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Intellectual Property Law

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Santa Clara Law

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Full-Text Articles in Law

Copyrighting Copywrongs: An Empirical Analysis Of Errors With Automated Dmca Takedown Notices, Seng, Daniel Apr 2021

Copyrighting Copywrongs: An Empirical Analysis Of Errors With Automated Dmca Takedown Notices, Seng, Daniel

Santa Clara High Technology Law Journal

COPYRIGHTING COPYWRONGS: AN EMPIRICAL ANALYSIS OF ERRORS WITH AUTOMATED DMCA TAKEDOWN NOTICES


Making Mistakes With Machines, Dhanoa. Harsimar Jan 2021

Making Mistakes With Machines, Dhanoa. Harsimar

Santa Clara High Technology Law Journal

MAKING MISTAKES WITH MACHINES


The Future Of Biotechnology: Accelerating Geneediting Advancements Through Non-Exclusive Licenses And Open-Source Access Of Crispr-Cas9, Rissberger, Emily N. Jan 2021

The Future Of Biotechnology: Accelerating Geneediting Advancements Through Non-Exclusive Licenses And Open-Source Access Of Crispr-Cas9, Rissberger, Emily N.

Santa Clara High Technology Law Journal

From the immune system of bacteria comes a promising new gene-editing technology, CRISPR-Cas9. Discovered in 2012, CRISPR-Cas9 has already been named one of the fastest, easiest, and cheapest gene-editing technologies. With this reputation, CRISPR-Cas9 shows promise in the research and treatments of a wide array of diseases: cancer, blood disorders, blindness, AIDS, Cystic Fibrosis, Muscular Dystrophy, Huntington’s disease, and even COVID-19 to name a few. This relatively new technology has brought hope to researchers, doctors, and patients alike; however, current biotechnology licensing practices could hinder CRISPR-Cas9’s groundbreaking potential. This article examines common biotechnology licensing practices, specifically the practices of two …


The Curious Crypto Question: Do Patents Advance Fintech Innovation? The Paradox Arising From Five Key Recent Trends, Katopis, Chris J. Jan 2021

The Curious Crypto Question: Do Patents Advance Fintech Innovation? The Paradox Arising From Five Key Recent Trends, Katopis, Chris J.

Santa Clara High Technology Law Journal

The Author examines some recent trends in intellectual property (U.S. patents) in the fintech sector, summarizes this empirical data, and discusses the potential implications of these developments.


Should Personal Information And Biometric Data Be Protected Under A Comprehensive Federal Privacy Statute That Uses The California Consumer Privacy Act And The Illinois Biometric Information Privacy Act As Model Laws?, Buresh, Donald L. Jan 2021

Should Personal Information And Biometric Data Be Protected Under A Comprehensive Federal Privacy Statute That Uses The California Consumer Privacy Act And The Illinois Biometric Information Privacy Act As Model Laws?, Buresh, Donald L.

Santa Clara High Technology Law Journal

The issue addressed in this paper was that only a minority of states have passed privacy and biometric privacy rights laws. The collection, storage, use, and dissemination of personal information and biometric data is becoming paramount due to the public’s ever-increasing desire for security. The purpose of this study was to understand and evaluate the privacy and property issues that states confront that are inherent within the use and results of employing personal information and biometric data to enhance corporate security in their efforts to protect individual privacy. This research addressed the following questions: (1) What are the biometric privacy …


Eu General Data Protection Regulation Sanctions In Theory And In Practice, W. Gregory Voss, Bouthinon-Dumas, Hugues Jan 2021

Eu General Data Protection Regulation Sanctions In Theory And In Practice, W. Gregory Voss, Bouthinon-Dumas, Hugues

Santa Clara High Technology Law Journal

EU GENERAL DATA PROTECTION REGULATION SANCTIONS IN THEORY AND IN PRACTICE


Local Police Surveillance And The Administrative Fourth Amendment, Fidler, Mailyn Aug 2020

Local Police Surveillance And The Administrative Fourth Amendment, Fidler, Mailyn

Santa Clara High Technology Law Journal

LOCAL POLICE SURVEILLANCE AND THE ADMINISTRATIVE FOURTH AMENDMENT


Microsoft-Nokia Merger Control In East Asia, Chuang, Luke Hung-Yu, Chao, Shih-Wei Aug 2020

Microsoft-Nokia Merger Control In East Asia, Chuang, Luke Hung-Yu, Chao, Shih-Wei

Santa Clara High Technology Law Journal

MICROSOFT-NOKIA MERGER CONTROL IN EAST ASIA


Is “Ethical Ai” A Red Herring?, Walker, Joshua May 2020

Is “Ethical Ai” A Red Herring?, Walker, Joshua

Santa Clara High Technology Law Journal

IS “ETHICAL AI” A RED HERRING


The Healthcare Privacy-Artificial Intelligence Impasse, Tschider, Charlotte A. May 2020

The Healthcare Privacy-Artificial Intelligence Impasse, Tschider, Charlotte A.

