Bayer Schering Pharma Ag V. Barr Laboratories, Inc.,
2011
New York Law School Class of 2011
Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi
NYLS Law Review
No abstract provided.
Software Wars: The Patent Menace,
2011
New York Law School Class of 2010
Towards Symmetry In The Law Of Branding,
2011
Georgetown University Law Center
Towards Symmetry In The Law Of Branding, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Companies sometimes want to abandon an old identity and rebrand with a new one. Trademark law probably does not have much to say about rebranding in itself. But we should be careful about how we think about rebranding and other undisclosed source relationships because, if not handled properly, law’s recognition of such techniques could end up reinforcing trademark owners’ ability to deter competition and control free speech.
Snooping, Privacy And Precedent In Ontario,
2011
Osgoode Hall Law School of York University
Snooping, Privacy And Precedent In Ontario, David Vaver
Articles & Book Chapters
No abstract provided.
Playing Telephone: The Federal Circuit Misinterprets Precedent By Ignoring Context In Sky Technologies, Llc V. Sap Ag,
2011
University of Oklahoma College of Law
Playing Telephone: The Federal Circuit Misinterprets Precedent By Ignoring Context In Sky Technologies, Llc V. Sap Ag, Christopher M. Crouch
Oklahoma Law Review
No abstract provided.
Property In Law: Government Rights In Legal Innovations,
2011
University of Kentucky College of Law
Property In Law: Government Rights In Legal Innovations, Stephen Clowney
Law Faculty Scholarly Articles
One of the most enduring themes in American political thought is that competition between states encourages legal innovation. Despite the prominence of this story in the national ideology, there is growing anxiety that state and local governments innovate at a socially suboptimal rate. Academics have recently expressed alarm that the pace of legal experimentation has become "extraordinarily slow," "inefficient," and "less than ideal." Ordinary citizens, too, seem concerned that government has been leeched of imagination and the dynamic spirit of experimentation; both talk radio programs and newspapers remain jammed with complaints about legislative gridlock and do-nothing politicians who cannot, or …
Acta And Its Complex Politics,
2011
Texas A&M University School of Law
Acta And Its Complex Politics, Peter K. Yu
Faculty Scholarship
Written for a special issue on the politics of intellectual property, this article examines the "country club" approach the negotiating parties of the Anti-Counterfeiting Trade Agreement (ACTA) embraced to establish new and higher international intellectual property enforcement standards. It points out that the agreement is flawed not only because it is a country club agreement but also because it is a bad country club agreement.
The article then situates ACTA in the context of a recent trend of using bilateral, plurilateral and regional trade and investment agreements to circumvent the multilateral norm-setting process. It contends that this disturbing trend could …
Hot News: The Enduring Myth Of Property In News,
2011
Columbia Law School
Hot News: The Enduring Myth Of Property In News, Shyamkrishna Balganesh
Faculty Scholarship
The “hot news” doctrine refers to a cause of action for the misappropriation of time-sensitive factual information that state laws afford purveyors of news against free riding by a direct competitor. Entirely the offshoot of the Supreme Court’s decision in International News Service v. Associated Press, the doctrine enables an information gatherer to prevent a competitor from free riding on its efforts at collecting and distributing timely information. Over the last few years, newsgatherers of different kinds have begun using the doctrine with increased frequency, believing it to create and protect an ownership interest in news. This Article argues …
Impartial Patents,
2011
Columbia Law School
Impartial Patents, Clarisa Long
Faculty Scholarship
Over the past decade or more, a rising sense of dissatisfaction with patent law has begun to creep across the patent community. A number of factors no doubt have contributed to this sense of dissatisfaction, among them the perception that patents are too often being enforced by “trolls” (if you don’t like them) or “nonpracticing entities” (if you want to remain neutral). Professor Parchomovsky and Mr. Mattioli propose a solution in which they create two new forms of patent protection that they call “quasi-patents” and “semi-patents” – or generically, “partial patents.” Partial patents are designed to be cheaper to obtain …
Readers' Copyright,
2011
University of Michigan Law School
Readers' Copyright, Jessica D. Litman
Articles
My goal in this project is to reclaim copyright for readers (and listeners, viewers, and other members of the audience). I think, and will try to persuade you, that the gradual and relatively recent disappearance of readers’ interests from the core of copyright’s perceived goals has unbalanced the copyright system. It may have prompted, at least in part, the scholarly critique of copyright that has fueled copyright lawyers’ impression that “so many in academia side with the pirates.” It may also be responsible for much of the deterioration in public support for copyright. I argue here that copyright seems out …
Overcoming The "Impossible Issue" Of Nonobviousness In Design Patents,
2011
University of Pittsburgh
Overcoming The "Impossible Issue" Of Nonobviousness In Design Patents, Janice M. Mueller, Daniel Harris Brean
Kentucky Law Journal
No abstract provided.
