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Intellectual Property Law

Selected Works

2016

Articles 61 - 81 of 81

Full-Text Articles in Law

Foreword, David Olson Feb 2016

Foreword, David Olson

David E. Olson

No abstract provided.

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David Olson Talks About Intellectual Property At Bc Law , David Olson Feb 2016

David Olson Talks About Intellectual Property At Bc Law , David Olson

David E. Olson

Professor David Olson Talks about Intellectual Property opportunities at BC Law.

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Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams Jan 2016

Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams

Stephen F Ross

This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as …

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Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore Jan 2016

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore

Nancy J. Whitmore

No abstract provided.

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The Myth Of The Trade Secret Troll: Why We Need A Federal Civil Claim For Trade Secret Misappropriation, James Pooley Jan 2016

The Myth Of The Trade Secret Troll: Why We Need A Federal Civil Claim For Trade Secret Misappropriation, James Pooley

James Pooley

Trade secret theft is a federal crime, but civil cases must be brought in state court. Because commerce is now global and most assets are information-based, misappropriation is easier, faster and quicker. State court processes are insufficient for interstate or international disputes. The proposed Defend Trade Secrets Act of 2015 would address the problem by adding a civil claim to the Economic Espionage Act. Arguments against it tend to be based on incorrect assumptions or speculation. The legislation provides sufficient safeguards against abuse, and would not inhibit labor mobility or lead to the appearance of "trade secret trolls."

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Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak Jan 2016

Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter concentrates on the participation of indigenous peoples in multilateral initiatives to protect cultural heritage, with specific reference to intangible heritage. While an international instrument for the protection of intangible heritage was adopted over a decade ago, the importance of intangible heritage for indigenous peoples is evident in their work in various UN fora. I examine indigenous peoples’ interventions before UNESCO and bodies established to implement the Convention on the Safeguarding of Intangible Cultural Heritage; within WIPO in respect of ongoing moves to adopt specialist instruments on traditional knowledge and cultural expressions; and finally, within UNEP and the implementation …

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Fetishizing Copies, Jessica Litman Jan 2016

Fetishizing Copies, Jessica Litman

Jessica Litman

We have copyright laws to encourage authors to create new works and communicate them to the public, because we hope that people will read the books, listen to the music, see the art, watch the films, run the software, and build and inhabit the buildings. That is the way that copyright promotes the Progress of Science. Recently, that not-very-controversial principle has collided with copyright owners’ conviction that they should be able to control, or at least collect royalties from, all uses of their works. A particularly ill-considered manifestation of this conviction is what I have decided to call copy-fetish. This …

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Normalizing Copyright In The Electronic Environment, Vicenç Feliú Jan 2016

Normalizing Copyright In The Electronic Environment, Vicenç Feliú

Vicenç Feliú

This article is an update of an article written by Professor Ann Bartow in 2003 entitled Electrifying Copyright Norms and Making Cyberspace More Like a Book. In Electrifying Bartow examined the social norms applied when using copyrighted works in the analog world, she explains how social norms develop, coalesce, and become de facto rules of behavior. She proposed that, at the time the article was written, real world copyright norms were not making their way into cyberspace because copyright holders were using their own normative view to exercise control of works embodied in electronic formats. She focused on non-profit libraries …

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Empirical Evidence Of Drug Pricing Games - A Citizen's Pathway Gone Astray, Robin C. Feldman, Evan Frondorf, Andrew Cordova Dec 2015

Empirical Evidence Of Drug Pricing Games - A Citizen's Pathway Gone Astray, Robin C. Feldman, Evan Frondorf, Andrew Cordova

Robin C Feldman

The FDA’s citizen petition process was created in the 1970s as part of an effort to fashion more participatory regimes, in which ordinary citizens could access the administrative process. The theoretical underpinnings hypothesize that a participatory structure will prevent regulatory agencies from being captured by the very industries they were intended to police. Anecdotal evidence suggests, however, that the FDA’s citizen petition process may have taken a different turn. This empirical study explores whether pharmaceutical companies are systematically using citizen petitions to try to delay the approval of generic competitors. Delaying generic entry of a drug — even by a …

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Patent Licensing, Technology Transfer, & Innovation, Robin C. Feldman, Mark A. Lemley Dec 2015

Patent Licensing, Technology Transfer, & Innovation, Robin C. Feldman, Mark A. Lemley

Robin C Feldman

Traditional justifications for patents are all based on direct or indirect contribution to the creation of new products. Patents serve the social interest if they provide not just invention, but innovation the world would not otherwise have. Non-practicing entities (NPEs) as well as product-producing companies can sometimes provide such innovation, either directly, through working the patent or transfer of technology to others who do, or indirectly, when others copy the patented innovation. The available evidence suggests, however, that patent licensing demands and lawsuits from NPEs are normally not cases that involve any of these activities.

Some scholars have argued that …

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Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin C. Feldman, Mark A. Lemley, Jonathan S. Masur, Arti K. Rai Dec 2015

Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin C. Feldman, Mark A. Lemley, Jonathan S. Masur, Arti K. Rai

Robin C Feldman

As scholars who write in intellectual property (“IP”), we write this letter with aspirations of reaching the highest ethical norms possible for our field. In particular, we have noted an influx of large contributions from corporate and private actors who have an economic stake in ongoing policy debates in the field. Some dollars come with strings attached, such as the ability to see or approve academic work prior to publication or limitations on the release of data. IP scholars who are also engaged in practice or advocacy must struggle to keep their academic and advocacy roles separate.