Santa Clara High Technology Law Journal

THE HEALTHCARE PRIVACY-ARTIFICIAL INTELLIGENCE IMPASSE


The Promise Of Machine Learning For Patent Landscaping, Toole, Andrew A., Pairolero, Nicholas A., Forman, James Q., Giczy, Alexander V. May 2020

The Promise Of Machine Learning For Patent Landscaping, Toole, Andrew A., Pairolero, Nicholas A., Forman, James Q., Giczy, Alexander V.

Santa Clara High Technology Law Journal

THE PROMISE OF MACHINE LEARNING FOR PATENT LANDSCAPING


When Laws Govern Laws: A Review Of The 2018 Discussions Of The Group Of Governmental Experts On The Implementation And Regulation Of Lethal Autonomous Weapons Systems, Mitchell, Caitlin May 2020

When Laws Govern Laws: A Review Of The 2018 Discussions Of The Group Of Governmental Experts On The Implementation And Regulation Of Lethal Autonomous Weapons Systems, Mitchell, Caitlin

Santa Clara High Technology Law Journal

WHEN LAWS GOVERN LAWS: A REVIEW OF THE 2018 DISCUSSIONS OF THE GROUP OF GOVERNMENTAL EXPERTS ON THE IMPLEMENTATION AND REGULATION OF LETHAL AUTONOMOUS WEAPONS SYSTEMS


Of Monopolies And Monocultures: The Intersection Of Patents And National Security, Duan, Charles May 2020

Of Monopolies And Monocultures: The Intersection Of Patents And National Security, Duan, Charles

Santa Clara High Technology Law Journal

OF MONOPOLIES AND MONOCULTURES: THE INTERSECTION OF PATENTS AND NATIONAL SECURITY


How The Fusion Of Technology And The Law Will Serve As A Catalyst For Legal Evolution, Andrabi, Nayef Apr 2020

How The Fusion Of Technology And The Law Will Serve As A Catalyst For Legal Evolution, Andrabi, Nayef

Santa Clara High Technology Law Journal

HOW THE FUSION OF TECHNOLOGY AND THE LAW WILL SERVE AS A CATALYST FOR LEGAL EVOLUTION


Risks Of Blockchain For Data Protection: A European Approach, Jiménez-Gómez, Briseida Sofia Apr 2020

Risks Of Blockchain For Data Protection: A European Approach, Jiménez-Gómez, Briseida Sofia

Santa Clara High Technology Law Journal

RISKS OF BLOCKCHAIN FOR DATA PROTECTION: A EUROPEAN APPROACH


Judging Equivalents, Lim, Daryl Apr 2020

Judging Equivalents, Lim, Daryl

Santa Clara High Technology Law Journal

JUDGING EQUIVALENTS


Will Fast Fashion Go Out Of Style Soon? How Couture Designers, Celebrities, And Luxury Brands Fighting Back May Change The Future Legal Landscape For Mass Affordable Retailers, Vulaj, Elizabeth Feb 2020

Will Fast Fashion Go Out Of Style Soon? How Couture Designers, Celebrities, And Luxury Brands Fighting Back May Change The Future Legal Landscape For Mass Affordable Retailers, Vulaj, Elizabeth

Santa Clara High Technology Law Journal

WILL FAST FASHION GO OUT OF STYLE SOON? HOW COUTURE DESIGNERS, CELEBRITIES, AND LUXURY BRANDS FIGHTING BACK MAY CHANGE THE FUTURE LEGAL LANDSCAPE FOR MASS AFFORDABLE RETAILERS


A Perspective On Technology Education For Law Students, Volini, Anthony Feb 2020

A Perspective On Technology Education For Law Students, Volini, Anthony

Santa Clara High Technology Law Journal

A PERSPECTIVE ON TECHNOLOGY EDUCATION FOR LAW STUDENTS


Cyberdamages, Black, Stephen T. Feb 2020

Cyberdamages, Black, Stephen T.