Can Law Improve Prevention And Treatment Of Cancer?,
2011
University of Sydney
Can Law Improve Prevention And Treatment Of Cancer?, Roger Magnusson, Lawrence O. Gostin, David Studdert
O'Neill Institute Papers
The December 2011 issue of Public Health (the Journal of the Royal Society for Public Health) contains a symposium entitled: Legislate, Regulate, Litigate? Legal approaches to the prevention and treatment of cancer. This symposium explores the possibilities for using law and regulation – both internationally and at the national level – as the policy instrument for preventing and improving the treatment of cancer and other leading non-communicable diseases (NCDs). In this editorial, we argue that there is an urgent need for more legal scholarship on cancer and other leading NCDs, as well as greater dialogue between lawyers, public health practitioners …
The Ethics Of Unbranding,
2011
Fordham Law School
The Ethics Of Unbranding, Jeremy N. Sheff
Fordham Intellectual Property, Media and Entertainment Law Journal
This Essay explores the ethical implications of the phenomenon of "unbranding" that has recently been discussed in popular and scholarly literature. It compares two extant definitions of unbranding and examines each under alternative ethical theories of trademark law, specifically deontological and consequentialist theories. With respect to each of these theories, the Essay examines the ethical questions raised by the existence of asymmetric information between brand owners and consumers. This includes asymmetries not only with regard to information about products, but also with regard to information about consumer decision-making processes. The latter asymmetry presents conflicts between deontological and consequentialist conclusions regarding …
Tacit Knowledge Transfer With Patent Law: Exploring Clean Technology Transfers,
2011
Fordham University School of Law
Tacit Knowledge Transfer With Patent Law: Exploring Clean Technology Transfers, Margaret Mcinerney
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Anti-Counterfeiting Trade Agreement (Acta): An Assessment,
2011
University of Dayton
The Anti-Counterfeiting Trade Agreement (Acta): An Assessment, Dalindyebo Shabalala
School of Law Faculty Publications
The Anti-Counterfeiting Trade Agreement (‘ACTA’) is motivated by the perceived lack of progress of multilateral enforcement of intellectual property rights. Building on the equivalent provisions in EU and US bilateral and regional free trade agreements (FTAs), the ACTA parties sought to establish best practice international standards to which other countries could aspire or adhere. Proponents stressed the need to combat the increase in global piracy and counterfeiting, drawing on estimates of the scale of the problem, such as those from the OECD that suggested international trade in counterfeit and pirated products amounted to some $200 billion in 2005 (excluding domestically …
Building A Collaborative Digital Collection: A Necessary Evolution In Libraries,
2011
Georgetown University Law Center
Building A Collaborative Digital Collection: A Necessary Evolution In Libraries, Michelle M. Wu
Georgetown Law Faculty Publications and Other Works
Law libraries are losing ground in the effort to preserve information in the digital age. In part, this is due declining budgets, user needs, and a caution born from the great responsibility libraries feel to ensure future access instead of selecting a form that may not survive. That caution, though, has caused others, such as Google, to fill the silence with their vision. Libraries must stand and contribute actively to the creation of digital collections if we expect a voice in future discussion. This article presents a vision of the start of a collaborative, digital academic law library, one that …
Scary Monsters: Hybrids, Mashups, And Other Illegitimate Children,
2011
Georgetown University Law Center
Scary Monsters: Hybrids, Mashups, And Other Illegitimate Children, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Human creativity, like human reproduction, always makes new out of old in ways that copyright law has not fully recognized. The genre of vidding, a type of remix made mostly by women, demonstrates how creativity can be disruptive, and how that disruptiveness is often tied to ideas about sex and gender. The most frightening of our modern creations—the Frankenstein’s monsters that seem most appropriative and uncanny in light of old copyright doctrine—are good indicators of what our next generation of creativity may look like, especially if creators’ diversity in gender, race, and economic background is taken into account.
Golan V. Holder: Copyright In The Image Of The First Amendment,
2011
Duke Law School
Golan V. Holder: Copyright In The Image Of The First Amendment, David L. Lange, Risa J. Weaver, Shiveh Roxana Reed
Faculty Scholarship
Does copyright violate the First Amendment? Professor Melville Nimmer asked this question forty years ago, and then answered it by concluding that copyright itself is affirmatively speech protective. Despite ample reason to doubt Nimmer’s response, the Supreme Court has avoided an independent, thoughtful, plenary review of the question. Copyright has come to enjoy an all-but-categorical immunity to First Amendment constraints. Now, however, the Court faces a new challenge to its back-of-the-hand treatment of this vital conflict. In Golan v. Holder the Tenth Circuit considered legislation (enacted pursuant to the Berne Convention and TRIPS) “restoring” copyright protection to millions of foreign …
Harvesting Intellectual Property: Inspired Beginnings And 'Work-Makes-Work,' Two Stages In The Creative Processes Of Artists And Innovators,
2011
Boston University School of Law
Harvesting Intellectual Property: Inspired Beginnings And 'Work-Makes-Work,' Two Stages In The Creative Processes Of Artists And Innovators, Jessica Silbey
Faculty Scholarship
This Article is part of a larger empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents, and business partners. The book-length project involves the collecting and analysis of stories from artists, scientists, and engineers about how and why they create and innovate. It also collects stories from their employers, business partners, managers, and lawyers about their role in facilitating the process of creating and innovating. The book’s aim is to make sense of the intersection between intellectual property law and creative and innovative activity, specifically to discern how intellectual property intervenes in the careers of the …
'We Know It When We See It': Intermediary Trademark Liability And The Internet,
2011
Boston Univeristy School of Law
'We Know It When We See It': Intermediary Trademark Liability And The Internet, Stacey Dogan
Faculty Scholarship
The recent history of intermediary liability decisions in copyright and trademark law reflects a notable resistance to rules that might constrain judicial discretion to ferret out bad guys. Indeed, a dichotomy appears to be emerging between two types of defendants: those who want infringement to happen and those who do not. In both copyright and trademark cases, courts are developing two distinct sets of rules to deal with two different classes of intermediaries. Good-faith intermediaries — those with a core business model unrelated to infringement — have an obligation to address infringement upon notice, but need not go out of …
