Amplifying The Washington Pro Bono Patent Network Through Legal Consults,
2022
University of Washington School of Law
Amplifying The Washington Pro Bono Patent Network Through Legal Consults, Jennifer S. Fan
Presentations
The USPTO hosted a series of presentations related to patent pro bono work. This presentation discusses how the legal consult structure the University of Washington School of Law Entrepreneurial Law Clinic developed brings more visibility to the work of the Washington Pro Bono Patent Network.
Information Theory And Patent Documents,
2022
The University of Akron
Information Theory And Patent Documents, W. Michael Schuster
Akron Law Review
Recent scholarship has expanded the scope of analytical tools available to patent law researchers. The foundation of information theory published by Claude Shannon has been applied to textual analysis to determine the similarities of patents and to assess a patent’s value. This article presents a theoretical application of information theory to quantify lexical ambiguity and originality in innovation within patent law.
Revisiting The Justification Of Trademark Protection For Single Drug Compositions: A Critical Analysis From A Regulatory Perspective,
2022
The University of Akron
Revisiting The Justification Of Trademark Protection For Single Drug Compositions: A Critical Analysis From A Regulatory Perspective, Kuhu Tiwari, Dr. Niharika Sahoo Bhattacharya
Akron Law Review
Trademarks, which are premised on product differentiation, are alleged to play a divergent role when used on pharmaceutical products: they tend to create an artificial product differentiation for the bioequivalent pharmaceutical products that are marketed as branded, generics, and branded-generic products. It is implied that the companies incorporate trademarks to market their products to different consumers at different prices. However, concerns arise when a company uses multiple trademarks for a single active pharmaceutical ingredient (API); sometimes, the company labels each trademark as treating a different medical condition.
This practice of brand proliferation may pose risks to patient safety by confusing …
Fair Use As A Market Facilitator,
2022
The University of Akron
Fair Use As A Market Facilitator, Miriam Marcowitz-Bitton, Dan Bombach
Akron Law Review
The Digital Age has enabled individuals worldwide to store, organize, and share everything from cherished memories embodied in photographs and videos to academic writing and correspondence. Yet, archived collections of academic, public, and private libraries are out of reach to many, and many books are now beyond reach because they are no longer in print. The high cost of digitization exacerbates these challenges.
In 2004, Google Inc. responded to these issues by announcing a project to scan and digitize the collections of several leading universities and public libraries (the “Google Books” project). The project offered users the opportunity to search …
Letting Anarchy Loose On The World: The Anarchist Cookbook And How Copyright Fails The Author,
2022
The University of Akron
Letting Anarchy Loose On The World: The Anarchist Cookbook And How Copyright Fails The Author, Debora Halbert
Akron Law Review
The Anarchist Cookbook by William Powell remains one of the most controversial books in print, even 50 years after its first publication. The story to be told about its ongoing publication can teach us about the politics of authorship, ownership, publication, copyright assignments, the public domain, and the legacies our printed words leave behind. Later in life Powell regretted publishing the book and wished that it would be removed from publication and circulation but stated that he did not own the copyright and so could not control the book. However, even at his death the book remained in print and …
Infographic: Digital Copyright Laws And Online Teaching,
2022
Australian Council for Educational Research (ACER)
Infographic: Digital Copyright Laws And Online Teaching, Zoe Kaskamanidis
Teacher infographics
A new report has assessed whether copyright limitations for educational purposes are unfit for remote education through a legal analysis of copyright laws in 40 countries. This infographic shows the number of countries in the report for which the following online teaching scenarios are not legal.
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law,
2022
Texas A&M University School of Law
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova
Faculty Scholarship
In February 2022, Russia infamously invaded Ukraine, starting an unprovoked war. As a result, many foreign companies left their Russia-based operations, including most luxury fashion houses. In these remarks, we elaborate on the possible issues that these companies may face regarding the enforcement of their IP rights in Russia, particularly trademark rights, following their departure resulting from the sanctions imposed by Western countries.
At the time of writing, perhaps the most pressing issue is whether luxury fashion houses risk losing their trademark rights in Russia due to their decision to suspend their operations, even though temporarily. An additional issue facing …
Hoosier Athletes Get An Assist From Law Students Through Name, Image And Likeness Initiative,
2022
Maurer School of Law - Indiana University
Hoosier Athletes Get An Assist From Law Students Through Name, Image And Likeness Initiative, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Student-athletes at Indiana University Bloomington will get an assist from their peers at the IU Maurer School of Law under a new Name, Image and Likeness Initiative through the school’s Center for Intellectual Property Research.
As student-athletes navigate the still-emerging complexities of the NCAA’s new policy surrounding name, image and likeness — also referred to as NIL — they’ll now have a homefield advantage: one of the country’s top intellectual property clinics.
