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Articles 1 - 9 of 9
Full-Text Articles in Law
Continuing The Conversation Of "The Economic Irrationality Of The Patent Misuse Doctrine", Christa J. Laser
Continuing The Conversation Of "The Economic Irrationality Of The Patent Misuse Doctrine", Christa J. Laser
Chicago-Kent Journal of Intellectual Property
This Article uses economic tools to find the best way for courts to construe or for Congress to modify the patent misuse doctrine. It attempts to continue the conversation begun by Professor Mark Lemley in his often-cited Comment, The Economic Irrationality of the Patent Misuse Doctrine. It argues that a partial economic equilibrium in patent misuse doctrine can be achieved by attempting to match Congress’s intended patent scope with the actual patent scope. It then holds that the ideal patent misuse doctrine should (1) adequately discourage patentees from seeking to exceed their patent scope while (2) continuing to encourage innovation …
The Case Of The Zia: Looking Beyond Trademark Law To Protect Sacred Symbols, Stephanie B. Turner
The Case Of The Zia: Looking Beyond Trademark Law To Protect Sacred Symbols, Stephanie B. Turner
Chicago-Kent Journal of Intellectual Property
This Article tells the story of a tribe’s fight, over the past two decades, to reclaim its sacred symbol. Members of the Zia tribe, a Native American group located near Albuquerque, New Mexico, have been using their sacred sun symbol in religious ceremonies since 1200 C.E. Today, the symbol appears on the New Mexico state flag, letterhead, and license plate, and on numerous commercial products, including motorcycles and portable toilets. The tribe claims that the state appropriated the symbol without permission in 1925, and that the continued use of the symbol by various parties dilutes its sacred meaning and disparages …
Rebutting Obviousness In The Pharmaceutical Industry: Secondary Considerations Of Analogs, Jolie D. Lechner
Rebutting Obviousness In The Pharmaceutical Industry: Secondary Considerations Of Analogs, Jolie D. Lechner
Chicago-Kent Journal of Intellectual Property
Pharmaceutical companies depend on patent protection to recuperate the high costs of research and development. In regards to the patentability of structurally related compounds, the courts must decide whether a compound is obvious in view of its structurally similar prior art. In general, a compound is non-obvious over the structurally related prior art if the compound exhibits unexpected results. However, placing primary emphasis on a compound's unexpected properties is out of step with the realities of drug development. For example, during drug development, chemists will modify a compound's structure until they produce a compound that exhibits optimal pharmakinetic properties. This …
Designer Collaborations As A Solution To The Fast-Fashion Copyright Dilemma, Arielle K. Cohen
Designer Collaborations As A Solution To The Fast-Fashion Copyright Dilemma, Arielle K. Cohen
Chicago-Kent Journal of Intellectual Property
This article explores the issue of large retailers capitalizing on designers’ designs by using the method of “close copying” and the dilemma that designers face due to their lack of recourse since their designs are not afforded copyright protection. The Council of Fashion Designers of America has been lobbying Congress for protection and their efforts have created the Innovative Design Protection and Piracy Prevention Act. This legislation is currently pending but it is a revised version of the earlier Design Piracy Prohibition Act and it removes many of the controversial provisions that were in the earlier version. Therefore, there is …
Patent Reversion: An Employee-Inventor's Second Bite At The Apple, Richard A. Kamprath
Patent Reversion: An Employee-Inventor's Second Bite At The Apple, Richard A. Kamprath
Chicago-Kent Journal of Intellectual Property
In an attempt to more fully compensate employee-inventors without harming the return on investment of employers, a patent reversion is proposed similar to that already in place in copyright law. In Section II, the background of the relationship between employer and employee-inventor will be discussed in terms of patent rights. This section will outline the problems inherent in the pre-assignment status quo of these rights from employees to employers. Section III will begin with Part A, which is a review of previously proposed solutions to the under-compensation of employee-inventors. The second part of Section III will discuss the proposed patent …
Fair Use And The Quotation Of Song Lyrics In Fiction, Stephen B. Harrison
Fair Use And The Quotation Of Song Lyrics In Fiction, Stephen B. Harrison
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Plumpy'nut Predicament: Is Compulsory Licensing A Solution?, Umar R. Bakhsh
The Plumpy'nut Predicament: Is Compulsory Licensing A Solution?, Umar R. Bakhsh
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Appendix: What Is Transformative? An Explanatory Synthesis Of The Convergence Of Transformation And Predominant Purpose In Copyright Fair Use Law, Michael D. Murray
Appendix: What Is Transformative? An Explanatory Synthesis Of The Convergence Of Transformation And Predominant Purpose In Copyright Fair Use Law, Michael D. Murray
Chicago-Kent Journal of Intellectual Property
The transformative test has risen to the top of the agenda of the copyright academic community with no less than two major studies of copyright fair use and the impact of the transformative test released in 2011 by Professors Matthew Sag and Neil Netanel that follow up on three recent comprehensive studies of copyright fair use published since 2008. The lessons learned from these two 2011 statistical studies are significant, in that both studies confirm the importance of the transformative test in terms of its application by the courts as the dominant test of fair use and in the observation …
What Is Transformative? An Explanatory Synthesis Of The Convergence Of Transformation And Predominant Purpose In Copyright Fair Use Law, Michael D. Murray
What Is Transformative? An Explanatory Synthesis Of The Convergence Of Transformation And Predominant Purpose In Copyright Fair Use Law, Michael D. Murray
Chicago-Kent Journal of Intellectual Property
Two recent statistical studies confirm that a court finding of “transformation” in a copyright fair use claim virtually assures a finding that the use is fair. This Article analyzes the entire body of United States Supreme Court and United States Courts of Appeals case law applying the transformative test in copyright fair use cases to present two points: first, that the transformative test modifies the first sentence of 17 U.S.C. § 107 — in particular, the terms, “the fair use of a copyrighted work” — rather than simply factor one of the four-factor test; second, in implementing the transformative test, …