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Articles 1 - 30 of 65
Full-Text Articles in Law
Keynote At The Cleveland State University College Of Law Ip+ Conference, Kathleen O'Malley
Keynote At The Cleveland State University College Of Law Ip+ Conference, Kathleen O'Malley
Cleveland State Law Review
Thank you for your kind introduction, Lee. Thank you too for your mentorship, support, and friendship over the years. I would not be where I am today but for having you in my life. And I want to thank both you and Professor Laser for inviting me to join you today—and for providing a soap box to champion the importance of a robust intellectual property system.
Comparative Intellectual Property Protection For Marijuana: United States Vs. The European Union, Jillian Gosser
Comparative Intellectual Property Protection For Marijuana: United States Vs. The European Union, Jillian Gosser
Global Business Law Review
Protecting intellectual property relating to marijuana is a complicated endeavor. The federal ban on marijuana renders trademark protection difficult at best, and patent protection, while available, still rife with complications. In Europe, the laws pose similar challenges in the protection and enforcement of marijuana related intellectual property. This Note presents a comparative law analysis of the various ways marijuana related intellectual property may be protected in the United States and Europe. Different types of intellectual property protection explored include utility patents, design patents, trademarks, plant patents, Plant Variety Protection Act coverage, and Community Plant Variety Act coverage. This Note explores …
Pop & Perjury: The Irs Valuation War With The Estate Of Michael Jackson, Beckett Cantley, Geoffrey Dietrich
Pop & Perjury: The Irs Valuation War With The Estate Of Michael Jackson, Beckett Cantley, Geoffrey Dietrich
The University of New Hampshire Law Review
When Michael Jackson died unexpectedly in Los Angeles, California, on June 25, 2009, his career and earnings were nearing an all-time low. Plagued by past sexual abuse allegations, scandals, and questionable health, Michael Jackson’s personal finances were purported to be in complete disarray. However, following his unexpected death, the value of his estate, which was reported to be near to nothing, swelled as the world remembered his beloved contributions to the world and began to purchase accordingly. Sales of Michael Jackson’s music began to soar high. The estate’s value soared even higher as it signed licensing agreements and released new …
Wrongful Improvers As A Guiding Principle For Application Of The Ftc’S Ip Deletion Requirement, Emma Elder
Wrongful Improvers As A Guiding Principle For Application Of The Ftc’S Ip Deletion Requirement, Emma Elder
Washington Law Review
The 2021 Federal Trade Commission (FTC) investigation into cloud storage app developer Everalbum resulted in a consent decree that required Everalbum to delete not only unlawfully collected data, but also algorithms created using that data. The FTC had imposed this kind of penalty only once before. Questions remain about how the FTC will apply this so-called intellectual property (IP) deletion requirement in the future. This Comment argues that situations where companies develop intellectual property from misappropriated consumer data are analogous to cases where courts seek to apply the property law rule of the wrongful improver, i.e., where one party knowingly …
Centering Black Women In Patent History, Jessica Silbey
Centering Black Women In Patent History, Jessica Silbey
Faculty Scholarship
Professor Kara Swanson’s latest article is a remarkable example of legal historical scholarship that excavates stories from the past to illuminate the present. It is chock full of archival evidence and historical analysis that explains gaps and silences in the United States patent registry as evidence of marginalized inventors–particularly Black women–who should be named inventors but are not.
