Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (19)
- University of Richmond (15)
- William & Mary Law School (14)
- Seton Hall University (11)
- Golden Gate University School of Law (10)
-
- Texas A&M University School of Law (10)
- University of Pennsylvania Carey Law School (9)
- Columbia Law School (8)
- University of Washington School of Law (8)
- Boston University School of Law (7)
- Chicago-Kent College of Law (6)
- Duke Law (6)
- Schulich School of Law, Dalhousie University (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- University of New Hampshire (6)
- Western University (6)
- Singapore Management University (5)
- Cornell University Law School (4)
- Maurer School of Law: Indiana University (4)
- Notre Dame Law School (4)
- St. John's University School of Law (4)
- UIC School of Law (4)
- University of Michigan Law School (4)
- University of Nebraska - Lincoln (4)
- California Western School of Law (3)
- Georgetown University Law Center (3)
- Loyola University Chicago, School of Law (3)
- Santa Clara Law (3)
- University of Florida Levin College of Law (3)
- University of Pittsburgh School of Law (3)
- Keyword
-
- Copyright (46)
- Intellectual property (23)
- Patents (21)
- Patent (16)
- Patent law (11)
-
- Intellectual Property (10)
- Copyright law (8)
- Intellectual Property Law (8)
- IPI (7)
- Patentability (7)
- Trademark (7)
- Fair use (6)
- Innovation (6)
- Competition (5)
- Internet (5)
- Litigation (5)
- Patent infringement (5)
- ACTA (4)
- Antitrust (4)
- DMCA (4)
- Fair Use (4)
- Federal Circuit (4)
- Inventions (4)
- TPP (4)
- Trademark law (4)
- Trademarks (4)
- Copyright infringement (3)
- Development (3)
- Free speech (3)
- Infringement (3)
- Publication
-
- Faculty Scholarship (40)
- All Faculty Scholarship (17)
- Articles (16)
- Faculty Publications (15)
- Joint PIJIP/TLS Research Paper Series (12)
-
- Law Faculty Publications (12)
- Student Works (11)
- Law Faculty Scholarship (7)
- Library Staff Publications (7)
- Scholarly Works (7)
- Articles in Law Reviews & Other Academic Journals (6)
- Intellectual Property Law (6)
- Journal Articles (6)
- Articles, Book Chapters, & Popular Press (5)
- Articles by Maurer Faculty (4)
- Copyright, Fair Use, Scholarly Communication, etc. (4)
- Cornell Law Faculty Publications (4)
- Publications (4)
- Research Collection Yong Pung How School Of Law (4)
- UIC Law Open Access Faculty Scholarship (4)
- FIMS Publications (3)
- Faculty Articles (3)
- Faculty Publications & Other Works (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Law Presentations (3)
- Law Student Publications (3)
- UF Law Faculty Publications (3)
- Akron Law Faculty Publications (2)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (2)
- Book Chapters (2)
Articles 241 - 254 of 254
Full-Text Articles in Law
Restoring Public Access In The Wake Of The Digital Millennium Copyright Act, Michael Duni
Restoring Public Access In The Wake Of The Digital Millennium Copyright Act, Michael Duni
Student Works
No abstract provided.
The Confucian Challenge To Intellectual Property Reforms, Peter K. Yu
The Confucian Challenge To Intellectual Property Reforms, Peter K. Yu
Faculty Scholarship
Written for a special issue on intellectual property and culture, this essay examines the longstanding claim that culture presents a major barrier to intellectual property reforms. In the context of Asia -- China, in particular -- that claim invokes Confucianism, a non-Western culture, to account for the region's -- or the country's -- continued struggle with massive piracy and counterfeiting problems. The claim draws on a century-old tradition of condemning Confucianism for being antithetical to Western modernity.
The first half of this essay focuses on the Confucian challenge to intellectual property reforms in China. Drawing on the important distinction between …
Antibiotic Resistance, Jessica D. Litman
Antibiotic Resistance, Jessica D. Litman
Articles
Ten years ago, when I wrote War Stories,' copyright lawyers were fighting over the question whether unlicensed personal, noncommercial copying, performance or display would be deemed copyright infringement. I described three strategies that lawyers for book publishers, record labels, and movie studios had deployed to try to assure that the question was answered the way they wanted it to be. First, copyright owners were labeling all unlicensed uses as "piracy" on the ground that any unlicensed use might undermine copyright owners' control. That epithet helped to obscure the difference between unlicensed uses that invaded defined statutory exclusive rights and other …
From Goods To A Good Life: Intellectual Property And Global Justice, Madhavi Sunder
From Goods To A Good Life: Intellectual Property And Global Justice, Madhavi Sunder
Georgetown Law Faculty Publications and Other Works
Most scholarship on intellectual property considers this law from the standpoint of law and economics. Under this conventional wisdom, intellectual property is simply a tool for promoting innovative products, from iPods to R2D2. In this highly original book Madhavi Sunder calls for a richer understanding of intellectual property law’s effects on social and cultural life. Intellectual property does more than incentivize the production of more goods. This law fundamentally affects the ability of citizens to live a good life. Intellectual property law governs the abilities of human beings to make and share culture, and to profit from this enterprise in …
Wisdom Of The Ages Or Dead-Hand Control? Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg
Wisdom Of The Ages Or Dead-Hand Control? Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg
Articles
In 1980, the Supreme Court gave a reassuring signal to the then-nascent biotechnology industry about the availability of patent protection for the fruits of its research when it upheld the patentability of a genetically modified living organism in Diamond v. Chakrabarty. Twenty-five years later, the Court seemed poised to reexamine the limits of patentable subject matter for advances in the life sciences when it granted certiorari in Laboratory Corporation v. Metabolite. But the Federal Circuit had not addressed the patentable subject matter issue in Laboratory Corporation, and the Court ultimately dismissed the certiorari p etition as improvidently granted. Five years …
Meaning, Purpose, And Cause In The Law Of Deception, Gregory Klass
Meaning, Purpose, And Cause In The Law Of Deception, Gregory Klass
Georgetown Law Faculty Publications and Other Works
Laws designed to affect the flow of information take many forms: rules against misrepresentation, disclosure requirements, secrecy requirements, rules governing the formatting or packaging of information, and interpretive rules designed to give people new reasons to share information. Together these and similar rules constitute the law of deception: laws that aim to prevent or cure deception. One encounters similar problems of design, function and justification throughout the law of deception. Yet very little has been written about the category as a whole. This article begins to sketch a general theory. It identifies three regulatory approaches. Interpretive laws, such as common …
Veblen Brands, Jeremy N. Sheff
Veblen Brands, Jeremy N. Sheff
Faculty Publications
The subject of this Article is the legal regime that regulates the struggle for control of a luxury brand across various cross-cutting cleavages in American society—global competition over wealth and status. Rights under federal trademark law, whether asserted under statutory provisions relating to simple trademark infringement or the more specialized provisions relating to trademark counterfeiting, are grounded in the doctrine of post-sale confusion.
