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Full-Text Articles in Law
Building A Text And Data Mining Limitation: The Brazilian Case, Luca Schirru, Allan Rocha De Souza, Claudia Chamas
Building A Text And Data Mining Limitation: The Brazilian Case, Luca Schirru, Allan Rocha De Souza, Claudia Chamas
Joint PIJIP/TLS Research Paper Series
In recent years, there has been a growing body of legal regulation of
TDM. Since 2018, Japan, the European Union, Singapore and others have
promoted changes to their copyright law and included specific limitations and
exceptions for TDM. These changes have been slow in the Global South and
the developing world, even though they are urgently needed there. This report
aims to present the Brazilian copyright legal framework and the policy
documents related to Intellectual Property, Artificial Intelligence and
innovation influencing political and public debate. This set of policies and
legislative texts provides the grounds for the discussion on the …
Korea’S 2011 Copyright Act Amendments And Innovation By Online Service Providers, Michael Palmedo
Korea’S 2011 Copyright Act Amendments And Innovation By Online Service Providers, Michael Palmedo
Joint PIJIP/TLS Research Paper Series
In 2011, Korea amended its Copyright Act to comply with the U.S.-Korea Free Trade Agreement’s intellectual property chapter, which included an obligation to enact a safe harbor for secondary copyright infringement in the online environment. Safe harbors protect internet firms from legal liability when their users post infringing content online, on the condition that the firms maintain a system to efficiently remove infringing content when notified of the infringement by rightholders.
This paper tests whether the newly established safe harbors had an impact on innovation by Korean internet firms. I hypothesize that the amendments alleviated litigation risks faced by internet …
Gene Patents, Drug Prices, And Scientific Research: Unexpected Effects Of Recently Proposed Patent Eligibility Legislation, Charles Duan
Gene Patents, Drug Prices, And Scientific Research: Unexpected Effects Of Recently Proposed Patent Eligibility Legislation, Charles Duan
Articles in Law Reviews & Other Academic Journals
Recently, Congress has considered legislation to amend§ 101, a section of the Patent Act that the Supreme Court has held to prohibit patenting of laws of nature, natural phenomena, and abstract ideas. This draft legislation would expand the realm of patent-eligible subject matter, overturning the Court's precedents along the way. The draft legislation, and movement to change this doctrine of patent law, made substantial headway with a subcommittee of the Senate holding numerous roundtables and hearings on the subject.
This article considers some less-discussed consequences of that draft legislative proposal. The legislation likely opens the door to patenting of subject …
R&D Spending And Patenting In The Technology Hardware Sector In Nations With And Without Fair Use, Michael Palmedo
R&D Spending And Patenting In The Technology Hardware Sector In Nations With And Without Fair Use, Michael Palmedo
Joint PIJIP/TLS Research Paper Series
This working paper uses two common indicators of innovation to see how the technology hardware sector compares in countries with and without fair use. It illustrates that research and development spending by firms in these industries has been higher in countries with fair use, controlling for other firm- and country-level factors. It then shows more patents have been granted to the technology sector in countries that have adopted fair use, relative to patents granted to firms in the same industries in other countries, controlling for other country-level factors.
Fair Use Is Good For Creativity And Innovation, Bill Patry
Fair Use Is Good For Creativity And Innovation, Bill Patry
Joint PIJIP/TLS Research Paper Series
Commenting on legal debates in other countries is usually bad manners. When, however, the debates concern a law from your own country, and that law is being misrepresented, it may be of service to set the record straight. The record, based on almost 300 years of Anglo-American case law and the experiences of those of us who apply fair use every day in our jobs, demonstrates that fair use is good for creativity and innovation, and in practice works well. You don’t have to take my word for it; if you are willing to put the time in, and have …
Secret Inventions, Jonas Anderson
Secret Inventions, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Patent law - and innovation policy more generally - has traditionally been conceptualized as antithetical to secrecy. Not only does the patent system require inventors to publicly disclose their inventions in order to receive a patent, but various patent doctrines are designed to encourage inventors to forego trade secrecy. This Article offers a critique of the law’s preference for patents. In particular, this Article examines whether and under what circumstances the law should prefer patents over secrets, and vice versa.
As an initial step towards a theoretically-supported system of inventor incentives, this Article constructs a framework that attempts to balance …