Santa Clara High Technology Law Journal

CYBERDAMAGES


Old School Goes Online: Exploring Fiduciary Obligations Of Loyalty And Care In The Digital Platforms Era, Whitt, Richard S. Feb 2020

Old School Goes Online: Exploring Fiduciary Obligations Of Loyalty And Care In The Digital Platforms Era, Whitt, Richard S.

Santa Clara High Technology Law Journal

OLD SCHOOL GOES ONLINE: EXPLORING FIDUCIARY OBLIGATIONS OF LOYALTY AND CARE IN THE DIGITAL PLATFORMS ERA


The Implementation Of Artificial Intelligence In Hard And Soft Counterterrorism Efforts On Social Media, Schnader, Jonathan Feb 2020

The Implementation Of Artificial Intelligence In Hard And Soft Counterterrorism Efforts On Social Media, Schnader, Jonathan

Santa Clara High Technology Law Journal

THE IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE IN HARD AND SOFT COUNTERTERRORISM EFFORTS ON SOCIAL MEDIA


Patent Eligibility Standard For Network Architecture Patents Under The Federal Circuit’S Jurisprudence, Chen, Ping-Hsun Feb 2020

Patent Eligibility Standard For Network Architecture Patents Under The Federal Circuit’S Jurisprudence, Chen, Ping-Hsun

Santa Clara High Technology Law Journal

PATENT ELIGIBILITY STANDARD FOR NETWORK ARCHITECTURE PATENTS UNDER THE FEDERAL CIRCUIT’S JURISPRUDENCE


Artificial Intelligence And The Fog Of Innovation: A Deep-Dive On Governance And The Liability Of Autonomous Systems, Brandon W. Jackson Apr 2019

Artificial Intelligence And The Fog Of Innovation: A Deep-Dive On Governance And The Liability Of Autonomous Systems, Brandon W. Jackson

Santa Clara High Technology Law Journal

ARTIFICIAL INTELLIGENCE AND THE FOG OF INNOVATION: A DEEP-DIVE ON GOVERNANCE AND THE LIABILITY OF AUTONOMOUS SYSTEMS


Algorithms And Human Freedom, Robert H. Sloan, Richard Warner Apr 2019

Algorithms And Human Freedom, Robert H. Sloan, Richard Warner

Santa Clara High Technology Law Journal

ALGORITHMS AND HUMAN FREEDOM


Defective Computer-Aided Design Software Liability In 3d Bioprinted Human Organ Equivalents, Jamil Ammar Apr 2019

Defective Computer-Aided Design Software Liability In 3d Bioprinted Human Organ Equivalents, Jamil Ammar

Santa Clara High Technology Law Journal

DEFECTIVE COMPUTER-AIDED DESIGN SOFTWARE LIABILITY IN 3D BIOPRINTED HUMAN ORGAN EQUIVALENTS


Empirical Analysis Of Australian Trademark Infringement Decisions: Implications For The U.S. Trademark Use Debate, Dr. Vicki T. Huang Apr 2019

Empirical Analysis Of Australian Trademark Infringement Decisions: Implications For The U.S. Trademark Use Debate, Dr. Vicki T. Huang

Santa Clara High Technology Law Journal

EMPIRICAL ANALYSIS OF AUSTRALIAN TRADEMARK INFRINGEMENT DECISIONS: IMPLICATIONS FOR THE U.S. TRADEMARK USE DEBATE


I, Copyright, Huson, Garrett Nov 2018

I, Copyright, Huson, Garrett

Santa Clara High Technology Law Journal

I, Copyright


“Fly Home Ye Ravens!”: How The Fcc’S Abandonment Of Broadband Regulation Will Harm Music Diversity, Batty, Luke Nov 2018

“Fly Home Ye Ravens!”: How The Fcc’S Abandonment Of Broadband Regulation Will Harm Music Diversity, Batty, Luke

Santa Clara High Technology Law Journal

“Fly Home Ye Ravens!”: How the FCC’s Abandonment of Broadband Regulation Will Harm Music Diversity


From Bits To Atoms: Does The Open Source Software Model Translate To Open Source Hardware?, Beldiman, Dana Nov 2018

From Bits To Atoms: Does The Open Source Software Model Translate To Open Source Hardware?, Beldiman, Dana

Santa Clara High Technology Law Journal

From Bits to Atoms: Does the Open Source Software Model

Translate to Open Source Hardware?


Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D. Nov 2018

Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D.

Santa Clara High Technology Law Journal

Unfair Misuse: How Section 512 of the DMCA Allows Abuse of the Copyright Fair Use Doctrine and How to Fix It