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Selected Works

2016

Intellectual Property Law

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Intellectual Property

Articles 1 - 9 of 9

Full-Text Articles in Law

Introduction: The Defend Trade Secrets Act Of 2015, Christopher B. Seaman Jul 2016

Introduction: The Defend Trade Secrets Act Of 2015, Christopher B. Seaman

Christopher B. Seaman

This is an introduction to a Roundtable on the Defend Trade Secrets Act published by the Washington and Lee Law Review Online in 2015.

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Introduction: The Defend Trade Secrets Act Of 2015, Christopher B. Seaman Jul 2016

Introduction: The Defend Trade Secrets Act Of 2015, Christopher B. Seaman

Christopher B. Seaman

This is an introduction to a Roundtable on the Defend Trade Secrets Act published by the Washington and Lee Law Review Online in 2015.

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The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig Jul 2016

The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig

Carys Craig

This essay explores the important body of scholarship that has emerged on the substance, nature, and role of the public domain in intellectual property law. I offer some concrete definitions of the public domain in the copyright context, identify some ongoing sources of debate in the literature, and highlight some particularly significant voices in public domain discourse. In doing so, my aim is twofold: first, I mean to present a reasonably comprehensive but concise review of the academic public domain movement, which has been directed towards substantiating and politicizing the concept of the public domain, second, I hope to re-situate …

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Improving Patent Quality With Applicant Incentives, Stephen Yelderman Jun 2016

Improving Patent Quality With Applicant Incentives, Stephen Yelderman

Stephen Yelderman

This Article offers an alternative approach to the widely recognized problem of low-quality patents being granted by the patent office. Traditional reforms have focused almost exclusively on making the patent office more effective at examination. This Article instead looks at patent quality from an applicant’s perspective, and evaluates how certain patent rules might be encouraging inventors to file higher or lower quality claims. It proposes a variety of reforms to take advantage of applicants’ existing interests in obtaining patents that are both broad enough to create infringing activity and narrow enough to be valid. The result is a distinctive set …

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Intellectual Property, Asian Philosophy And The Yin-Yang School, Peter K. Yu May 2016

Intellectual Property, Asian Philosophy And The Yin-Yang School, Peter K. Yu

Peter K. Yu

As an introduction to a special issue on intellectual property philosophy, this article focuses on insights from Asian thought. Such a focus is needed not only to provide balance within this special issue, which includes articles focusing primarily on Western philosophy, but also to highlight the compatibility between Asian philosophy and the notion of intellectual property rights. More importantly, this article aims to demonstrate that Asian philosophy may suggest new ways to address the ongoing and highly complex intellectual property challenges confronting emerging economies and the digital environment.

This article begins by providing a brief discussion of the many different …

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Intellectual Property And Related Rights In Climate Data, Michael W. Carroll Mar 2016

Intellectual Property And Related Rights In Climate Data, Michael W. Carroll

Michael W. Carroll

This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes the variety of climate data needed by researchers …

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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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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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