Post-sale confusion as a doctrine unto itself has received surprisingly little critical attention. What literature does exist either characterizes post-sale confusion as merely one example of broader trends in intellectual property, or else discusses the economic or …
A New Look At Patent Quality: Relating Patent Prosecution To Validity, Ronald J. Mann, Marian Underweiser
A New Look At Patent Quality: Relating Patent Prosecution To Validity, Ronald J. Mann, Marian Underweiser
Faculty Scholarship
The article uses two hand‐collected data sets to implement a novel research design for analyzing the precursors to patent quality. Operationalizing patent “quality” as legal validity, the article analyzes the relation between Federal Circuit decisions on patent validity and three sets of data about the patents: quantitative features of the patents themselves, textual analysis of the patent documents, and data collected from the prosecution histories of the patents. The article finds large and statistically significant relations between ex post validity and both textual features of the patents and ex ante aspects of the prosecution history (especially prior art submissions and …
Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg
Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg
Faculty Scholarship
Over ten years ago, in the pages of this Journal, I inquired whether authors’ “moral rights” had come of (digital) age in the U.S. Ever-hopeful at that time, I suggested that then-recent legislation enacted to enable the copyright law to respond to the challenges of digital media might, in addition to its principal goal of securing digital markets for works of authorship, also provide new means to protect authors’ interests in receiving attribution for their works and in safeguarding their integrity. The intervening years’ developments, however, indicate that, far from achieving their majority, U.S. authors’ moral rights remain in their …
Speaking Of Moral Rights: A Conversation Between Eva E. Subotnik And Jane C. Ginsburg, Jane C. Ginsburg, Eva E. Subotnik
Speaking Of Moral Rights: A Conversation Between Eva E. Subotnik And Jane C. Ginsburg, Jane C. Ginsburg, Eva E. Subotnik
Faculty Scholarship
A transcribed conversation about moral rights in the digital age — in respect of some of the legal and technological developments that have occurred since Professor Jane Ginsburg's 2001 essay, Have Moral Rights Come of (Digital) Age in the United States?, 19 Cardozo Arts & Ent. L. J. 9 (2001).
The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh
The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh
Faculty Scholarship
Courts and scholars today understand and discuss the institution of copyright in wholly instrumental terms. Indeed, given the forms of analysis that they routinely employ, one might be forgiven for thinking that copyright is nothing more than a comprehensive government-administered scheme for encouraging the production of creative expression and is therefore quite legitimately the subject matter of public law. While this instrumental focus may have the beneficial effect of limiting copyright’s unending expansion, it also serves as a source of distraction. It directs attention away from the reality that copyright is fundamentally a creation of the law and is thus …
The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh
The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh
Faculty Scholarship
Not all copying constitutes copyright infringement. Quite independent of fair use, copyright law requires that an act of copying be qualitatively and quantitatively significant enough – or “substantially similar” – for it to be actionable. Originating in the nineteenth century, and entirely the creation of courts, copyright’s requirement of “substantial similarity” has thus far received little attention as an independently meaningful normative dimension of the copyright entitlement. This Article offers a novel theory for copyright’s substantial-similarity requirement by placing it firmly at the center of the institution and its various goals and purposes. As a common-law-style device that mirrors the …
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
Faculty Scholarship
In this Essay, I attempt to disaggregate the Second Circuit’s decision in Barclays Capital to show that while the court may have reached the right conclusion in the end (a position I have argued for previously), its reasoning to reach that conclusion is rather confusing, while at the same time a rich source of information about the future of hot news doctrine. At every stage of its analysis, the Second Circuit went to significant lengths to cabin the reach of the doctrine quite considerably, despite reiterating that it was not abrogating it altogether. In analyzing the opinion, I thus consider …
The Eye Alone Is The Judge: Images And Design Patents, Rebecca Tushnet
The Eye Alone Is The Judge: Images And Design Patents, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Design patents are an area of intellectual property law focused entirely on the visual, unlike copyright, patent, trademark, trade secret, or the various sui generis protections that have occasionally been enacted for specific types of innovation. Judges and lawyers in general are highly uncomfortable with images, yet design patents force direct legal engagement with images. This short piece offers an outsider’s view of what design patent law has to say about the use of images as legal tools, why tests for design patent infringement are likely to stay unsatisfactory, and what lessons other fields of intellectual property, specifically copyright, might …