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Articles 1 - 9 of 9
Full-Text Articles in Law
Determining What’S Not Obvious: Should A Reasonable Expectation Of Success Invalidate Patent Applications?, Natalie Peters
Determining What’S Not Obvious: Should A Reasonable Expectation Of Success Invalidate Patent Applications?, Natalie Peters
University of Massachusetts Law Review
Patents are necessary to incentivize innovation because they grant owners the right to protect inventions. To be patentable, an invention must be useful, it must be novel, and it must not be obvious. But the judiciary has struggled to apply the latter requirement, non-obviousness, particularly for highly technical innovations subject to FDA regulations. For these innovations, the progression through the regulatory jungle can take ten to twenty years and millions of dollars (2.6 billion for a pharmaceutical drug). The complexities of the regulatory process can also render an innovation unprotected by patent rights because, by the end of the process, …
The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison
The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison
University of Massachusetts Law Review
This Article investigates the impact of the Kirtsaeng decision. After discussing the first sale doctrine, this Article presents the issues around implementing a worldwide first sale doctrine. International treaties attempt to ensure that authors can benefit from their work by affording them similar protections in different jurisdictions. But a worldwide first sale exhaustion limits the ability of copyright holders to profit from their work because it allows the author to compete with its own work that had been priced differently in different jurisdictions. Finally, this Article tests whether, in the United States, the price of textbooks has been affected by …
Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan
Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan
University of Massachusetts Law Review
Technology has seen a boom over the last few decades, making innovative leaps that border on science fiction. With the most recent technological leap came a new frontier of intellectual property and birthed a new class of criminal: the cyber-pirate. This Article discusses cyber-piracy and its interactions and implications for modern United States copyright law. The Article explains how copyright law, unprepared for the boom, struggled to adapt as courts reconciled the widely physical perceptions of copyright with the digital information being transferred between billions of users instantaneously. The Article also explores how cyber-piracy has made, and continues to make, …
A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen
A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen
University of Massachusetts Law Review
This Note explores the legalities of trade dress protection for a website, the enforcement of such protection, and what is necessary to protect the “look and feel” of a website. Further, this Note claims it is nearly impossible to protect the “look and feel” of a website because the functionality of the site will always trump protection.
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
University of Massachusetts Law Review
Section I of this article explores the different avenues of intellectual property protection presently available for computer software here in the United States. Section II then discusses how the European Community has resolved the computer program crisis under European intellectual property law. Lastly, section III will illustrate why sui generis legislation would be the paramount way for Congress to attack the intricacy that is created by computer programs under American intellectual property law.
Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole
Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole
University of Massachusetts Law Review
Transcript of the Federalist Society’s Intellectual Property Practice Group and its Stanford Law School Chapter debate on Open Source and Intellectual Property Rights with panelists Professor Lawrence Lessig from Stanford University and Professor F. Scott Kieff from Stanford University and moderated by Professor G. Marcus Cole from Stanford Law School. This debate took place on Wednesday, March 30, 2005 in Palo Alto, California.
State Sovereign Immunity And Intellectual Property: An Evaluation Of The Trademark Remedy Clarification Act’S Attempt To Subject States To Suit In Federal Courts For Trademark Infringements Under The Lanham Act, Jennifer L. Fessler
University of Massachusetts Law Review
There are two things that can be learned from this paper. First, the analytical framework developed by the Court in City of Boerne is a stringent test that has considerably narrowed Congress’s ability to abrogate state’s Eleventh Amendment immunity through legislation. Second, only half of the battle was won when Congress enacted the Trademark Remedy Clarification Act. Although it met the new requirements the Court placed on legislative efforts in Atascadero, it is not able to meet the requirements that were later set forth in Seminole Tribe. The Rehnquist Court’s holdings indicate the Court’s active pursuit of state’s …
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
University of Massachusetts Law Review
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights. There is one primary legal code that impacts attorneys’ rights to their work-product: the copyright law. As a broad statement, copyright law protects how an author expresses ideas. It is the system that is used to prevent others from copying a book, a movie, a musical composition, or even …
Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford
Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford
University of Massachusetts Law Review
Technology has always been a motivating force of change in the law. The creation of new machines and development of novel methods of achieving goals force the law to adapt with new and responsive rules. This is particularly true whenever a new technology transforms society. Whether it is increasing industrialization or computerization, pre-existing legal concepts rarely survive the transition unaltered - new prescriptions are announced while old ones disappear.