Law Commons^™

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Branding Beyond Boundaries: The Future Of Trademarks And Advertising In Augmented Reality, Maddi Gambone

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Ilaiyaraaja Copyright Dispute Points To Issues Lyricists, Music Composers Face In India, Arul George Scaria

Popular Media

Excerpt:

"Two recent legal notices sent by the illustrious musician Ilaiyaraaja have reignited the debate over the ownership of rights over musical compositions synchronised in movies.... A closer examination of these controversies may reveal that Ilaiyaraaja might be drawing attention to a broader issue that lyricists and music composers in India have faced for over four decades.

...

It is high time that the courts in India and policymakers take concrete steps to correct the copywrongs emerging from the 1977 Supreme Court judgment in the 'Indian Performing Rights Society v. Eastern India Motion Pictures Association' case."

A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe

Joint PIJIP/TLS Research Paper Series

Research works occupy a unique place in the knowledge economy. They are foundational to human development, and they expand our existing knowledge base and catalyze entirely new fields of study. Creators of research works have a significant interest in the public accessibility of their works at the earliest opportunity with no expectation of financial returns from sales and distribution. As such, they constitute a different category of works and facilitate distinct considerations than other creative goods governed by copyright. Copyright law is organized around the provision of economic incentives to facilitate the continued production and distribution of authorial works for …

Getting Around The Marking Requirement: Closing The Loophole On Damages, Ethan Buresh

UMKC Law Review

No abstract provided.

Connecting The Dots: Sharing Hidden Histories Of Regional Inventors’ Patents, John Schlipp, Kris Kallies

Journal of the Patent and Trademark Resource Center Association

Patent and Trademark Resource Centers (PTRCs) support inventors, entrepreneurs, and researchers with patent and trademark information. Some PTRCs share regional patent history as part of their community outreach. This article focuses on PTRCs that have developed online databases and published works documenting regional patents, thereby providing hidden historical insights for historians, genealogists, and students. It spotlights the development of Georgiavation, a historic patent database developed by the PTRC at Georgia Southern University. Finally, this article offers guidance for libraries, museums, and other institutions interested in documenting their state or regional patent histories. This can result in a more inclusive narrative …

Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski, Stanley Kowalski

The University of New Hampshire Law Review

The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither realistic nor even tenable in the current century, a century increasingly dominated by science, technology, invention, innovation, and intellectual property. Simply put, whereas lawyers are risk averse and build constructed realities to argue points and serve clients, scientists seek an objective assessment of truth and accept …

Patent Law's Role In Protecting Public Health, Sean B. Seymore

Vanderbilt Law School Faculty Publications

Innumerable inventions implicate public health-including drugs, vac- cines, dietary supplements, and sewage treatment plants. Over the past cen- tury, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions-whether in response to a public health crisis or to protect the credulous public from unscrupulous inventors. While normative and policy-based arguments can justify these interventions, they've disrupted the delicate balance of two competing policy objectives in patent law- enhancing public welfare and promoting innovation. This Article offers a new approach for courts to protect public health in patent cases-by making public health an …

The President’S Authority Over Cross-Border Data Flows, Anupam Chander, Paul M. Schwartz

Georgetown Law Faculty Publications and Other Works

This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because of the information flows that they entail. Such authority is grounded in laws focused on protecting national security, here with respect to foreign surveillance and propaganda. But broad executive powers over our information infrastructure raises significant concerns with respect to core American values of free expression and due process. Worries about unfettered foreign access to data should be coupled with worries about unfettered executive control over our information services and technologies.

United States National Aeronautics And Space Administration (Nasa) Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

US NASA Scientific Integrity Policy

If You Wanna Use My Lyrics: Copyright Preemption Of Browsewrap Contracts After Ml Genius Holdings Llc V. Google Llc, Joseph Sotile

The University of Cincinnati Intellectual Property and Computer Law Journal

The Copyright Act of 1976 aimed to streamline the United States’ copyright system, replacing dual federal and state protections using an express statutory preemption clause, § 301. Despite the Act’s uniformity objective, challenges persist in the consistent application of copyright preemption, particularly concerning breach of contract claims. A circuit split has emerged, with one group arguing for copyright preemption of contracts involving copyrightable material, while another asserts that most contracts that involve copyrightable material are not preempted and can be enforced. This split was underscored and expanded by the 2022 case ML Genius Holdings LLC v. Google LLC, where the …

Centering Relationality And Care For Stewardship Of Indigenous Research Data, Miranda Belarde-Lewis, Sandra Littletree, Iisaaksiichaa Ross Braine, Kaitlin Srader, Nestor Guerrero, Carole L. Palmer

Copyright, Fair Use, Scholarly Communication, etc.

The CARE Principles for Indigenous Data Governance are a seminal advance in the stewardship of Indigenous data. The Data Services for Indigenous Scholarship and Sovereignty (DSISS) project is working to guide how research libraries and data repositories can apply the CARE principles to support scholars of Indigenous culture and language. Building on a set of foundational case studies of Indigenous scholarship, this paper reports on analysis of formal engagement activities with scholars, Indigenous community members, and information and data professionals. We discuss three prominent themes—ownership, trust, and relational accountability—and their implications for concrete steps toward implementation of the CARE principles …

Standing And Criminal Law, F. Andrew Hessick, Sarah A. Benecky

BYU Law Review

According to the Supreme Court, the “irreducible constitutional minimum of Article III standing” is a concrete, particularized injury in fact that is traceable to the defendant and redressable by a favorable judgment. But this set of requirements does not apply in criminal cases. The federal government has authority to bring prosecutions for any violation of federal criminal law, regardless of whether the crime caused concrete harm to the United States or anyone else, and even though the punishment for the crime does not redress an injury in any conventional sense.

