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Articles 1321 - 1350 of 1969
Full-Text Articles in Law
Keynote Lecture For Harmless Boundary Crossings: Their Role In Comparative Institutional Analysis - 2008, Wendy J. Gordon
Keynote Lecture For Harmless Boundary Crossings: Their Role In Comparative Institutional Analysis - 2008, Wendy J. Gordon
Scholarship Chronologically
One of the things that unifies many of the scholars in IP generally, and in this room in particular, is an interest in what you might call noncommercial models cooperative sharing, peer-to-peer creativity-a yearning for a different kind of life, perhaps, one that's less commercial, more focused on dialogues, both democratic and personal, and a mode of life that emphasizes the process and product of work rather than its monetary payoff. We all know from the work of Teresa Amabile and Alfie Cohen and our own experience that if you are keeping your eye on a monetary goal or getting …
Law's Complexity: A Primer, J.B. Ruhl
Law's Complexity: A Primer, J.B. Ruhl
Vanderbilt Law School Faculty Publications
The legal system. It rolls easily off the tongues of lawyers like a single word - the legal system - as if we all know what it means. But what is the legal system? How does it behave? What are its boundaries? What is its input and output? How will it look in one year? In ten years? How should we use it to make change in some other aspect of social life? Why do answers to these questions make the legal system seem so complex? Would assembling a cogent, descriptively accurate theory of what makes the legal system complex …
Copycats, Relax - The Federal Circuit Lightens Up On Willful Patent Infringement, Sarah J. Garber
Copycats, Relax - The Federal Circuit Lightens Up On Willful Patent Infringement, Sarah J. Garber
Missouri Law Review
"Willful" infringement is alleged in over 90% of patent cases. This is primarily because, under the Patent Act and Federal Circuit case law, a finding of willful infringement gives trial judges the discretion to award treble damages and attorney's fees to the patentee. Given that patent infringement actions can carry litigation fees of two million dollars or more, an award of punitive damages is a serious threat to accused infringers. A common and powerful defense to a willful infringement allegation is reasonable reliance on an opinion of counsel. Using this defense, the accused infringer can prove he acted in good …
Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach
Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach
Law Faculty Scholarship
No abstract provided.
Trademark Litigation As Consumer Conflict, Michael Grynberg
Trademark Litigation As Consumer Conflict, Michael Grynberg
College of Law Faculty
Trademark litigation typically unfolds as a battle between competing sellers who argue over whether the defendant's conduct is likely to confuse consumers. This is an unfair fight. In the traditional narrative, the plaintiff defends her trademark while simultaneously protecting consumers at risk for confusion. The defendant, relatively speaking, stands alone. The resulting "two-against-one" storyline gives short shrift to the interests of nonconfused consumers who may have a stake in the defendant's conduct. As a result, courts are too receptive to nontraditional trademark claims where the case for consumer harm is questionable. Better outcomes are available by appreciating trademark litigation's parallel …
Level Of Skill And Long-Felt Need: Notes On A Forgotten Future, Joe Miller
Level Of Skill And Long-Felt Need: Notes On A Forgotten Future, Joe Miller
Scholarly Works
The Supreme Court's KSR decision transforms the way we think about patent law's ordinary artisan. The ordinary artisan, the Supreme Court states, is also a person of ordinary creativity, not an automaton. This transformation, which sweeps aside a contrary precept that had informed the Federal Circuit's nonobviousness jurisprudence for a generation, raises a key question: How do we fill out the rest of our conception, in a given case, of the ordinary artisan's level of skill at the time the invention was made? Reaching back to a large vein of case law typified by Judge Learned Hand's decisions about nonobviousness, …
Economic Foundations Of Intellectual Property Rights, Joseph E. Stiglitz
Economic Foundations Of Intellectual Property Rights, Joseph E. Stiglitz
Duke Law Journal
No abstract provided.