Are Cryptopunks Copyrightable?,
2022
Pepperdine University
Are Cryptopunks Copyrightable?, Brian L. Frye
Pepperdine Law Review
Larva Labs’ CryptoPunks NFTs are iconic. Created in 2017, they were among the first NFTs on the Ethereum blockchain. Four years later, they are among the most valuable, selling for anywhere from $200,000 to millions of dollars. The CryptoPunks collection consists of 10,000 NFTs, each of which is associated with a unique CryptoPunks image. Everyone knows who owns each CryptoPunks NFT. The Ethereum blockchain provides indelible proof. But people disagree about who owns - and who should own - the copyright in the CryptoPunks images. Most CryptoPunks NFT owners believe they should own the copyright in the image associated with …
Traditional Knowledge And Twail,
2022
Maharashtra National Law University
Traditional Knowledge And Twail, Gunjan Deshpande
Indonesian Journal of International Law
Traditional Knowledge (TK) is a deep-rooted notion in the Indian culture, it is the knowledge that has been passed on for centuries and is governed by the traditional customary laws. It applies to everything from food storage, agriculture to medicine to the preservation of the environment. TK are protected by national or regional laws that provide limited protection. There have been various instances where Indian TK was patented outside India some of the examples are Turmeric, Amla, and Neem. TK is the base of modern science and technology, as it is derived from a strong cultural heritage that is vital …
Memorandum For The Heads Of Executive Departments And Agencies, August 25, 2022: Ensuring Free, Immediate, And Equitable Access To Federally Funded Research,
2022
University of Nebraska - Lincoln
Memorandum For The Heads Of Executive Departments And Agencies, August 25, 2022: Ensuring Free, Immediate, And Equitable Access To Federally Funded Research, White House Office Of Science And Technology Policy
Copyright, Fair Use, Scholarly Communication, etc.
This memorandum provides policy guidance to federal agencies with research and development expenditures on updating their public access policies. In accordance with this memorandum, OSTP recommends that federal agencies, to the extent consistent with applicable law:
1. Update their public access policies as soon as possible, and no later than December 31, 2025, to make publications and their supporting data resulting from federally funded research publicly accessible without an embargo on their free and public release;
2. Establish transparent procedures that ensure scientific and research integrity is maintained in public access policies; and,
3. Coordinate with OSTP to ensure equitable …
Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China,
2022
Duke Law
Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang
Duke Law & Technology Review
Most multinational enterprises (MNEs) register their original trademarks in Roman letters in China upon entering the Chinese market. However, many fail to develop and register corresponding Chinese marks because they do not understand local culture and consumers, overvalue consumers’ presumed brand loyalty, or neglect the accompanying trademark issues. This failure enables trademark squatters to register and hold the Chinese marks for ransom or local competitors to free ride on foreign marks using their Chinese translations or transliterations. This Article first introduces the complexity of translating a foreign mark into Chinese, which concerns complex linguistic, cultural, and business challenges. Based on …
Developing An Advanced Intellectual Property Curriculum,
2022
Western University
Developing An Advanced Intellectual Property Curriculum, Emily R. Lynch
Undergraduate Student Research Internships Conference
The Faculty of Law at Western University is leading a group of industry partners and academic institutions to develop a free, self-paced, online IP curriculum consisting of case studies and practical examples from companies in three main areas: artificial intelligence, automotive, and medical technologies. The curriculum will provide training on generating, protecting, commercializing, and leveraging intangible assets in the knowledge-based economy.
A Qualitative Look Into Repair Practices,
2022
Western University
A Qualitative Look Into Repair Practices, Jumana Labib
Undergraduate Student Research Internships Conference
This research poster is based on a working research paper which moves beyond the traditional scope of repair and examines the Right to Repair movement from a smaller, more personal lens by detailing the 6 categorical impediments as dubbed by Dr. Alissa Centivany (design, law, economic/business strategy, material asymmetry, informational asymmetry, and social impediments) have continuously inhibited repair and affected repair practices, which has consequently had larger implications (environmental, economic, social, etc.) on ourselves, our objects, and our world. The poster builds upon my research from last year (see "The Right to Repair: (Re)building a better future"), this time pulling …
Selling Antitrust,
2022
University of Pennsylvania Carey Law School
Selling Antitrust, Herbert J. Hovenkamp
Faculty Scholarship at Penn Carey Law
Antitrust enforcers and its other defenders have never done a good job of selling their field to the public. That is not entirely their fault. Antitrust is inherently technical, and a less engaging discipline to most people than, say, civil rights or criminal law. The more serious problem is that when the general press does talk about antitrust policy it naturally gravitates toward the fringes, both the far right and the far left. Extreme rhetoric makes for better press than the day-to-day operations of a technical enterprise. The extremes are often stated in overdramatized black-and-white terms that avoid the real …
Auris Health, Inc. V. Intuitive Surgical Operations: A New “Rigid Rule” For Patent Obviousness,
2022
Santa Clara Law
Auris Health, Inc. V. Intuitive Surgical Operations: A New “Rigid Rule” For Patent Obviousness, Moawad, Jake
Santa Clara High Technology Law Journal
AURIS HEALTH, INC. V. INTUITIVE SURGICAL
OPERATIONS:
A NEW “RIGID RULE” FOR PATENT OBVIOUSNESS Auris Health, Inc. v. Intuitive Surgical Operations, Inc.,
32 F.4th 1154 (Fed. Cir. 2022)♦
Electronic Arts’ College Videogames In The Name, Image, And Likeness Era,
2022
UNH Franklin Pierce School of Law
Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan
UNH Sports Law Review
No abstract provided.
Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes,
2022
University of Pittsburgh
Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty
UNH Sports Law Review
No abstract provided.
The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular,
2022
St. John's University
The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.
UNH Sports Law Review
No abstract provided.
Editors' Foreword,
2022
UNH Franklin Pierce School of Law
Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi
UNH Sports Law Review
No abstract provided.