Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law

Journal

Institution
Keyword
Publication Year
Publication
File Type

Articles 1 - 30 of 8734

Full-Text Articles in Law

Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield Oct 2022

Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield

Indiana Law Journal

Markets for unique digital property—digital equivalents of rare artworks, collectible trading cards, and other assets that gain value from scarcity—have exploded in the past few years. At root is the next iteration of blockchain technology, unique digital assets called non-fungible tokens. Unlike bitcoin, where one coin is the same as another, NFTs are unique, each with different attributes. An NFT that represented ownership of Boardwalk would be quite different from one that represented Baltic Avenue.

NFTs have grown from a few early breakout successes to a rapidly developing market for unique digital treasures. The attraction to buyers is ...


Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan Aug 2022

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.


Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty Aug 2022

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.


The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq. Aug 2022

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.


Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi Aug 2022

Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi

UNH Sports Law Review

No abstract provided.


Table Of Contents, Editorial Board Aug 2022

Table Of Contents, Editorial Board

UNH Sports Law Review

No abstract provided.


Masthead, Editorial Board Aug 2022

Masthead, Editorial Board

UNH Sports Law Review

No abstract provided.


Patents And The Pandemic: Intellectual Property, Social Contracts, And Access To Vaccines, Peter Lee Jul 2022

Patents And The Pandemic: Intellectual Property, Social Contracts, And Access To Vaccines, Peter Lee

Washington Journal of Law, Technology & Arts

Through enormous public support and private initiative, biopharmaceutical firms developed safe and effective COVID-19 vaccines in record time. These remarkable vaccines represent humanity’s best chance to end the devastating pandemic. However, difficult questions about ownership and access have arisen alongside the development and deployment of these vaccines. Biopharmaceutical companies have patented many of the technologies underlying these vaccines, thus seeming to pit intellectual property rights against the objective of wide and rapid dissemination of these critical resources. While prevailing debates have been framed in the language of intellectual property, this Article suggests that contract principles can help break the ...


Unravelling Inventorship, Toshiko Takenaka Jul 2022

Unravelling Inventorship, Toshiko Takenaka

Chicago-Kent Journal of Intellectual Property

Inventorship, who made an invention, is one of the most important concepts under the U.S. patent system. Incorrect inventorship determinations result in patent invalidity not only because U.S. Constitution requires granting patents to true inventors, but also first-inventor- to-file novelty inherited many aspects of first-to-invent novelty which depended on inventorship whether to include prior inventions as prior art. Correcting inventorship may result in sharing patent exclusivity with competitors, which forfeits profits necessary to recover expensive development costs. However, the standard to determine inventorship has been called muddy by judges and commentators because neither the Patent Act nor case ...


Engaging With Outlaw Art, Jonathan Barrett Jul 2022

Engaging With Outlaw Art, Jonathan Barrett

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Copyright Wasteland, Shani Shisha Jul 2022

The Copyright Wasteland, Shani Shisha

BYU Law Review

The Copyright Act grants certain exclusive rights to authors of creative works. But many of these exclusive rights are notoriously underspecified. And while a rich body of case law grapples with one copyright entitlement—the right to reproduce the copyrighted work— courts rarely engage in earnest with other exclusive rights. As a result, courts appear to have only a rudimentary understanding of the precise scope of copyright law. Because courts focus almost singularly on questions of reproduction, other exclusive rights fall by the wayside. This Article contends, counterintuitively, that the problem is traceable to a much-maligned feature of our copyright ...


Syarat Kebaruan Pada Desain Industri Sebagai Dasar Gugatan Pembatalan Desain Industri, Rizqi Tsaniati Putri Jul 2022

Syarat Kebaruan Pada Desain Industri Sebagai Dasar Gugatan Pembatalan Desain Industri, Rizqi Tsaniati Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Intellectual Property Rights, including Industrial Design Rights, are an important matter to be protected especially in relation to the growing market development in the world and in Indonesia itself. Protection of Industrial Designs is needed to encourage creativity and as a form of protection and appreciation for Industrial Designs for its creators. In Indonesia, the protection of industrial designs is regulated based on Law Number 31 of 2000 concerning Industrial Designs. Even though Indonesia already has laws and regulations governing the Industrial Designs, there are still some things in the Law that still need to be clarified in order ...