The article is arresting reading for anyone interested in antebellum history, intellectual property, and the intersection of racism and sexism in law. Mostly, I am grateful to Professor Swanson for doing the obviously very hard work of digging through archives, reading microfiche, …
The 14th Annual Sir Hugh Laddie Lecture - Mr. Justice Laddie And His Intellectual Property Cases: Of Millefeuilles And A Fish Called Elvis, David Vaver
Articles & Book Chapters
For me, it was a trip through the judgments of a master craftsman who could succinctly summarize the dispute before him; weigh the conflicting evidence; say what rang true and what did not; state the applicable law, often from first principles set in their historical and policy context; and end by saying who won and lost and what to do. Copyright law might be "over-strong", as he suggested in a 1996 lecture;14 but when he had to decide whether a TV documentary critical of cheque-book journalism could freely use another channel's footage to make its point, Laddie J. said his …
Nonpatentability Of Business Methods: Legal And Economic Analysis, Peter Menell, Michael J. Meurer
Nonpatentability Of Business Methods: Legal And Economic Analysis, Peter Menell, Michael J. Meurer
Faculty Scholarship
In this brief filed in Bilski vs. Kappos, pending before the U.S. Supreme Court, we argue that the "useful Arts" limitation of the the Intellectual Property Clause of the U.S.Constitution restricts the scope of Congress's patent power to technological advances. Beyond this constitutional limitation, Congress has not extended patent protection to business methods. The subject matter provision of the 1952 Patent Act merely codified existing subject matter categories and limitations, including the exclusion of business methods. The First Inventor Defense Act of 1999 did not alter this limitation on patentable subject matter. It did not amend the subject matter provision. …
Teaching Doctrine For Justice Readiness, Amanda Levendowski
Teaching Doctrine For Justice Readiness, Amanda Levendowski
Georgetown Law Faculty Publications and Other Works
Clinics strive to teach students lawyering skills. But clinics should also teach students how to use those skills to confront injustice and promote justice, an approach Jane Aiken refers to as “justice readiness.” Casework for clients presents many opportunities for students to become justice ready, but not all matters do so equally. Clinics come with built-in limitations. Some matters involve injustices in one area of law while leaving others untouched. And others don’t require creative advocacy for justice. Casework remains a powerful driver of justice readiness, but it cannot do the job alone.
Teaching students doctrine through a social justice …
The Social Value Of Intellectual Property, Alina Ng
The Social Value Of Intellectual Property, Alina Ng
Journal Articles
The focus of this paper is not on how intellectual property owners can misuse intellectual property rights in harmful ways in society. Much has already been written about that topic. Instead, this paper is about how to encourage intellectual property owners, especially corporate owners, to make decisions and implement strategies about their intellectual property rights that are socially valuable and positively impactful. This paper argues that if corporate and business owners of intellectual property understand the role that their intellectual property rights can have in creating a positive social impact, the influence that they can have in the market as …
Information Theory And Patent Documents, W. Michael Schuster
Information Theory And Patent Documents, W. Michael Schuster
Akron Law Review
Recent scholarship has expanded the scope of analytical tools available to patent law researchers. The foundation of information theory published by Claude Shannon has been applied to textual analysis to determine the similarities of patents and to assess a patent’s value. This article presents a theoretical application of information theory to quantify lexical ambiguity and originality in innovation within patent law.
Revisiting The Justification Of Trademark Protection For Single Drug Compositions: A Critical Analysis From A Regulatory Perspective, Kuhu Tiwari, Dr. Niharika Sahoo Bhattacharya
Revisiting The Justification Of Trademark Protection For Single Drug Compositions: A Critical Analysis From A Regulatory Perspective, Kuhu Tiwari, Dr. Niharika Sahoo Bhattacharya
Akron Law Review
Trademarks, which are premised on product differentiation, are alleged to play a divergent role when used on pharmaceutical products: they tend to create an artificial product differentiation for the bioequivalent pharmaceutical products that are marketed as branded, generics, and branded-generic products. It is implied that the companies incorporate trademarks to market their products to different consumers at different prices. However, concerns arise when a company uses multiple trademarks for a single active pharmaceutical ingredient (API); sometimes, the company labels each trademark as treating a different medical condition.