Cell Phone Ringtones: A Case Study Exemplifying The Complexities Of The Section 115 Mechanical License Of The Copyright Act Of 1976, Daniel M. Simon
Cell Phone Ringtones: A Case Study Exemplifying The Complexities Of The Section 115 Mechanical License Of The Copyright Act Of 1976, Daniel M. Simon
Duke Law Journal
Most Americans carry their cell phones everywhere. Cell phone users can purchase ringtones to replace the traditional telephone ring. But often the ringtones are excerpts from copyrighted works, including popular music. This technology has grown enormously in a short time span, forcing lawmakers to consider its applicability to copyright laws that predate ringtones' existence by nearly fifty years. This Note examines the mechanical license provision of the Copyright Act of 1976, including its overlooked legislative history, to determine whether the mechanical license applies to ringtones. It concludes that the statute's requirements exclude most types of ringtones from the scope of …
Internet Packet Sniffing And Its Impact On The Network Neutrality Debate And The Balance Of Power Between Intellectual Property Creators And Consumers, Rob Frieden
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Intellectual Property And Americana, Or Why Ip Gets The Blues, Michael J. Madison
Intellectual Property And Americana, Or Why Ip Gets The Blues, Michael J. Madison
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Addressing Default Trends In Patent-Based Section 337 Proceedings In The United States International Trade Commission, John C. Evans
Addressing Default Trends In Patent-Based Section 337 Proceedings In The United States International Trade Commission, John C. Evans
Michigan Law Review
Section 337 of the Tarif Act of 1930 empowers the United States International Trade Commission to investigate imports to ensure imports do not infringe on U.S. trademarks. The Commission permits patent, copyright, and trademark owners to notify the Commission of possibly infringing imports and to obtain exclusion orders that prevent importation of products that infringe their intellectual property. The total number of investigations increased from 1996 to 2005, yet the proportion of respondent defaults rose as well. The increase in defaults suggests there is some systemic difficulty in ensuring full participation. This Note argues that the res judicata effects of …
Harry Potter And The (Re)Order Of The Artists: Are We Muggles Or Goblins?, Gary Pulsinelli
Harry Potter And The (Re)Order Of The Artists: Are We Muggles Or Goblins?, Gary Pulsinelli
Scholarly Works
In "Harry Potter and the Deathly Hallows," author J.K. Rowling attributes to goblins a very interesting view of ownership rights in artistic works. According to Rowling, goblins believe that the maker of an artistic object maintain an ongoing ownership interest in that object even after it is sold, and is entitled to get it back when the purchaser dies. While this view may strike some as rather odd when it is applied to tangible property in the 'muggle' world, it actually has some very interesting parallels to the legal treatment of intangible property, particularly in the areas of intellectual property …
Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan G. Vacca
Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan G. Vacca
Law Faculty Scholarship
Over the past several years scholars have wrestled with how property rights in items created in virtual worlds should be conceptualized. Regardless of how the property is conceptualized and what property theory best fits, most agree the law ought to recognize virtual property as property and vest someone with those rights.
Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer
Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer
Hofstra Law Review
No abstract provided.
Intellectual Property And Traditional Cultural Expressions: A Synopsis Of Current Issues, Molly Torsen
Intellectual Property And Traditional Cultural Expressions: A Synopsis Of Current Issues, Molly Torsen
Intercultural Human Rights Law Review
In the context of copyright law, this article will lay out the differences between Berne Convention tenets and the ideals of a prospective TCE-based legal instrument. It will then go on to outline and comment on current sui generis laws and other approaches that incorporate various aspects of existing Western laws. The TCE topic is highly sensitive and does not cover a homogeneous set of interests. As such, a one-size-fits-all instrument may be very difficult, if not impossible, to distill. The international discussion, at the very least, brings these issues under scrutiny and encourages debate as to a wide range …
Sampling: Musical Authorship Out Of Tune With The Purpose Of The Copyright Regime, Rahmiel D. Rothenberg
Sampling: Musical Authorship Out Of Tune With The Purpose Of The Copyright Regime, Rahmiel D. Rothenberg
St. Thomas Law Review
While the present debate over the practice of sampling may seem to be just a minuscule footnote in the evolution of copyright law, the legal battle that sampling is presently engaged in illuminates many of the future, and ongoing, issues that copyright law faces. One of those major issues is whether copyright law embraces the true nature of creation and authorship. An individual's view on the nature of authorship essentially frames his or her opinion on the legitimacy of creative forms built upon appropriation, such as sampling. This article asserts that there are two legitimate forms of authorship: romantic and …
Fair Circumvention, Timothy K. Armstrong
Fair Circumvention, Timothy K. Armstrong
Faculty Articles and Other Publications
Judicial decisions construing the key liability provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. - 1201, cluster around two incompatible poles. One set of decisions construes the DMCA's liability provisions broadly, emphasizing the need to prevent possible copyright infringement and limit the public availability of tools that may be used to infringe. Other cases construe the same language narrowly, stressing the avoidance of anticompetitive market distortions. Both sets of decisions insist that their interpretation is commanded by the literal text of the DMCA. A closer look, however, reveals that both sides have overstated the support they may plausibly …
Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks
Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks
Northwestern Journal of Technology and Intellectual Property
Attorneys increasingly are confronting the significant ethical issues raised when a data-security breach occurs. Many traps exist for the unwary in this evolving area of the law, especially in light of concerns regarding e-discovery and a lack of judicial interpretation of applicable statutes. This article provides a legal framework in this area of the law and explores ethical considerations arising when an attorney represents a client who has suffered a data-security breach.
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz
Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev
Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson
Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze
Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Open Legislation Development, Jacob Ewerdt
Open Legislation Development, Jacob Ewerdt
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Enablement Pendulum Swings Back, Sean B. Seymore
The Enablement Pendulum Swings Back, Sean B. Seymore
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.
The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai
Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford
Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford
Northwestern Journal of Technology and Intellectual Property
No abstract provided.