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Articles 721 - 732 of 732
Full-Text Articles in Law
Against Creativity, Brian L. Frye
Against Creativity, Brian L. Frye
Law Faculty Scholarly Articles
According to the Supreme Court, copyright requires both independent creation and creativity. The independent creation requirement provides that copyright cannot protect an element of a work of authorship that is copied from a previously existing work. But scholars disagree about the meaning of and justification for the creativity requirement.
The creativity requirement should be abandoned because it is irrelevant to the scope of copyrightable subject matter and distorts copyright doctrine by encouraging inefficient “creativity rhetoric.” The purpose of copyright is to encourage the production of economically valuable works of authorship, not creativity.
Crispr, Surrogate Licensing, And Scientific Discovery, Jorge Contreras, Jacob S. Sherkow
Crispr, Surrogate Licensing, And Scientific Discovery, Jorge Contreras, Jacob S. Sherkow
Other Publications
Several research institutions are embroiled in a legal dispute over the foundational patent rights to CRISPR-Cas9 gene-editing technology, and it may take years for their competing claims to be resolved. But even before ownership of the patents is finalized, the institutions behind CRISPR have wasted no time capitalizing on the huge market for this groundbreaking technology by entering into a series of licensing agreements with commercial enterprises. With respect to the potentially lucrative market for human therapeutics and treatments, each of the key CRISPR patent holders has granted exclusive rights to a spinoff or "surrogate" company formed by the institution …
Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow
Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow
Other Publications
Recent decisions by patent offices in the USA and Europe concerning the revolutionary gene-editing technology, CRISPR/Cas9, have shed light on the importance — and puzzles — of one particular area of patent law: “nonobviousness”, as it known in the USA, or, in Europe, the “inventive step”. Patent law does not always neatly align itself with the realities of biological research. But these competing decisions from the U.S. Patent and Trademark Office and the European Patent Office have put those differences on parade. Unpacking these standards for CRISPR tell us a lot about how advances in biology are actually made — …
The Impact Of Intellectual Property On Provincial Unemployment Rates In South Korea, Soon Ho Shin
The Impact Of Intellectual Property On Provincial Unemployment Rates In South Korea, Soon Ho Shin
MPA/MPP/MPFM Capstone Projects
Intellectual property is drawing attention as an important policy tool to lower the unemployment rate in low-growth economies. The Korean Intellectual Property Office (KIPO) provides services that facilitate companies to effectively create intellectual property by operating local intellectual property support centers in connection with local governments. In this context, this research examine how the differences of intellectual property registration affect provincial unemployment rates by analyzing 10 years (2006-2015) of panel data with a fixed-effects regression model. According to my estimation results, intellectual property registrations have a statistically significant impact on provincial unemployment rates in South Korea. Since the reduction of …
Introduction: Negotiating Ip's Boundaries In An Evolving World, Stephen Yelderman
Introduction: Negotiating Ip's Boundaries In An Evolving World, Stephen Yelderman
Journal Articles
The common element of the articles that make up this Symposium Issue is a refusal to dismiss difficult questions with mechanical formality, to paper over the wrinkles that emerge when the simple models that function in the middle flounder at the edge. As this Symposium Issue will show, those wrinkles have a lot to tell us.
The Value Of Accuracy In The Patent System, Stephen Yelderman
The Value Of Accuracy In The Patent System, Stephen Yelderman
Journal Articles
Because it must rely on imperfect information, the patent system will inevitably make mistakes. To determine how the system ought to err in cases of uncertainty—and whether a given mistake is worth correcting—scholars have composed a simple picture of the consequences of error in either direction. On the one hand, erroneous patent awards impose unjustified costs. On the other hand, erroneous patent denials discourage successful inventors and reduce incentives to create in the future. The result is an essentially indeterminate balancing, in which policies of overly liberal awards drive up costs, and policies of overly cautious awards drive down incentives. …
Reevaluating Intellectual Property Law In A 3d Printing Era, Lucas S. Osborn
Reevaluating Intellectual Property Law In A 3d Printing Era, Lucas S. Osborn
Lucas S. Osborn
No abstract provided.
The Limits Of Creativity In Copyright: Digital Manufacturing Files And Lockout Codes, Lucas S. Osborn
The Limits Of Creativity In Copyright: Digital Manufacturing Files And Lockout Codes, Lucas S. Osborn
Lucas S. Osborn
Copyright Law's Delicate Balancing Act, Alan E. Garfield
Copyright Law's Delicate Balancing Act, Alan E. Garfield
Alan E Garfield
No abstract provided.
Pro Se Patent Appeals At The Federal Circuit, Daniel Harris Brean
Pro Se Patent Appeals At The Federal Circuit, Daniel Harris Brean
Daniel Harris Brean
What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle
What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle
Chris Jay Hoofnagle
Harmonizing Cultural Ip Across Borders: Fashionable Bags & Ghanaian Adinkra Symbols, Janewa Osei Tutu