This practice of brand proliferation may pose risks to patient safety by confusing …
Fair Use As A Market Facilitator, Miriam Marcowitz-Bitton, Dan Bombach
Fair Use As A Market Facilitator, Miriam Marcowitz-Bitton, Dan Bombach
Akron Law Review
The Digital Age has enabled individuals worldwide to store, organize, and share everything from cherished memories embodied in photographs and videos to academic writing and correspondence. Yet, archived collections of academic, public, and private libraries are out of reach to many, and many books are now beyond reach because they are no longer in print. The high cost of digitization exacerbates these challenges.
In 2004, Google Inc. responded to these issues by announcing a project to scan and digitize the collections of several leading universities and public libraries (the “Google Books” project). The project offered users the opportunity to search …
Letting Anarchy Loose On The World: The Anarchist Cookbook And How Copyright Fails The Author, Debora Halbert
Letting Anarchy Loose On The World: The Anarchist Cookbook And How Copyright Fails The Author, Debora Halbert
Akron Law Review
The Anarchist Cookbook by William Powell remains one of the most controversial books in print, even 50 years after its first publication. The story to be told about its ongoing publication can teach us about the politics of authorship, ownership, publication, copyright assignments, the public domain, and the legacies our printed words leave behind. Later in life Powell regretted publishing the book and wished that it would be removed from publication and circulation but stated that he did not own the copyright and so could not control the book. However, even at his death the book remained in print and …
Book Review: Diversity In Intellectual Property: Identities, Interests, And Intersections, Weijie Huang, Yahong Li
Book Review: Diversity In Intellectual Property: Identities, Interests, And Intersections, Weijie Huang, Yahong Li
Indian Journal of Law and Technology
Book Review of 'Diversity in Intellectual Property', edited by Irene Calboli and Srividhya Ragavan
Intellectual Property And India’S Development Policy, Sudhir Krishnaswamy
Intellectual Property And India’S Development Policy, Sudhir Krishnaswamy
Indian Journal of Law and Technology
As India wades into the 21st century, we are faced with a strategic choice about how we imagine and institutionalise new modes of regulation of access, control and production of information, knowledge and cultural resources. The rapid legislative activity on intellectual property, most recently the Patent (3rd Amendment) Act, 2005, has so radically shifted the goalposts of the debate that we are still to catch our breath! This essay is an exercise in deep breathing and careful reasoning to relieve us from our present breathless state.
Free And Open Source Software And The Twin Tragedies, Ananth Padmanabhan
Free And Open Source Software And The Twin Tragedies, Ananth Padmanabhan
Indian Journal of Law and Technology
The past decade has seen the rise and rise of free and open source software (FoSS). Part I of this paper surveys the FoSS movement from its early days to the present, including its fundamental philosophy. This part also looks into the different factors that have contributed to the growth of FoSS, such as the motivations of coders to be part of a “free” creative endeavor, the relatively flexible hierarchical structures that give considerable space for “free play”, and the shared values that integrate coders completely into the movement thus nurturing new creative activity from time to time. Part II …
The Internet Of Citizens: A Lawyer’S View On Some Technological Developments In The United Kingdom And India*, Guido Noto La Diega
The Internet Of Citizens: A Lawyer’S View On Some Technological Developments In The United Kingdom And India*, Guido Noto La Diega
Indian Journal of Law and Technology