Our goal is …

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Regulatory Property: The New Ip, Robin C. Feldman Dec 2015

Regulatory Property: The New Ip, Robin C. Feldman

Robin C Feldman

For thirty years, a new form of intellectual property has grown up quietly beneath the surface of societal observation. It is a set of government-granted rights that have the quintessential characteristic of intellectual property and other forms of property — that is, the right to exclude others from the territory. 

The impact of this form of IP on the US health care system, in particular, is enormous. In 2014, more than 40% of all new drugs approved by the FDA came through just one of these portals, with the companies collecting regulatory property rights along the way. 

Some forms of …

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College Athletic Departments As Media Organizations And The Regulation Of Content: Issues For The Digital Age, Steve Dittmore Dec 2015

College Athletic Departments As Media Organizations And The Regulation Of Content: Issues For The Digital Age, Steve Dittmore

Steve Dittmore

No abstract provided.

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Fair Use, Notice Failure, And The Limits Of Copyright As Property Dec 2015

Fair Use, Notice Failure, And The Limits Of Copyright As Property

Joseph P. Liu

If we start with the assumption that copyright law creates a system of property rights, to what extent does this system give adequate notice to third parties regarding the scope of such rights, particularly given the prominent role played by the fair use doctrine? Although the fair use doctrine may provide adequate notice to sophisticated third parties, it fails to provide adequate notice to less sophisticated parties, including the general public. Specifically, the fair use doctrine imposes nearly insuperable informational burdens upon the general public regarding the scope of the property entitlement and the corresponding duty to avoid infringement. Moreover, …

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Copyrights, Privacy, And The Blockchain, Tom W. Bell Dec 2015

Copyrights, Privacy, And The Blockchain, Tom W. Bell

Tom W. Bell

The law of the United States forces authors to choose between copyrights and privacy rights. Federal lawmakers have noticed and tried to remedy that problem. The Copyright Act makes express provisions for anonymous and pseudonymous works. The Copyright Office has tried to remedy that tension, too; copyright registration forms do not outwardly require authors to reveal their real world identities. Nonetheless, authors still face a choice between protecting their privacy and enjoying one of copyright’s most powerful incentives: the prospect of transferring to another the exclusive right to use a copyrighted work. That power proves useful, to say the least, …

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Prioritising Human Development In African Intellectual Property Law, Janewa Osei Tutu Dec 2015

Prioritising Human Development In African Intellectual Property Law, Janewa Osei Tutu

J. Janewa Osei-Tutu

The global intellectual property structure has been criticised for requiring developing nations to adopt
intellectual property standards that are appropriate for industrialised countries. Some commentators have
observed that industrialised nations, such as the United States, developed their economies by borrowing
from others, but that through the use of globalised intellectual property standards, they have effectively
limited other nations from doing the same. This article does not aim to revisit the question of the suitability
of the existing intellectual property standards for developing countries. Nor does it seek to analyse whether,
as a general proposition, intellectual property rights should be expanded …

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Human Development As A Core Objective Of Global Intellectual Property, Janewa Osei Tutu Dec 2015

Human Development As A Core Objective Of Global Intellectual Property, Janewa Osei Tutu

J. Janewa Osei-Tutu

Global intellectual property obligations shape domestic laws and policies. More
than twenty years since the first multilateral trade-based intellectual property
agreement, critics contend that global intellectual property law prioritizes intellectual
property rights over other interests, and profits over people. Faced with international
intellectual-property obligations, nations have been forced to justify laws and policies
designed to promote human development in areas such as health and education as
exceptions to intellectual property protection. This is the result of legal
interpretations that treat the objectives of intellectual property protection and human
development as inconsistent with one another. Drawing on the objectives of trade …

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The Interconnections Between Entrepreneurship, Science, And The Patent System, Amy L. Landers Dec 2015

The Interconnections Between Entrepreneurship, Science, And The Patent System, Amy L. Landers

Amy L. Landers

The recognition that innovation drives the creation of new knowledge is both significant and an underappreciated aspect of patent theory. A full assessment of the impact of the most recent recent patentability standards cannot be performed without examining the relationships between science, the patent system, and innovation within a more realistic context. To do so, the system must loosen its hold on the linear model of innovation. 

More broadly, these insights allow us to think about the patent system in ways that do not echo the traditional narrative that places science and innovation at the opposite ends of a continuum. …

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Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler Dec 2015

Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler

Raizel Liebler

YouTube’s first music awards surprised many mainstream music fans in 2013, when the Korean pop (“K-pop”) group Girls’ Generation beat out many U.S. pop music stars for Video of the Year (Yang, 2013). In 2015, the fans of K-pop group T-ara won Billboard’s Fan Army Face-Off, beating out the fans of well-established Western artists like One Direction and Beyoncé (“Fan Army,” 2015). The matchup against One Direction led to the globally trending hashtag on Twitter, #WeLove1DandKpop (“Fan Army,” 2015). While some U.S. critics and Western music fans may see these events as flukes, there is a complex history at play …

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Private Technology (Foreword), Daniel Harris Brean Dec 2015

Private Technology (Foreword), Daniel Harris Brean

Daniel Harris Brean

Privacy and technology issues tend to implicate one another. Sometimes they reinforce each other, such as when improved data security thwarts hackers. But often the use of technology diminishes privacy because, in order to benefit from the technology, users must surrender some personal, otherwise private information. In such cases the technology may be powerful, profitable, fun, or convenient, but the privacy consequences of its use can be quite profound.

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Can Dna Be Speech?, Jorge R. Roig Dec 2015

Can Dna Be Speech?, Jorge R. Roig

Jorge R Roig

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.
In this article we discuss myriad current and developing ways in which …

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