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2016

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Articles 2461 - 2490 of 15253

Full-Text Articles in Law

Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty Oct 2016

Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty

Journal of Intellectual Property Law

No abstract provided.


Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim Oct 2016

Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim

Journal of Intellectual Property Law

The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …


Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser Oct 2016

Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser

Journal of Intellectual Property Law

No abstract provided.


Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell Oct 2016

Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell

Journal of Intellectual Property Law

No abstract provided.


Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh Oct 2016

Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh

Journal of Intellectual Property Law

No abstract provided.


Machinima And Copyright Law, Matthew Brett Freedman Oct 2016

Machinima And Copyright Law, Matthew Brett Freedman

Journal of Intellectual Property Law

No abstract provided.


Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman Oct 2016

Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman

Journal of Intellectual Property Law

No abstract provided.


Who Owns Kim Basinger? The Right Of Publicity's Place In The Bankruptcy System, Jody C. Campbell Oct 2016

Who Owns Kim Basinger? The Right Of Publicity's Place In The Bankruptcy System, Jody C. Campbell

Journal of Intellectual Property Law

No abstract provided.


Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg Oct 2016

Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg

Journal of Intellectual Property Law

The monopoly theory of trademarks would antitrustize trademark law by incorporating antitrust legal precedent, economics, policies, reasoning, and terminology. The theory is comprised of six interrelated postulates contained in trademark law and scholarship. The postulates are (1) trademarks are monopolies; (2) trademark monopolies are like illegal antitrust monopolies because both harm competition; (3) trademark law is like antitrust law because both value competition; (4) trademark law is like antitrust law because both apply economic methodology to product markets; (5) an antitrust lens can help one understand trademarks and trademark law; and (6) an antitrust lens can help one decide whether …


The Hotchkiss Unobviousness Standard: Early Judicial Activism In The Patent Law, Edward C. Walterscheid Oct 2016

The Hotchkiss Unobviousness Standard: Early Judicial Activism In The Patent Law, Edward C. Walterscheid

Journal of Intellectual Property Law

No abstract provided.


Images Of Public Places: Extending The Copyright Exemption For Pictorial Representations Of Architectural Works To Other Copyrighted Works, Andrew Inesi Oct 2016

Images Of Public Places: Extending The Copyright Exemption For Pictorial Representations Of Architectural Works To Other Copyrighted Works, Andrew Inesi

Journal of Intellectual Property Law

No abstract provided.


A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison Oct 2016

A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison

Journal of Intellectual Property Law

This Article has two goals. The first is to explain in some detail what copyright law might look like if it reflected economic reasoning. The second is to put to the test the question of whether copyright law is as far out of sync with economic guidelines as cases ranging from White-Smith Music to Eldred suggest. Although this introduction has stressed the economic irrationality of copyright law, could it actually be that within copyright decisions there is an implicit economic sensibility?


Deficiencies And Proposed Recommendations To The False Marking Statute: Controlling Use Of The Term 'Patent Pending', Bonnie Grant Oct 2016

Deficiencies And Proposed Recommendations To The False Marking Statute: Controlling Use Of The Term 'Patent Pending', Bonnie Grant

Journal of Intellectual Property Law

No abstract provided.


Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin Oct 2016

Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin

Journal of Intellectual Property Law

No abstract provided.


The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley Oct 2016

The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley

Journal of Intellectual Property Law

No abstract provided.


There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb Oct 2016

There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb

Journal of Intellectual Property Law

No abstract provided.


International Trademark Prosecution Streamlined: The Madrid Protocol Comes Into Force In The United States, Jeffrey M. Samuels, Linda B. Samuels Oct 2016

International Trademark Prosecution Streamlined: The Madrid Protocol Comes Into Force In The United States, Jeffrey M. Samuels, Linda B. Samuels

Journal of Intellectual Property Law

No abstract provided.


Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance Oct 2016

Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance

Journal of Intellectual Property Law

No abstract provided.


How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford Oct 2016

How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford

Journal of Intellectual Property Law

This paper explores the workings of the patent system in the context of the generation of new pharmaceutical products. First it identifies the relevant characteristics of the patent system and its relation to the market. The paper concedes that, in general, the patent system is probably the best way of generating new technology, in substantial part because that system uses the market to provide both incentives and rewards. The paper also identifies downsides of this patent/market system: deadweight loss and the unresponsiveness of that patent/market system to the needs of the poor. The paper then explores the social costs and …


The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais Oct 2016

The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais

Journal of Intellectual Property Law

The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …


University Research-A New Defense Under The Patent Law, Judith L. Curry, Bruce E. O'Connor Oct 2016

University Research-A New Defense Under The Patent Law, Judith L. Curry, Bruce E. O'Connor

Journal of Intellectual Property Law

No abstract provided.


Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey Oct 2016

Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey

Journal of Intellectual Property Law

This paper addresses the Patent Office's misinterpretation of the Supreme Court's ruling in Dickinson v. Zurko regarding the applicability of the factual review standards of the Administrative Procedure Act (APA) to Patent Office findings. More particularly, in accordance with this misinterpretation, recent guidelines promulgated by the Patent Office violate the APA and controlling precedent.

To date, the proper procedures for prosecuting a patent application have been carefully honed through a myriad of statutes, rules, and controlling legal opinions. The resulting procedures are set forth in exemplary prose in the Manual of Patent Examining Procedure (MPEP) issued and revised periodically by …


Note: Canons Of Judicial Ethics - Extra Judicial Activities Oct 2016

Note: Canons Of Judicial Ethics - Extra Judicial Activities

The Catholic Lawyer

No abstract provided.


The Settlement Of Labor Disputes In Industries Affected With A National Interest, James J. Graham Oct 2016

The Settlement Of Labor Disputes In Industries Affected With A National Interest, James J. Graham

The Catholic Lawyer

No abstract provided.


Recent Decision: Conviction Under Discriminatory City Ordinance Held "State Action" Oct 2016

Recent Decision: Conviction Under Discriminatory City Ordinance Held "State Action"

The Catholic Lawyer

No abstract provided.


Recent Decision: State Anti-Discrimination Act Not A Burden On Interstate Commerce Oct 2016

Recent Decision: State Anti-Discrimination Act Not A Burden On Interstate Commerce

The Catholic Lawyer

No abstract provided.


Recent Decision: With All Deliberate Speed - A Changing Concept In Desegregation Oct 2016

Recent Decision: With All Deliberate Speed - A Changing Concept In Desegregation

The Catholic Lawyer

No abstract provided.


Note: New York's Civil Rights Legislation - A Pattern Of Progress Oct 2016

Note: New York's Civil Rights Legislation - A Pattern Of Progress

The Catholic Lawyer

No abstract provided.


Loyola University School Of Law, Owen G. Fiore Oct 2016

Loyola University School Of Law, Owen G. Fiore

The Catholic Lawyer

No abstract provided.


Parochial School Aid - A Changing Trend, Lawrence X. Cusack Oct 2016

Parochial School Aid - A Changing Trend, Lawrence X. Cusack

The Catholic Lawyer

No abstract provided.