Law Commons^™

Markets In Ip And Antitrust, Herbert J. Hovenkamp

All Faculty Scholarship

The purpose of market definition in antitrust law is to identify a grouping of sales such that a single firm who controlled them could maintain prices for a significant time at above the competitive level. The conceptions and procedures that go into “market definition” in antitrust can be quite different from those that go into market definition in IP law. When the issue of market definition appears in IP cases, it is mainly as a query about the range over which rivalry occurs. This rivalry may or may not have much to do with a firm’s ability to charge a …

Public Interest Analysis Of The Us Tpp Proposal For An Ip Chapter, Sean Flynn, Margot E. Kaminski, Brook K. Baker, Jimmy H. Koo

Joint PIJIP/TLS Research Paper Series

This briefing paper provides preliminary analysis of two leaked U.S. proposals for an intellectual property chapter in the Trans Pacific Partnership (TPP) agreement. The U.S. proposal, if adopted, would create the highest intellectual property protection and enforcement standards in any free trade agreement to date. Its provisions are primarily based on, and frequently go beyond, the maximalist and controversial standards of the Korea-US Free Trade Agreement (KORUS), the Anti-Counterfeiting Trade Agreement (ACTA) and US law, while negating the development-oriented flexibilities required by the 2007 New Trade Deal for developing countries and included in the US-Peru Free Trade Agreement. If adopted, …

Cablevision's Remote Dv-R System And A Solution For The Digital-Recording Age, Justin M. Jacobson

Touro Law Review

No abstract provided.

Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Acta And Access To Medicines, Sean Flynn, Bijan Madhani

Joint PIJIP/TLS Research Paper Series

The Greens/EFA Internet Core Group in the European Parliament, and a collection of its individual members, commissioned this analysis of potential impacts of the Anti-Counterfeiting Trade Agreement (ACTA) on access to medicines in developing countries.” On the whole, ACTA negotiators created an agreement that shifts international “hard law” rules and “soft law” encouragements toward making enforcement of intellectual property rights in courts, at borders, by the government and by private parties easier, less costly, and more “deterrent” in the level of penalties. In doing so, it increases the risks and consequences of wrongful searches, seizures, lawsuits and other enforcement actions …

Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan

San Diego International Law Journal

The pathways that lead to the success of cutting-edge technologies are often fraught with risk, difficulty, and uncertainty. These issues are particularly prevalent under a regime involving lengthy time horizons for competent research, development, and commercialization, which may require regulatory approvals. These challenges are known to be endemic to capital-intensive technology development which requires significant follow-on funding, particularly in highly regulated industries such as life sciences (e.g., pharmaceuticals/biotechnology and electronic medical devices ) and clean technology (which may be subdivided into clean or renewable energy generation and clean or renewable energy efficiency technologies and services, the former having more direct …

Limits Of Enforcement Of Intellectual Property Rights -- Injunctive Relief, Equity, And Misuse Of Rights, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these materials at the 33rd Meeting of the German Society for Comparative Law (Gesellschaft für Rechtsvergleichung) in Trier, Germany, on September 16, 2011.

Vut V Wilson, Uwa V Gray And University Intellectual Property Policies, William Van Caenegem

William Van Caenegem

In Wilson and Gray the respective university intellectual property policies were held to be ineffective. The Federal Court therefore had to examine the default law concerning academic ownership of inventions. The trial judge in Wilson accepted that inventions that were a normal incident of the kind of research a particular academic was engaged to perform may belong to the employing university. However, French J and the Full Court in Gray emphasised that academic autonomy, duty to publish and freedom to collaborate with outsiders set academics apart. Employer ownership of inventions is therefore not to be implied into standard academic employment …

Draft Of Product Design: The Misfit Of Intellectual Property Law - 2011, Wendy J. Gordon

Scholarship Chronologically

The collection of legal rights commonly labeled "intellectual property" does not reflect any comprehensive master plan. Indeed, the label itself does a disservice in suggesting a set of laws with some coherence, cohesion, or at least commonality. 1 In fact, the various laws governing so-called intellectual property have evolved to address disparate concerns, at different times, and through distinct legal tools. 2 As a result, the canvas of intellectual property laws looks more like a messy collage - with overlaps, unmarked or blank spaces, and jagged edges - than a neat landscape characterized by careful planning and harmony.

Symposium: Creativity And The Law: Introduction, Mark Mckenna

Journal Articles

Creativity is on the American mind. President Obama routinely suggests that creativity and ingenuity are the keys to America's economic future. Bill Gates emphasizes the power of creativity to solve the world's most pressing, and most difficult, problems. 2 But the creativity story is, of late, usually bleakly told: indeed, a recent Newsweek cover story proclaimed a "Creativity Crisis." Last November, a group of twelve academics gathered at the Notre Dame Law School to consider law's role in this story. What is creativity, and how does it map onto legal concepts like originality, novelty, or non-obviousness? What should law, and …

The Story Of A Character: Establishing The Limits Of Independent Copyright Protection For Literary Characters, Samuel J. Coe

Chicago-Kent Law Review

Copyright law provides writers with a way to protect their original works of authorship, but courts often disagree over the scope of this protection and how far it can be extended for the fictional characters appearing within literary works. Characters like Holden Caulfield and James Bond have become extremely valuable forms of intellectual property, but even for such iconic figures it can be difficult to separate the character from the story to determine where one work ends and the other begins. To address this issue, the Second Circuit follows the "distinctly delineated" test, which asks whether a character has been …

Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle), Jonas Anderson

Book Reviews

A review of Gene Patents and Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models and Liability Regimes.

Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle), Jonas Anderson

J. Jonas Anderson

The Unequal Tax Treatment Of Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine

Faculty Publications

The tax treatment of intellectual property receives surprisingly little attention despite intellectual property's important role in the economy. In this article, Maine and Nguyen evaluate the fairness of the intellectual property tax system, identifying differences in the tax treatment of what appear to be similar transactions.

Ip Legal Ethics In The Everyday Practice Of Law: An Empirical Perspective On Patent Litigators, William T. Gallagher

Publications

This article presents preliminary findings from a qualitative empirical study of patent litigators. Part of a larger and ongoing project studying intellectual property lawyers in patent, trademark, and copyright enforcement and litigation actions, this article focuses on ethical decision-making by patent litigators in the pretrial discovery process. The article is based on data from in-depth, semistructured interviews with fifty-five patent litigators and from a detailed case study of the infamous Qualcomm patent sanctions case. The article critically examines how patent litigators perceive of and respond to ethical issues that arise in the discovery process. It also analyzes the structural and …

Concepts Of Intellectual Property In The Roman Tradition, Erin Guldiken, Marianina Demetri Olcott

Dr. Marianina Olcott and Erin Guldiken

The current study concerns concepts of intellectual property in the Roman tradition first century BCE through forth century CE. It complements a previous study published in the Journal of the Copyright Society of the USA (Summer 2002, vol.49, No.4) which dealt with ancient Athenian concepts of intellectual property. The current study as in the earlier study of the Athenian tradition shows that ancient concepts of intellectual property are remarkably similar to modern concepts, as embodied in American case law (Title 17) and guidelines on plagiarism formulated by the modern academic establishment. Our plan of investigation is as follows: First we …

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.

Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale

Faculty Scholarship

No abstract provided.

Vogue Juridique & The Theory Choice Problem In The Debate Over Copyright Protection For Fashion Designs, Michael G. Bennett, Nick Buell, Jason Cetel, C. C. Perry

Maryland Law Review Online

No abstract provided.

Book Review: Beyond Intellectual Property: Matching Information Protection To Innovation, Kristen Osenga

Law Faculty Publications

William Kingston frames this book around a clearly stated premise: the focus of information protection regimes has shifted from benefiting the public to benefiting private individuals with interests in the game—and this shift is not good. Early on, protection of information was shaped by actors with no personal stake but rather a desire to encourage invention and innovation for the public good. These actors were primarily limited by constitutional provisions and bureaucratic inefficiencies. As time went on,and as information became a more important commodity, information protection schemes were fashioned, or perhaps twisted, by the parties that would derive the most …

A Right Is Born: Celebrity, Property, And Postmodern Lawmaking, Mark Bartholomew

Journal Articles

This Article challenges the standard account of the creation of the right of publicity. In the legal literature, the prevailing narrative is of the right of publicity being intimately linked to the commodification of celebrity. Ultimately, however, there is more to the story of the right of publicity than the decision to protect something of economic value. It took decades after it had become clear that celebrities could be valuable commercial spokespersons for lawmakers to agree to make the right inheritable, separate from the dignitary right of privacy, and potentially applicable to any economic, secondary use that invoked the celebrity …

Acta's State Of Play: Looking Beyond Transparency, Michael Geist

American University International Law Review

No abstract provided.

Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva

American University International Law Review

No abstract provided.

A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan

American University International Law Review

No abstract provided.

Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens

American University International Law Review

No abstract provided.

Open Letter To Director David Kappos Of The United States Patent And Trademark Office, Kenneth L. Port

Faculty Scholarship

I appreciate the opportunity to respond to the Request for Comments on the extent to which small businesses may be harmed by litigation tactics by corporations‟ attempts to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; the best use of Government services to protect trademarks and prevent counterfeiting; and appropriate policy recommendations.

The PTO should be commended for considering whether the use of trademark litigation as a form of “bullying” is a problem for the U.S. trademark system. While some consider trademark litigation as a justifiable effort to police marks …

Patent Law And The Duty Of Candor: Rethinking The Limits Of Disclosure, Jay Erstling

Faculty Scholarship

No abstract provided.

Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker

American University International Law Review

No abstract provided.

Top Tens In 2010: Patent And Trademark Cases, Stephen Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Top Tens In 2010: Copyright And Trade Secret Cases, Stephen Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.