Intellectual Property Commons^™

Corporate Power Unbound: Investor-State Arbitration Of Ip Monopolies On Medicines – Eli Lilly And The Tpp, Brook K. Baker

PIJIP Research Paper Series

Free trade agreements (FTAs) and bilateral investment treaties (BITs) typically contain investment clauses designed to attract direct foreign investment and protect the interests of foreign investors. In addition to defining foreign investment that are entitled to protection, investment clauses typically allow for investor-state dispute resolution, which allows a foreign investor to launch arbitral proceeding directly against the offending government before a private panel of trade lawyers. This paper focuses first on a pro-investor draft investment chapter in an ongoing regional trade negotiation – the Trans-Pacific Partnership Agreement (TPP) - and second on the first investor-state arbitral claim ever by a patent-holding pharmaceutical ...

Libraries And Book Publishers, Maureen Sullivan

Maine Policy Review

Although Maine is a rural state, it has had success in keeping pace with technological changes since the rise of the Internet 20 years ago. In this section, authors describe some of these successes and the challenges faced by both consumers and libraries in the new digital environment. New technologies and new forms of digital media pose challenges both for publishers and libraries, as discussed by Tom Allen and Maureen Sullivan in their articles on e-books. Allen presents the publisher’s perspective on this potentially disruptive technology, while Sullivan examines the issue from the perspective of libraries and their historic ...

Book Publishers And Libraries: Historic Partners Facing A Disruptive Technology, Tom Allen

Maine Policy Review

The explosion of digital materials and e-readers has disrupted the historic partnership between book publishers and libraries. Tom Allen explains that the new business models required for more widespread e-lending will necessarily involve compromises. He suggests that e-lending pilot projects between individual publishers and libraries are a promising development.

An Overview Of Patent Prosecution, Fred Dingledy

Library Staff Publications

No abstract provided.

Crossing The Line?: Copyright For Libraries, Fred Dingledy

Library Staff Publications

No abstract provided.

Performance Anxiety: Copyright Embodied And Disembodied, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

The primary economic and cultural significance of copyright today comes from works and rights that weren’t contemplated by the Framers of the Constitution’s Copyright Clause. Performance—both as protected work and as right—is where much of copyright’s expansion has had its greatest impact, as new technologies have made it possible to fix performances in records and films and as cultural change has propelled recorded music and audiovisual works to the forefront of the copyright industries. Yet copyright has never fully conceptualized performance, and this has led to persistent confusion about what copyright protects.

One key problem ...

With Untired Spirits And Formal Constancy: Berne-Compatibility Of Formal Declaratory Measures To Enhance Title-Searching, Jane C. Ginsburg

Columbia Public Law & Legal Theory Working Papers

Formalities are back in fashion. Their acolytes fall into two camps, reflecting their different objectives. For formalities, which we shall define as conditions on the existence or enforcement of copyright, can divest authors of their rights, or instead enhance authors’ exploitation of their works by alerting their audiences to the authors’ claims. For one camp, formalities’ confiscatory consequences, once perceived as barbaric, are to be celebrated. A second camp enlists formalities to populate not the public domain, but the public record. Notice, registration and recordation, as declaratory measures, inform the public of the author’s claims and, by facilitating rights-clearance ...

Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright For Designs, Sarah Burstein

Sarah Burstein

No abstract provided.

Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor

Journal of Business & Technology Law

No abstract provided.

The 1976 Copyright Revision Act And Authors' Rights: A Negative Overview, Arthur Stanley Katz

Pepperdine Law Review

No abstract provided.

The General Revision Of The Copyright Law - From Bare Bones To Corpulence - A Partial Overview, Andrew E. Katz

Pepperdine Law Review

No abstract provided.

Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel

Ryan G. Vacca

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three ...

Brief Of Amicus Curiae Academic Authors And Legal Scholars In Support Of Defendants Appellees And Affirmance, Nos. 12-14676-Ff, 12-15147-Ff (April 25, 2013), David R. Hansen, Peter A. Jazsi, Pamela Samuelson, Jason Schultz, Rebecca Tushnet

U.S. Supreme Court Briefs

No abstract provided.

How The Looming Fight Over Termination Of Transfers Under § 203 Of The Copyright Act Provides A Pause Point For Deeper Insights Into The Current State Of American Copyright Law, Jared Pickell

Student Scholarship

No abstract provided.

An Argument That Independent Creation Is As Likely As Subconscious Copying In Music Infringement Cases, Rebecca Skirpan

Student Scholarship

No abstract provided.

No Laughing Matter: An Argument In Favor Of Allowing Satire Under Fair Use, Laura Terwilliger

Student Scholarship

No abstract provided.

Joinder Of Anonymous Defendants In Bittorrent Copyright Litigation: The Potential For Abuse And Possible Reform, Gregory S. Mortenson

Student Scholarship

No abstract provided.

Music Lockers: Getting Lost In A Cloud Of Infringement, Phillip Pavlick

Student Scholarship

No abstract provided.

Best Mode Trade Secrets, Brian J. Love, Christopher B. Seaman

Yale Journal of Law and Technology

Trade secrecy and patent rights traditionally have been considered mutually exclusive. Trade secret rights are premised on secrecy. Without it, they evaporate. Patent rights, on the other hand, require public disclosure. Absent a sufficiently detailed description of the invention, patents are invalid. However, with the passage of the Leahy-Smith America Invents Act (“AIA”) last fall, this once black-and-white distinction may melt into something a little more gray. Buried amidst myriad tweaks to the Patent Act is one that has the potential to substantially change the boundary between patent and trade secret protection. For the first time since at least 1952 ...

Reverse Engineering Informational Privacy Law, Michael Birnhack

Yale Journal of Law and Technology

Is technology-neutral legislation possible? Technological neutrality in legislation is often praised for its flexibility and ability to apply to future technologies. Yet, time and again we realize that even if the law did not name any technology, it was nevertheless based on an image of a particular technology. When new technologies appear, they expose the underlying technological mindset of the existing law. This article suggests that we read technology-related laws to uncover their hidden technological mindset so that we can better understand the law and prepare for the future. Reverse engineering the law is an interpretive mode, tailored to uncover ...