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Intellectual Property Law Commons

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All Articles in Intellectual Property Law

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A Look At The Supreme Court Justices’ Individual Biases Toward Copyright Law: Prediction And Reflection On The Golan V. Holder Decision, Elizabeth F. Jackson 2012 American University Washington College of Law

A Look At The Supreme Court Justices’ Individual Biases Toward Copyright Law: Prediction And Reflection On The Golan V. Holder Decision, Elizabeth F. Jackson

Intellectual Property Brief

No abstract provided.


When Patent Offices Become Captain Planet: Green Technology And Accelerated Patent Examination Programs In The United States And Abroad, Amanda Patton 2012 American University Washington College of Law

When Patent Offices Become Captain Planet: Green Technology And Accelerated Patent Examination Programs In The United States And Abroad, Amanda Patton

Intellectual Property Brief

No abstract provided.


Music As Biotech: Remixing The Ubmta For Use With Digital Samples, Adam G. Holofcener 2012 American University Washington College of Law

Music As Biotech: Remixing The Ubmta For Use With Digital Samples, Adam G. Holofcener

Intellectual Property Brief

No abstract provided.


Beta-Testing The “Particular Machine”: The Machine-Or-Transformation Test In Peril And Its Impact On Cloud Computing, Richard M. Lee 2012 Duke Law

Beta-Testing The “Particular Machine”: The Machine-Or-Transformation Test In Peril And Its Impact On Cloud Computing, Richard M. Lee

Duke Law & Technology Review

This Issue Brief examines recent cases addressing the patent eligibility of computer-implemented method claims and their implications for the development of cloud computing technologies. Despite the Supreme Court’s refusal to endorse the machine-or-transformation test as the exclusive patent eligibility inquiry, lower courts have continued to invalidate method claims using a stringent “particular machine” requirement alongside the requisite abstract ideas analysis. This Issue Brief argues that 1) post-Bilski v. Kappos cases have failed to elucidate what constitutes a particular machine for computer-implemented methods; 2) in light of substantial variance among Federal Circuit judges’ Section 101 jurisprudence, the application of the particular …


District Court: Final Order (2012), Orinda Evans 2012 Georgia State University

District Court: Final Order (2012), Orinda Evans

Georgia State University Copyright Lawsuit

No abstract provided.


Copyright As An Engine Of Censorship, Peter Yu 2012 Texas A&M University School of Law

Copyright As An Engine Of Censorship, Peter Yu

Peter K. Yu

No abstract provided.


Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin 2012 University of Göteborg

Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin

Mathias Klang

Three centuries have passed since copyright law was developed to stimulate creativity and promote learning. The fundamental principles still apply, despite radical developments in the technology of production and distribution of cultural material. In particular the last decades’ developments and adoption of ICTs have drastically lowered barriers, which previously prevented entry into the production and distribution side of the cultural marketplace, and led to a widening of the base at which cultural production occurs and is disseminated. Additionally, digitalisation has made it economically and technically feasible for users to appropriate and manipulate earlier works as method of production. The renegotiation …


This Sporting Life: Copyright Law And Consumer Rights, Matthew Rimmer 2012 Australian National University College of Law

This Sporting Life: Copyright Law And Consumer Rights, Matthew Rimmer

Matthew Rimmer

When too much sport is not enoughH.G. Nelson and Roy SlavenSport occupies an anomalous position under Australian copyright law. A footballer like Gary Ablett Junior is not an author under copyright law. A sporting spectacle like the AFL Grand Final or the State of Origin is not a dramatic work. Sporting events are protected somewhat peripherally as television broadcasts under Australian copyright law. Nonetheless, sports organizations have engaged in special pleading in respect of intellectual property law. This has been particularly evident in the litigation between Optus, the National Rugby League, and the Australian Football League.


Reassessing Damage Remedy To Online Copyright Infringement, Yang Sun 2012 Indiana University Maurer School of Law

Reassessing Damage Remedy To Online Copyright Infringement, Yang Sun

Maurer Theses and Dissertations

No abstract provided.


Moderating Mayo, Bernard Chao 2012 Northwestern Pritzker School of Law

Moderating Mayo, Bernard Chao

NULR Online

No abstract provided.


Cross-Border Ip Infringement: Patents, Marketa Trimble 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Cross-Border Ip Infringement: Patents, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these materials at the CASRIP 20th Anniversary / IP LLM 10th Anniversary IP-across Topic Scholarship Conference on July 28, 2012.


From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho 2012 Selected Works

From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho

Cynthia M Ho

No abstract provided.


Hart V Finnis: How Will Positivism And Natural Law Account For The Socio-Legal Paradigm In Wikipedia, Siyuan CHEN 2012 Singapore Management University

Hart V Finnis: How Will Positivism And Natural Law Account For The Socio-Legal Paradigm In Wikipedia, Siyuan Chen

Siyuan CHEN

There is little doubt that Wikipedia is one of the world’s most influential websites today – and its sphere of influence is set to grow in days to come. The evidence for this is strong. As of December 2010, Wikipedia is the Internet’s 6th most popular website (by virtue of the Alexa Traffic Rank), and it is also the most popular "general reference" site in cyberspace, with almost 4 million articles in the English language edition. It has been and will continue to be the flagship of Web 2.0, with every single edit being potentially scrutinised by a global audience, …


Keynote Speaker, Peter Yu 2012 Texas A&M University School of Law

Keynote Speaker, Peter Yu

Peter K. Yu

No abstract provided.


If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual Property Protection For Fashion Design Is In Poor Taste, Kari Heyison 2012 Touro University Jacob D. Fuchsberg Law Center

If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual Property Protection For Fashion Design Is In Poor Taste, Kari Heyison

Touro Law Review

No abstract provided.


Buying A Digital Download? You May Not Own The Copy You Purchase, Jennifer Lahm 2012 Touro University Jacob D. Fuchsberg Law Center

Buying A Digital Download? You May Not Own The Copy You Purchase, Jennifer Lahm

Touro Law Review

No abstract provided.


Strict Interpretation Of 35 U.S.C. § 112: Requires Universities To Examine Their Patenting Methods, Sharon Barkume, Michael R. Bielski 2012 Touro University Jacob D. Fuchsberg Law Center

Strict Interpretation Of 35 U.S.C. § 112: Requires Universities To Examine Their Patenting Methods, Sharon Barkume, Michael R. Bielski

Touro Law Review

No abstract provided.


Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman 2012 Touro University Jacob D. Fuchsberg Law Center

Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman

Touro Law Review

No abstract provided.


Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim 2012 National University of Singapore

Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim

Daryl Lim

No abstract provided.


“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez 2012 Microsoft

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.


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