Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (13)
- Science and Technology Law (10)
- International Law (5)
- Comparative and Foreign Law (2)
- Computer Law (2)
-
- Internet Law (2)
- Privacy Law (2)
- Art and Design (1)
- Arts and Humanities (1)
- Biotechnology (1)
- Business (1)
- Business Organizations Law (1)
- Commercial Law (1)
- Computational Engineering (1)
- Computer Engineering (1)
- Consumer Protection Law (1)
- Digital Communications and Networking (1)
- Electrical and Computer Engineering (1)
- Engineering (1)
- Entertainment, Arts, and Sports Law (1)
- Entrepreneurial and Small Business Operations (1)
- European Law (1)
- Fashion Design (1)
- Fourth Amendment (1)
- Graphic Design (1)
- Health Law and Policy (1)
- Illustration (1)
- Industrial and Product Design (1)
- Life Sciences (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Direct To Consumer Or Direct To All: Home Dna Tests And Lack Of Privacy Regulations In The United States, Karen J. Kukla
Direct To Consumer Or Direct To All: Home Dna Tests And Lack Of Privacy Regulations In The United States, Karen J. Kukla
IP Theory
Although the U.S. has some measures of privacy protection for genetic data, the lack of a comprehensive approach to protecting direct-to-consumer genetic testing results in privacy violations for both consumers and their relatives. This essay explores the critical need for the U.S. government to address these privacy violations and argues that the U.S. should approach the problem and strategize a solution similar to the European Union’s (EU) General Data Protection Regulation (GDPR). Part I identifies current United States law, both federal and state regulations that address DTC-GT and genetic privacy. Part II examines the lack of regulation surrounding current DTC-GT …
The Social Value Of Intellectual Property, Alina Ng Boyte
The Social Value Of Intellectual Property, Alina Ng Boyte
IP Theory
No abstract provided.
Patenting Genetic Information, David S. Olson, Fabrizio Ducci
Patenting Genetic Information, David S. Olson, Fabrizio Ducci
Indiana Law Journal
The U.S. biotechnology industry got its start and grew to maturity over roughly three decades, beginning in the 1980s. During this period genes were patentable, and many gene patents were granted. University researchers performed basic research— often funded by the government—and then patented the genes they discovered with the encouragement of the Bayh-Dole Act, which sought to encourage practical applications of basic research by allowing patents on federally funded inventions and discoveries. At that time, when a researcher discovered the function of a gene, she could patent it such that no one else could work with that gene in the …
When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl
When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl
IP Theory
No abstract provided.
A Production View On Patent Procurement, Ian C. Schick
A Production View On Patent Procurement, Ian C. Schick
IP Theory
When we think of a “production environment,” a law firm patent practice is not usually the first thing that comes to mind. But why not? Patent practices are highly process-oriented, and they certainly involve “manufacturing” work product, primarily in the form of new patent applications and office action responses. This article discusses how, with a production view on patent procurement, exploiting the principles of lean production can be a compelling way to adapt to tough issues presently roiling the patent ecosystem.
Our 19th Century Patent System, Gregory Reilly
Our 19th Century Patent System, Gregory Reilly
IP Theory
The patent system is in flux. Concerns abound about the imperfect fit between traditional patent rights and the Information Age, excessive numbers of patents, overbroad patent rights, poor patent quality, and allegedly exploitative actors, like so-called “patent trolls.” In response, courts, commentators, and Congress have proposed, debated, and sometimes adopted a series of reforms and changes to patent rights, patent doctrines, and patent institutions. The America Invents Act of 2011 (AIA) introduced the most significant changes to the patent system since 1952 and was even described by one commentator (hyperbolically, as we will see) as “the most significant overhaul to …
Intellectual Property, Surrogate Licensing, And Precision Medicine, Jacob S. Sherkow, Jorge L. Contreras
Intellectual Property, Surrogate Licensing, And Precision Medicine, Jacob S. Sherkow, Jorge L. Contreras
IP Theory
The fruits of the biotechnology revolution are beginning to be harvested. Recent regulatory approvals of a variety of advanced therapies—Keytruda (pembrolizumab), Kymriah (tisagenlecleucel), and patisiran—have ushered in an age of “precision medicine” treatments that target patients’ specific genetic, physiological, and environmental profiles rather than generalized diagnoses of disease. Therapies like these may soon be supplemented by gene editing technologies such as CRISPR, which could enable the targeted eradication of deleterious genetic variants to improve human health. But the intellectual property (IP) surrounding precision therapies and their foundational technology remain controversial. Precision therapies ultimately rely—and are roughly congruent with—basic scientific information …
Poverty And Patents: Intellectual Property Policy And Economic Inequality, Wenkai Tzeng
Poverty And Patents: Intellectual Property Policy And Economic Inequality, Wenkai Tzeng
Indiana Journal of Law and Social Equality
No abstract provided.
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Indiana Law Journal
How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is one in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and nonpublic information through the lens of social science —namely, principles of trust.
Patent law’s public use bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows that current …
The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis
The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis
Indiana Law Journal
Many firms invest heavily in the way their products look, and they rely on a handful of intellectual property regimes to stop rivals from producing look-alikes. Two of these regimes—copyright and trademark—have been closely scrutinized in intellectual property scholarship. A third, the design patent, remains little understood except among specialists. In particular, there has been virtually no analysis of the design patent system’s core assumption: that the rules governing patents for inventions should be incorporated en masse for designs.
One reason why the design patent system has remained largely unexplored in the literature is that scholars have never explained how …
"Justifying" The Public Interest In Patent Litigation, Scott A. Allen
"Justifying" The Public Interest In Patent Litigation, Scott A. Allen
Indiana Law Journal
No abstract provided.
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Indiana Law Journal
It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
IP Theory
No abstract provided.
Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair
Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair
IP Theory
No abstract provided.
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Indiana Law Journal
In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …
Neither Science Nor Shamans: Globalization Of Markets And Health In The Developing World, David Fidler
Neither Science Nor Shamans: Globalization Of Markets And Health In The Developing World, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
Domain Names, Globalization, And Internet Governance, Marshall Leaffer
Domain Names, Globalization, And Internet Governance, Marshall Leaffer
Indiana Journal of Global Legal Studies
No abstract provided.