This article aspires to constitute a useful tool for both Asian and European readers as regards some of the state-of-the-art technologies revolving around the Internet of Things (‘IoT’) and their intersection with cloud computing (the Clouds of Things, ‘CoT’) in both the continents. The main emerging legal issues will be presented, with a focus on intellectual property, consumer protection, and privacy. The cases chosen are from India and the United Kingdom, two countries that are conspicuously active on this front. I will give an account only of (what I consider to be) the highlights of the IoT in India and …
Identity Appropriation And Wealth Transfer: Twain, Cord, And The Post-Mortem Right Of Publicity, Alyssa A. Dirusso, Timothy J. Mcfarlin
Identity Appropriation And Wealth Transfer: Twain, Cord, And The Post-Mortem Right Of Publicity, Alyssa A. Dirusso, Timothy J. Mcfarlin
ACTEC Law Journal
In 1874, Mark Twain published “A True Story, Repeated Word for Word as I Heard It” in the Atlantic Monthly. Although he called the storyteller “Aunt Rachel,” it was told to him by Mary Ann Cord—who worked as a cook in the home of Twain’s sister-in-law—based on her own life. Cord was enslaved from birth, then torn from her husband and children at an auction block. Years later, she miraculously reunited with her youngest son, Henry, when, as a solider in the Union army, he liberated her from slavery. Twain proceeded to write Cord's story down from memory, organizing the …
Are Cryptopunks Copyrightable?, Brian L. Frye
Are Cryptopunks Copyrightable?, Brian L. Frye
Pepperdine Law Review
Larva Labs’ CryptoPunks NFTs are iconic. Created in 2017, they were among the first NFTs on the Ethereum blockchain. Four years later, they are among the most valuable, selling for anywhere from $200,000 to millions of dollars. The CryptoPunks collection consists of 10,000 NFTs, each of which is associated with a unique CryptoPunks image. Everyone knows who owns each CryptoPunks NFT. The Ethereum blockchain provides indelible proof. But people disagree about who owns - and who should own - the copyright in the CryptoPunks images. Most CryptoPunks NFT owners believe they should own the copyright in the image associated with …
Protecting Fair Use From Algorithms, Internet Platforms, And The Copyright Office: A Critique Of The § 512 Study, Mary Kate Sherwood
Protecting Fair Use From Algorithms, Internet Platforms, And The Copyright Office: A Critique Of The § 512 Study, Mary Kate Sherwood
St. John's Law Review
(Excerpt)
In 1994, the Supreme Court of the United States held that a musical group’s parody of a well-known song could be fair use, which is a noninfringing use of copyrighted content. In 2006, the Second Circuit found that an artist’s use of copyrighted photographs in his own artwork constituted fair use. In 2016, the Ninth Circuit found that a video of a child dancing to a short clip of a copyrighted Prince song could be fair use. But in 2022, a creator who attempts to share her fair use of copyrighted material online may not have recourse to the …
Brief Of Amici Curiae Intellectual Property Scholars In Support Of Defendants-Appellees, Rebecca Tushnet, Laura A. Heymann
Brief Of Amici Curiae Intellectual Property Scholars In Support Of Defendants-Appellees, Rebecca Tushnet, Laura A. Heymann
Briefs
No abstract provided.
Innovation In Adversity, Clark D. Asay, Stephanie Plamondon Bair
Innovation In Adversity, Clark D. Asay, Stephanie Plamondon Bair
Florida State University Law Review
Adverse experiences, like long-term poverty, can inhibit innovation. But as much research and many real-world examples show, adversity can also stimulate innovation. Indeed, the COVID-19 pandemic provides a number of recent examples where adverse conditions have led individuals, firms, and governments to innovate in the hope of benefiting society. Despite the fact that some forms of adversity undermine innovation while others stimulate it, legal scholars have largely failed to distinguish between the two forms or even account for adversity's relationship to innovation when assessing innovation law and policy, including intellectual property (IP) laws. Yet given adversity's significant role in affecting …
Color Of Creatorship - Author's Response, Anjali Vats
Color Of Creatorship - Author's Response, Anjali Vats
Articles
This essay is the author's response to three reviews of The Color of Creatorship written by notable intellectual property scholars and published in the IP Law Book Review.