This Article argues that the difference in standing requirements between …

Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg

Chicago-Kent Journal of Intellectual Property

Interpretation of post-AIA IPR estoppel, codified in U.S.C. § 315(e)(2), is an issue at the forefront of patent litigation and plays an important role in the litigation process and strategy. The Federal Cir-cuit’s April 2023 ruling in Ironburg Inventions Ltd. v. Valve Corp., adopted the “skilled searcher standard” and provided some clarity re-garding the meaning of the § 315(e)(2) language, “reasonably could have raised.” While Ironburg did hold that prior art which “reasonably could have been raised” is that which “a skilled searcher conducting a diligent search reasonably would have been expected to discover,” questions pertaining to what exactly is …

Iconic Copiestm, Felicia Caponigri

Chicago-Kent Journal of Intellectual Property

There is a word that is prevalent today in marketing campaigns, ed-itorials, and our everyday language: iconic. “Iconic” is not only preva-lent as a word in everyday life. Iconic can also have legal significance. As I introduce in this article, the concept of iconic and its use by brands in trademark registrations, oppositions, and litigation has significant and underappreciated consequences under the law. There has yet been no study on the word “iconic” or the legal significance of iconic, de-spite the word’s creeping use in legal filings and claims. My article fills this gap by introducing the concept of iconic …

Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson

American Indian Law Journal

No abstract provided.

Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety

American Indian Law Journal

No abstract provided.

How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa, Ryland Mahre

American Indian Law Journal

No abstract provided.

Obtaining Trademark Registration For Marks Containing Political Commentary: A Look Into Vidal V. Elster, Annick Runyon

University of Miami Law Review

For decades, courts have struggled with balancing trademark law with the First Amendment—specifically with cases challenging the denial of trademark registration of certain marks. Congress codified trademark registration through the Lanham Act, also known as the Trademark Act of 1946. This statute outlines the registration process and expands the rights of trademark owners. In recent years, a string of cases have ruled certain provisions of the Lanham Act that bar certain marks from registration unconstitutional.

Currently under review by the Supreme Court, the case Vidal v. Elster involves an applicant who was denied trademark registration for his mark “Trump Too …

Limitations And Exceptions In The Wipo Instrument On Genetic Resources And Associated Traditional Knowledge, Sean Flynn

Joint PIJIP/TLS Research Paper Series

One of the hot topics in the World Intellectual Property Organization (WIPO) diplomatic conference on an instrument on “Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources” is whether and what exceptions language should be included in the text. At the brief public report from Committee I on May 15, 2024, the Chair reported: “There appears to be adequate support for eliminating Article 4, limitations and exceptions. Some parties opposed.” This Blog provides some background information on the Article and analysis of potentially applicable models and concepts for the provision, including analysis of similar treaties with no exceptions.

Sanctions For Non Disclosure, As Set Out In Article 6 Of The Wipo Basic Proposal On Intellectual Property, Genetic Resources And Traditional Knowledge, Should Include Possible Revocation Of A Patent, James Love, Claire Cassedy

Joint PIJIP/TLS Research Paper Series

The basic proposal for an international legal instrument relating to intellectual property, genetic resources and traditional knowledge associated with genetic resources prepared by the World Intellectual Property Organization (WIPO) Secretariat (GRATK/DC/3) sets out in its Article 3 a narrow obligation to disclose (1) the country of origin of the genetic resource, or if not known, its source, and (2) the Indigenous Peoples or local community that provided traditional knowledge associated with the genetic resource, or the source of such knowledge.

Article 6 of the basic proposal sets out the sanctions and remedies for failures to make such disclosures. Among the …

Era Of Confusion: The State Of Patent Eligibility Jurisprudence And The Need For Intervention, Alyssa Boggs

St. Mary's Law Journal

No abstract provided.

Unrestricted Versus Regulated Open Data Governance: A Bibliometric Comparison Of Sars-Cov-2 Nucleotide Sequence Databases, Nathanael Sheehan, Federico Botta, Sabina Leonelli

Copyright, Fair Use, Scholarly Communication, etc.

Two distinct modes of data governance have emerged in accessing and reusing viral data pertaining to COVID-19: an unrestricted model, espoused by data repositories part of the International Nucleotide Sequence Database Collaboration and a regulated model promoted by the Global Initiative on Sharing All Influenza data. In this paper, we focus on publications mentioning either infrastructure in the period between January 2020 and January 2023, thus capturing a period of acute response to the COVID-19 pandemic. Through a variety of bibliometric and network science methods, we compare the extent to which either data infrastructure facilitated collaboration from different countries around …

A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe

Minnesota Journal of Law, Science & Technology

No abstract provided.

Generative Ai, Plagiarism, And Copyright Infringement In Legal Documents, Amy B. Cyphert

Minnesota Journal of Law, Science & Technology

No abstract provided.