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Full-Text Articles in Law
Nontechnical Disclosure, Jonas Anderson
Nontechnical Disclosure, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
One of the primary goals of the patent system is the broad dissemination of technical knowledge. But, as this Article argues, there is also an underappreciated amount of nontechnical knowledge contained in a patent, information that may in certain cases be more valuable to readers than the technical disclosure contained in a patent. This Article looks at various types of nontechnical disclosure to argue that appreciating the nontechnical aspects of patent disclosure can increase our understanding of what information patents are disseminating to the general public.
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet
Articles in Law Reviews & Other Academic Journals
The Federal Circuit’s ruling that the § 2(a) disparagement provision is unconstitutional, if upheld, could allow for numerous provisions of the Trademark Act to be overturned, dismantling the modern trademark system. The trademark system is premised on evaluating speech and making content-based determinations. Granting a trademark registration requires content-based determinations, though not viewpoint-based, as words are evaluated independent of applicants’ individual viewpoints.In no way does the refusal to register a trademark prevent its use or diminish public debate. Rather than facilitating public debate, a trademark registration is a government-issued document that makes it easier for its owner to suppress the …
Intellectual Property And Related Rights In Climate Data, Michael Carroll
Intellectual Property And Related Rights In Climate Data, Michael Carroll
Articles in Law Reviews & Other Academic Journals
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 Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine
The Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine
Articles in Law Reviews & Other Academic Journals
As lawsuits over the right of publicity proliferate among athletes and other celebrities, there is renewed interest, by litigants and judges alike, in the one decision by the U.S. Supreme Court that addresses a tort action arising from a "publicity" related claim, Zacchini v. Scripps-Howard Broadcasting Co. Although the 1977 ruling is often cited as holding that the right of publicity tort survives constitutional scrutiny under the First Amendment, an examination of the case and of the Supreme Court justices' available papers shows that the Court did not view the case as presenting the type of claim that has become …