Innovation In Adversity, Clark D. Asay, Stephanie Plamondon Bair
Innovation In Adversity, Clark D. Asay, Stephanie Plamondon Bair
Florida State University Law Review
Adverse experiences, like long-term poverty, can inhibit innovation. But as much research and many real-world examples show, adversity can also stimulate innovation. Indeed, the COVID-19 pandemic provides a number of recent examples where adverse conditions have led individuals, firms, and governments to innovate in the hope of benefiting society. Despite the fact that some forms of adversity undermine innovation while others stimulate it, legal scholars have largely failed to distinguish between the two forms or even account for adversity's relationship to innovation when assessing innovation law and policy, including intellectual property (IP) laws. Yet given adversity's significant role in affecting …
“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry, Samantha Ross
University of Miami Business Law Review
The fair use doctrine is an important affirmative defense to copyright infringement when a particular use does not interfere with copyright law’s primary goal of promoting creativity for the public good. Artists and songwriters frequently experiment with copyrighted music without permission before seeking licensing approval from the original rights holders to “sample” or “replay” the work. In Chapman v. Maraj—a copyright infringement suit brought by Tracy Chapman against Nicki Minaj—the United States District Court for the Central District of California held that experimenting with a copyrighted musical composition for the purpose of creating a new work with an intent to …
Sound Familiar? Digital Sampling Is Taking Center Stage, Logan Zucchino
Sound Familiar? Digital Sampling Is Taking Center Stage, Logan Zucchino
University of Miami Business Law Review
In 2018, Kendrick Duckworth, better known by his stage-name Kendrick Lamar, became the first non-classical or jazz musician to win the Pulitzer Prize in Music. Equally as surprising, the album contained a magnitude of digital sampling. As digital sampling has become more prevalent since the 1980’s, courts have differed on how to handle the issue. By 2016, the Sixth and Ninth Circuit Courts of Appeals established a circuit split on the issue, with one holding that unlicensed digital sampling is per se unlawful, and the other holding that a more lenient test is needed. Courts have continued to struggle with …
Paper Of Record: Modernizing Ownership Disclosures For U.S. Patents, Jonathan Stroud, Levi Lall
Paper Of Record: Modernizing Ownership Disclosures For U.S. Patents, Jonathan Stroud, Levi Lall
West Virginia Law Review
No abstract provided.
Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement, Austin Weatherly
Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement, Austin Weatherly
Journal of Intellectual Property Law
The modern heirs property reform movement seeks to ameliorate the issues caused by the procedures governing the inheritance of real property from landowners who die intestate. This procedure can have a negative impact on heirs and the value of their inherited property. The reform movement, as it stands, only seeks to resolve the issues created by these procedures in the real property context. The rhetorical basis for the modern heirs property reform movement largely focuses on closing the racial wealth gap in the United States and slowing the wealth bleed from one black generation to the next. Many of the …
Patent Performativity, Dan L. Burk
Patent Performativity, Dan L. Burk
Journal of Intellectual Property Law
Gender bias is rife in the patent system; a large and growing body of empirical literature demonstrates the exclusion of women from the patent system at every level. Such pervasive marginalization cannot be explained by the paucity of women in STEM fields. Rather, more fundamental discriminatory mechanisms must be at work. In this paper I examine one aspect of such biases, arguing that patents operate as performatives, that is, as social assemblages that enact what they disclose, and that create their own social facts. To demonstrate patent performativity, I briefly trace the development of performative concepts, from Austinian declarations, through …
Defensive Industrial Policy: Cybersecurity Interventions To Reduce Intellectual Property Theft, Dr. Chad Dacus, Dr. Carl (Cj) Horn
Defensive Industrial Policy: Cybersecurity Interventions To Reduce Intellectual Property Theft, Dr. Chad Dacus, Dr. Carl (Cj) Horn
Military Cyber Affairs
Through cyber-enabled industrial espionage, China has appropriated what Keith Alexander, the former Director of the National Security Agency, dubbed “the largest transfer of wealth in history.” Although China disavows intellectual property (IP) theft by its citizens and has set self-sustained research and development as an important goal, it is unrealistic to believe IP theft will slow down meaningfully without changing China’s decision calculus. China and the United States have twice agreed, in principle, to respect one another’s IP rights. However, these agreements have lacked any real enforcement mechanism, so the United States must do more to ensure its IP is …