Copyright Notice, Chicago-Kent Journal Of Intellectual Property Jul 2022

Copyright Notice, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Chicago-Kent Journal Of Intelletual Property Editorial Board 2021-2022, Chicago-Kent Journal Of Intellectual Property Jul 2022

Chicago-Kent Journal Of Intelletual Property Editorial Board 2021-2022, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Table Of Contents, Chicago-Kent Journal Of Intellectual Property Jul 2022

Table Of Contents, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Reexamining The Reviewed: Challenging Patents Subject To Inter Partes Review Via Ex Parte Reexamination, Ellyar Y. Barazesh Jul 2022

Reexamining The Reviewed: Challenging Patents Subject To Inter Partes Review Via Ex Parte Reexamination, Ellyar Y. Barazesh

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Ptrc Customer Assessment Survey And Best Practices, John Schlipp, Christian Sheehy Jul 2022

Ptrc Customer Assessment Survey And Best Practices, John Schlipp, Christian Sheehy

Journal of the Patent and Trademark Resource Center Association

Assessment of customer activities in academic, public, and special libraries demonstrates their impact and value to library administrators and constituents. In turn, this assists in securing and maintaining advocacy and financial support. Although many formal and informal assessment best practices have evolved to measure the quantitative and qualitative impact of information literacy instruction, few if any best practices have been established to measure impact specific to Patent & Trademark Resource Center (PTRC) customers. This article reviews the results of a survey of PTRC Libraries and their customer assessment practices. Such analysis reveals best practices for other PTRCs to build upon and ...


Patents And Market Research: Librarians Partnering To Assist Bioengineering Senior Design Teams, Jennifer L. Groff, Meredith Futral Jul 2022

Patents And Market Research: Librarians Partnering To Assist Bioengineering Senior Design Teams, Jennifer L. Groff, Meredith Futral

Journal of the Patent and Trademark Resource Center Association

Clemson’s business and engineering librarians have partnered to create a two-step, efficient process to assist Bioengineering Senior Design students in understanding patents and patent searching and market research. Clemson University’s required two-semester Bioengineering Senior Design program matches teams of students with regional clinicians to develop biomedical devices that they research, design, prototype, and test. In the first semester of the program, in which the business and engineering librarians are involved, students take BioE4010-Bioengineering Design Theory. BioE4010 is offered in both the Fall and Spring semesters, but enrollment is significantly higher in the fall. For example, in the Fall ...


Cyber-Silencing The Community: Youtube, Divino Group, And Reimagining Section 230, Layla G. Maurer Jul 2022

Cyber-Silencing The Community: Youtube, Divino Group, And Reimagining Section 230, Layla G. Maurer

Washington Journal of Law, Technology & Arts

Social media platforms, once simple messaging boards, have grown to colossal size. They are now a vital source of communication and connection, particularly for marginalized groups such as the LGBTQ+ community. Social media holds incredible sway over the news, political discourse, and entertainment that we consume, and the platforms we use are now able to sculpt conversations simply by allowing or disallowing (i.e., moderating) specific types of speech or content.

One indirect form of moderation is demonetization, a means by which content creators are disallowed revenue from advertisements on their hosted media. The consequence of improper demonetization is not ...


A Helper For Patenting The “Unpredictable”: Artificial Intelligence, Shuang Liu Jun 2022

A Helper For Patenting The “Unpredictable”: Artificial Intelligence, Shuang Liu

Minnesota Journal of Law, Science & Technology

No abstract provided.


Construction Law: The English Route To Modern Construction Law, Vivian Ramsey Jun 2022

Construction Law: The English Route To Modern Construction Law, Vivian Ramsey

Arkansas Law Review

In this Article, I will look at the way that construction law has developed in the English common law world from its roots in the law of England and Wales. Whilst common law traditions are now applied to many jurisdictions, the number of jurisdictions in which English precedents are binding is now small. But, in many common law jurisdictions decisions of the English courts are still treated as “persuasive.” English decisions in the field of construction law have an extensive reach in terms of their persuasiveness. First, having a long-established court system, including a specialist court for 150 years, has ...


Intellectual Property In E-Commerce Retail Arbitrage: An Analysis Of The Legality Of Using Intellectual Property In Drop-Shipping, Kara J. Bloomer Jun 2022

Intellectual Property In E-Commerce Retail Arbitrage: An Analysis Of The Legality Of Using Intellectual Property In Drop-Shipping, Kara J. Bloomer

BYU Law Review

No abstract provided.


Thank You For Not Publishing (Unexamined Patent Applications), Lidiya Mishchenko Jun 2022

Thank You For Not Publishing (Unexamined Patent Applications), Lidiya Mishchenko

BYU Law Review

Since 2000, the U.S. Patent & Trademark Office (“PTO”) has published nearly all patent applications as they are submitted by applicants. Scholars and practitioners have praised this practice for providing timely notice of the potential legal rights the application may eventually cover. But maximizing timeliness and transparency in this way can also create significant costs, which may chill innovation and deter the development and funding of new research areas. This Article explores these often-unrecognized costs of publishing unexamined patent applications and proposes solutions that balance the benefits of early notice with the costs of patent system uncertainty. Published patent applications ...


