Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (1677)
- International Law (145)
- Science and Technology Law (145)
- Social and Behavioral Sciences (133)
- International Trade Law (113)
-
- Internet Law (106)
- Entertainment, Arts, and Sports Law (103)
- Law and Economics (99)
- Law and Society (91)
- Business (86)
- Antitrust and Trade Regulation (80)
- Computer Law (64)
- Economics (59)
- Health Law and Policy (59)
- Property Law and Real Estate (59)
- Comparative and Foreign Law (52)
- Contracts (42)
- Constitutional Law (40)
- Technology and Innovation (40)
- Arts and Humanities (35)
- First Amendment (35)
- Human Rights Law (33)
- Commercial Law (32)
- Jurisprudence (32)
- Privacy Law (29)
- Legislation (28)
- Public Affairs, Public Policy and Public Administration (28)
- Litigation (27)
- Sociology (27)
- Institution
-
- Selected Works (210)
- Vanderbilt University Law School (132)
- Boston University School of Law (129)
- SelectedWorks (128)
- Northwestern Pritzker School of Law (125)
-
- The University of Akron (117)
- American University Washington College of Law (72)
- Duke Law (69)
- Fordham Law School (62)
- University of Pennsylvania Carey Law School (62)
- University of Georgia School of Law (51)
- University of Maryland Francis King Carey School of Law (39)
- Maurer School of Law: Indiana University (36)
- Columbia Law School (34)
- Georgetown University Law Center (32)
- University of Missouri School of Law (32)
- University of Washington School of Law (30)
- University of Pittsburgh School of Law (29)
- Notre Dame Law School (28)
- Mitchell Hamline School of Law (27)
- Chicago-Kent College of Law (26)
- Nova Southeastern University (26)
- Case Western Reserve University School of Law (24)
- University of New Hampshire (24)
- University of Colorado Law School (23)
- Marquette University Law School (22)
- Pepperdine University (22)
- Yeshiva University, Cardozo School of Law (22)
- BLR (21)
- University of Kentucky (20)
- Publication
-
- Faculty Scholarship (210)
- Northwestern Journal of Technology and Intellectual Property (114)
- All Faculty Scholarship (79)
- Articles (65)
- Akron Intellectual Property Journal (64)
-
- Akron Law Review (52)
- Faculty Publications (45)
- Scholarship Chronologically (44)
- Vanderbilt Journal of Transnational Law (43)
- Vanderbilt Journal of Entertainment & Technology Law (37)
- Scholarly Works (36)
- Vanderbilt Law Review (31)
- Georgetown Law Faculty Publications and Other Works (30)
- Journal Articles (29)
- Fordham Intellectual Property, Media and Entertainment Law Journal (28)
- Fordham Law Review (26)
- Law Faculty Scholarship (25)
- ExpressO (21)
- Vanderbilt Law School Faculty Publications (21)
- Law and Contemporary Problems (20)
- Articles in Law Reviews & Other Academic Journals (19)
- Journal of Intellectual Property Law (19)
- Publications (19)
- Articles by Maurer Faculty (18)
- Missouri Law Review (17)
- Case Western Reserve Journal of International Law (16)
- Marquette Intellectual Property Law Review (16)
- Law Faculty Scholarly Articles (15)
- American University International Law Review (13)
- Articles & Chapters (13)
- Publication Type
Articles 151 - 180 of 2208
Full-Text Articles in Law
Penal Measures Against Plagiarism In The Digital Environment, ٍSafaa Otani
Penal Measures Against Plagiarism In The Digital Environment, ٍSafaa Otani
UAEU Law Journal
The digital revolution has been a double-edged sword in the Education sector. As much as it had an enormously positive impact on both education and scientific research, including the provision of new types of education like computer-aided instruction and online courses, it has become a source of real abuse by both students and members of academic staff. Students and Staff ‘ease of access to the digital world has lured some of them to steal others people publications, such as research papers, scientific reports and theses, and attribute them to themselves. This has caused rise to a new phenomena: “Plagiarism in …
New Innovation Models In Medical Ai, Nicholson Price Ii, Rachel Sachs, Rebecca S. Eisenberg
New Innovation Models In Medical Ai, Nicholson Price Ii, Rachel Sachs, Rebecca S. Eisenberg
Law & Economics Working Papers
In recent years, scientists and researchers have devoted considerable resources to developing medical artificial intelligence (AI) technologies. Many of these technologies—particularly those which resemble traditional medical devices in their functions—have received substantial attention in the legal and policy literature. But other types of novel AI technologies, such as those that relate to quality improvement and optimizing use of scarce facilities, have been largely absent from the discussion thus far. These AI innovations have the potential to shed light on important aspects of health innovation policy. First, these AI innovations interact less with the legal regimes that scholars traditionally conceive of …
