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Articles 1 - 13 of 13
Full-Text Articles in Law
Copyright's Fixation Requirement: Is It Still Needed?, Attamongkol Tantratian
Copyright's Fixation Requirement: Is It Still Needed?, Attamongkol Tantratian
Maurer Theses and Dissertations
While the United States requires fixation for an original work to be entitled to federal copyright protection, many other countries ignore such requirement. The difference could lead to partial copyright protection standards across jurisdictions over certain works that are not fixed. Examples of such works include extemporaneous speeches, lectures, improvisational performances, and contemporary arts that are transitory. Moreover, with today’s rapid development of arts and technologies, creative works can be presented via new media without being fixed in a traditional way. The examples include live streams of lectures and music performances, which have become part of the “new normal.” In …
The Patent Bar Gender Gap: Expanding The Eligibility Requirements To Foster Inclusion And Innovation In The U.S. Patent System, Mary T. Hannon
The Patent Bar Gender Gap: Expanding The Eligibility Requirements To Foster Inclusion And Innovation In The U.S. Patent System, Mary T. Hannon
IP Theory
No abstract provided.
Small Pool For Big Data: Researching For Sustainable Data Focused On Open Government Data (Ogd) Movement, Sukchan Sim
Small Pool For Big Data: Researching For Sustainable Data Focused On Open Government Data (Ogd) Movement, Sukchan Sim
Maurer Theses and Dissertations
When Sir Isaac Newton said his famous statement "standing on the shoulders of giants," it was a modest phrase and explained the necessity of sharing knowledge or information to make the next intellectual progress. The data industry is now the fastest developing area, but many ambiguities are a subject in law. The protection of data is a fascinating and still unsolved challenge for intellectual property law. Data is essential in the matter of new industry and our lifestyle at individual, corporate, and institutional levels. And the legal protection needs to work to offer vivid transactions of data for creative interactions. …
Multilateralism, Pushback, And Prospects For Global Engagement?, Michael Donald Kirby The Honourable
Multilateralism, Pushback, And Prospects For Global Engagement?, Michael Donald Kirby The Honourable
Indiana Journal of Global Legal Studies
In this article, the author draws on long engagement with multilateralism, both in domestic jurisdiction and international institutions. He describes the growth of post-War United Nations activities and the increasing impact of international law, including on universal human rights. He records international initiatives on global problems like HI V/AIDS and in individual countries, such as Cambodia and North Korea. He then describes recent examples of '"pushback" against multilateralism, especially on the part of the United States, the United Kingdom, some European countries, and Australia. He concludes with illustrations and reasons why the global community should remain optimistic about multilateralism, despite …
Afghanistan Legislative Commitments To The Wto: A Deeper Look At Afghanistan's Compliance With Trips, Hafizullah Seddiqi
Afghanistan Legislative Commitments To The Wto: A Deeper Look At Afghanistan's Compliance With Trips, Hafizullah Seddiqi
Indiana Journal of Global Legal Studies
In 2016, Afghanistan formally acceded to the World Trade Organization (WTO) to improve its worldwide trading prospects. However, this journey began much earlier. To join the WTO, one of Afghanistan's commitments was to reform its then-existing trademark laws. Intellectual property (IP)-related laws are, in general, one of the fields that countries must reform prior to joining the WTO, so as to be in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While Afghanistan has enacted some IPrelated statutes, including the 2009 Law on Trade Marks Registration, it continues to fall short of conforming to TRIPS because …
Sea Change: The Rising Tide Of Pro Bono Legal Services For The Creative Community, Victoria Phillips
Sea Change: The Rising Tide Of Pro Bono Legal Services For The Creative Community, Victoria Phillips
IP Theory
No abstract provided.
When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl
When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl
IP Theory
No abstract provided.
Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein
Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein
Indiana Law Journal
The law of trademark tarnishment—a type of trademark dilution—is in disarray. The
basic definition is deceptively simple. Trademark tarnishment occurs when a junior
mark harms the reputation of a substantially similar existing senior trademark by
associating itself with something perverse or deviant. However, it turns out that
Congress and the courts disagree over the prima facie evidence necessary to prove
its existence. The problem is that federal law and related legal principles are simply
ill-equipped to adequately analyze this unique market-driven doctrine. To make
matters worse, legal scholars cannot even agree on whether trademark tarnishment
can empirically exist in the …
Artificial Creativity: A Case Against Copyright For Ai-Created Visual Artwork, Megan Svedman
Artificial Creativity: A Case Against Copyright For Ai-Created Visual Artwork, Megan Svedman
IP Theory
Artificial intelligence is becoming increasingly complex, and provides examples of compelling, human-like performances. One such artificial intelligence technology is known as Creative Adversarial Network (“CAN”) technology, which relies on inputs of preexisting pieces of art to create pieces of original art that pass as human-made. Whether the coders responsible for CAN-technology should be granted coverage for the resultant art remains an open question in United States jurisprudence. This paper seeks to explore why, given both software’s historical legacy in copyright law and bedrock copyright justifications, extending copyright coverage to the coders responsible for CAN technology would be a grave misstep …
A Serendipitous Experiment In Percolation Of Intellectual Property Doctrine, Daniel R. Cahoy, Lynda J. Oswald
A Serendipitous Experiment In Percolation Of Intellectual Property Doctrine, Daniel R. Cahoy, Lynda J. Oswald
Indiana Law Journal
This Article fills a gap in the literature by providing novel and unique empirical evidence of the impact of percolated intellectual property doctrine versus the impact of isolated doctrine from a specialized court. It relies on the U.S. Supreme Court’s paired decisions in 2014 in Octane Fitness, LLC v. ICON Health & Fitness, Inc.15 and Highmark, Inc. v. Allcare Health Management Systems, Inc.16 to highlight a natural forum for evaluating the effects of percolation on federal legal doctrine. At issue in those cases was the fee-shifting language of Section 285 of the Patent Act: “The court in exceptional cases may …
Using Ai To Analyze Patent Claim Indefiniteness, Dean Alderucci, Kevin Ashley
Using Ai To Analyze Patent Claim Indefiniteness, Dean Alderucci, Kevin Ashley
IP Theory
We describe how to use artificial intelligence (AI) techniques to partially automate a type of legal analysis, determining whether a patent claim satisfies the definiteness requirement. Although fully automating such a high-level cognitive task is well beyond state-of-the-art AI, we show that AI can nevertheless assist the decision maker in making this determination. Specifically, the use of custom AI technology can aid the decision maker by (1) mining patent text to rapidly bring relevant information to the decision maker’s attention, and (2) suggesting simple inferences that can be drawn from that information.
We begin by summarizing the law related to …
A Production View On Patent Procurement, Ian C. Schick
A Production View On Patent Procurement, Ian C. Schick
IP Theory
When we think of a “production environment,” a law firm patent practice is not usually the first thing that comes to mind. But why not? Patent practices are highly process-oriented, and they certainly involve “manufacturing” work product, primarily in the form of new patent applications and office action responses. This article discusses how, with a production view on patent procurement, exploiting the principles of lean production can be a compelling way to adapt to tough issues presently roiling the patent ecosystem.
Understanding Illicit Insemination And Fertility Fraud From Patient Experience To Legal Reform, Jody L. Madeira
Understanding Illicit Insemination And Fertility Fraud From Patient Experience To Legal Reform, Jody L. Madeira
Articles by Maurer Faculty
Recently, several cases have been filed in North America and Europe alleging that fertility physicians inseminated former patients with their own sperm only to have this conduct come to light decades later when their unsuspecting adult children use direct-to-consumer genetic tests and learn that they are not biologically related to their fathers and often that they have multiple half-siblings. For instance, Donald Cline of Indianapolis, Indiana, has over sixty doctor-conceived children, with more continuing to come forward. Although these cases induce disgust, it has thus far proven difficult to hold these physicians legally accountable because their conduct falls within gaps …