scholarly Communication Librarians, Andrew Wesolek, Wm. Joseph Thomas, Angela Dresselhaus, Julie Fielding, Char Simser, Sarah Sutton, Jason Boczar, Rachel Miles, Stephanie Spratt, Wendy Robertson, Betsy Appleton

Copyright, Fair Use, Scholarly Communication, etc.

The following Core Competencies for Scholarly Communication Librarians were developed out of research and discussion conducted by the NASIG Scholarly Communication Core Competencies Task Force. Scholarly communication is defined by ACRL as “the system through which research and other scholarly writings are created, evaluated for quality, disseminated to the scholarly community, and preserved for future use. The system includes both formal means of communication, such as publication in peer-reviewed journals, and informal channels, such as electronic listservs (Association of College & Research Libraries, “Principles and Strategies for the Reform of Scholarly Communication 1,” 2003). The specific duties of the scholarly communication ...


Confusion Abounds Regarding Patent Eligibility Within The Biotechnology Community, Foster Dobry 2017 University of Oklahoma College of Law

Confusion Abounds Regarding Patent Eligibility Within The Biotechnology Community, Foster Dobry

Oklahoma Journal of Law and Technology

No abstract provided.


Bridgemen Art Library, Ltd. V. Corel Corporation Revisited: Authors Guild V. Hathitrust And The New Frontier Of Fair Use, Caitlin A. Buxton 2017 University of Oklahoma College of Law

Bridgemen Art Library, Ltd. V. Corel Corporation Revisited: Authors Guild V. Hathitrust And The New Frontier Of Fair Use, Caitlin A. Buxton

Oklahoma Journal of Law and Technology

No abstract provided.


Print Your Own Pandora's Box: 3d Printing, Intellectual Property Law, And The Internet For Lay-Lawyers, Adam Lewental 2017 University of Missouri School of Law

Print Your Own Pandora's Box: 3d Printing, Intellectual Property Law, And The Internet For Lay-Lawyers, Adam Lewental

The Business, Entrepreneurship & Tax Law Review

No abstract provided.


Copyright Ownership—Even Iron Man Couldn’T Protect The Work For Hire Doctrine From Third-Party Infringers, Elizabeth Vinson 2017 Southern Methodist University

Copyright Ownership—Even Iron Man Couldn’T Protect The Work For Hire Doctrine From Third-Party Infringers, Elizabeth Vinson

SMU Law Review

No abstract provided.


Strategies For Teaching Copyright & Fair Use In Academic Libraries, Emily Jonhson 2017 University of North Texas Health Science Center at Fort Worth

Strategies For Teaching Copyright & Fair Use In Academic Libraries, Emily Jonhson

Library Instruction

This document presents five strategies that librarians can use to teach copyright and fair use at an academic library. It is especially helpful for those with little or no experience in teaching these subjects.


Metadata And Copyright: Should Institutions License Their Data About Scholarship?, Krista L. Cox 2017 Association of Research Libraries

Metadata And Copyright: Should Institutions License Their Data About Scholarship?, Krista L. Cox

Copyright, Fair Use, Scholarly Communication, etc.

Institutions have a number of options for how to treat metadata while encouraging widespread use and sharing. Some institutions may determine that no license is necessary to openly share metadata, taking the position that the metadata they produce is not copyrightable. Others might share it using a CC0 license or CC0 with additional guidelines. In determining how to share metadata, institutions should consider possible cross-border implications as well as the potential that what is defined as metadata could grow in breadth and raise additional copyright concerns. Additionally, institutions should take into account the benefit that clear and easy-to-understand policies provide ...


Using Fair Use To Preserve And Share Disappearing Government Information, William Cross 2017 North Carolina State University

Using Fair Use To Preserve And Share Disappearing Government Information, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

Access to government information is a fundamental principle in a democratic society. Particularly in the digital environment, government information is a driver for economic and social progress as well as a predicate for an informed citizenry. From 2009 through 2016, open government was a hallmark of the Obama administration, which observed that, “openness in government strengthens our democracy, promotes the delivery of efficient and effective services to the public, and contributes to economic growth.” Libraries and archives have historically served as stewards of government documents, and in recent years, these institutions have paid special attention to the unique vulnerability of ...


Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini 2017 Penn State Law

Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini

Arbitration Law Review

No abstract provided.


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