Innovation’S Hidden Externalities, Stephanie Plamondon Bair Jun 2022

Innovation’S Hidden Externalities, Stephanie Plamondon Bair

BYU Law Review

When commentators discuss innovation’s externalities, they often classify them into one of two categories. On the positive externalities, or “spillovers” side, legal and economics scholars often speak of the benefits innovation confers on other innovators. Future innovators profit from past innovation as they “stand on the shoulders of giants” to develop progressively new and better innovation. Discussion of innovation’s negative externalities, on the other hand, has mainly focused on social harms not directly related to future innovation that particular advances impose on third parties—the classic example being pollution. Thus, the common understanding is that innovation’s spillovers ...


Tiktok The Musical: Copyright Issues Raised By The "Ratatouille" Musical, Paige V. Gagliardi Jun 2022

Tiktok The Musical: Copyright Issues Raised By The "Ratatouille" Musical, Paige V. Gagliardi

Washington Journal of Law, Technology & Arts

TikTok the Musical: Copyright Issues Raised by the “Ratatouille” Musical, explores the growing trend in derivative works and the failures of current copyright law to address it. This article asserts that while derivative works are excellent creative outlets, a safe haven in a tumultuous world, allowing appropriation of copyrights via the fair use doctrine conflicts with the foundations of copyright law. This article argues that IP giants such as the Walt Disney Company have sent a dangerous message to the general public by allowing the TikTok trend of the #ratatouillemusical to become an actual musical: that unlicensed derivative works will ...


Case Law On American Indians, Thomas P. Schlosser Jun 2022

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Generic Ab Initio, James A. Heilpern, Earl Kjar Brown, William G. Eggington, Zachary D. Smith Jun 2022

Generic Ab Initio, James A. Heilpern, Earl Kjar Brown, William G. Eggington, Zachary D. Smith

Buffalo Law Review

From comic conventions to disbanded dioceses, courts continue to struggle with a unique but puzzling question of trademark law. Federal law protects certain terms that refer to a product or service from a specific producer instead of to a product generally. Terms that refer to products are considered generic and cannot receive protection. Courts have also held that a term that was generic at the time the party adopted the mark cannot receive protection, even if the public later views it as being specific to a particular producer. But, many marks were adopted decades or centuries ago. As a result ...


Artificial Intelligence/ Machine Learning-Based Medical Devices: Regulatory And Patentability Challenges, May Lee Jun 2022

Artificial Intelligence/ Machine Learning-Based Medical Devices: Regulatory And Patentability Challenges, May Lee

Penn State Journal of Law & International Affairs

No abstract provided.


The Post-Pandemic Order: A Blueprint For Balancing Health And Ip Interests In The Age Of Covid Variants, Arjun Padmanabhan, Tanner J. Wadsworth Jun 2022

The Post-Pandemic Order: A Blueprint For Balancing Health And Ip Interests In The Age Of Covid Variants, Arjun Padmanabhan, Tanner J. Wadsworth

Penn State Journal of Law & International Affairs

In December 2021, the World Health Assembly (“WHA”) convened to develop a pandemic response treaty for future pandemics. Unfortunately, as presently envisioned, the resulting pandemic response framework will suffer from many of the same inadequacies that prevented existing frameworks from responding effectively to COVID-19. The threat of new pandemics emerging in the future—and new variants developing in the present—call for a more integrated, robust, comprehensive solution.

This Article lays a blueprint for that solution: a global multilateral Council empowered to (1) investigate developing pandemics; (2) incentivize pharmaceutical companies to rapidly-produce vaccines and share them through voluntary licenses or ...


Does Size Matter? Nanoscale Particle Size As An Indicator Of Inherency In Nanopharmaceutical Patent Validity, Kirsten Fehlan Jun 2022

Does Size Matter? Nanoscale Particle Size As An Indicator Of Inherency In Nanopharmaceutical Patent Validity, Kirsten Fehlan

Georgia State University Law Review

Scientific and technological advances in nanopharmaceuticals bring the doctrine of inherent obviousness to a head. On the one hand, nanotechnology promises to offer novel ways to target and treat traditionally incurable diseases by operating at a scale that is comparable to the scales that most biological systems use. On the other hand, nanotechnology inventions that result in improved pharmacokinetic properties are susceptible to validity challenges based on inherent obviousness.

Inherency and obviousness are two independently recognized and well-understood principles in United States patent law. Inherency refers to a claimed limitation or feature that is either necessarily present in, or the ...