United States Supreme Court Ip Cases, 1810–2019: Measuring & Mapping The Citation Networks, Joseph Scott Miller
United States Supreme Court Ip Cases, 1810–2019: Measuring & Mapping The Citation Networks, Joseph Scott Miller
Catholic University Law Review
Intellectual property law in the United States, though shaped by key statutes, has long been a common-law field to a great degree. Many decades of decisional law flesh out the meaning of broad-textured, sparely worded statutes. Given the key roles of patent law and copyright law, both federal, the Supreme Court of the United States is i.p. law’s leading apex court. What are the major topical currents in the Supreme Court’s i.p. cases, both now and over the course of the Court’s work? This study uses network-analysis tools to measure and map the entirety of the Court’s i.p. jurisprudence. It …
The Extent Of Application Of The General Rules For The Protection Of Intellectual Works Stored Through Cloud Computing: A Study In Uae Legislation, Alaa Khasawneh
UAEU Law Journal
This research focuses on the most important legal problems raised by cloud computing services and its applications, especially the protection of content stored through these applications. Some legislations have organized these risks with special laws relating to personal data. The study concluded that the Emirati legislator should trait the legal aspects of cloud computing and create its own legal framework.
Keywords: Cloud computing, intellectual property, terms of service.
Evidence-Based Patent Damages, Taorui Guan
Evidence-Based Patent Damages, Taorui Guan
Journal of Intellectual Property Law
No abstract provided.
Critical Race Theory As Intellectual Property Methodology, Anjali Vats, Deidre A. Keller
Critical Race Theory As Intellectual Property Methodology, Anjali Vats, Deidre A. Keller
Book Chapters
This chapter traces the emergence of Critical Race Intellectual Property (CRTIP) as a distinct area of study and activism that builds on the work of Critical Legal Studies and Critical Intellectual Property scholars. Invested in the workings of power - but with particular intersectional attentiveness to race - Critical Intellectual Property works to imagine new, often more socially just, forms of knowledge produce. In this brief chapter, we lay out the origins of Critical Race Theory (CRT) and its central methods, articulate a vision of CRT, and contemplate how CRT's interdisciplinary and transnational methods might apply to intellectual property. In …
Intellectual Property As A Determinant Of Health, Ana S. Rutschman
Intellectual Property As A Determinant Of Health, Ana S. Rutschman
Vanderbilt Journal of Transnational Law
Public health literature has long recognized the existence of determinants of health, a set of socioeconomic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …
Vaccine Clinical Trials And Data Infrastructure, Ana Santos Rutschman
Vaccine Clinical Trials And Data Infrastructure, Ana Santos Rutschman
All Faculty Scholarship
We find ourselves at a momentous turn in the history of vaccines. The COVID-19 pandemic triggered a quasi-global vaccine race that not only compressed vaccine research and development (R&D) timelines, but also paved the way for the administration of a new type of vaccine technology – mRNA vaccines, which work in substantially different ways from the vaccines in use before the pandemic.
While the process of bringing emerging COVID-19 vaccines to market has taken place in an unusually short timeframe, it was largely predicated on the same scientific and regulatory processes that govern the development, approval and deployment of new …
Attitudes Towards Ip Present Among Seattle Craft Breweries, Zahr K. Said
Attitudes Towards Ip Present Among Seattle Craft Breweries, Zahr K. Said
Articles
No abstract provided.
The Research Patent, Sean B. Seymore
The Research Patent, Sean B. Seymore
Vanderbilt Law School Faculty Publications
The patent system gives courts the discretion to tailor patentability standards flexibly across technologies to provide optimal incentives for innovation. For chemical inventions, the courts deem them unpatentable if the chemical lacks a practical, non-research-based use at the time patent protection is sought. The fear is that an early-stage patent on a research input would confer too much control over yet-unknown uses for the chemical, thereby potentially hindering downstream innovation. Yet, denying patents on research inputs can frustrate patent law's broad goal of protecting and promoting scientific and technological advances.
This Article addresses this problem by proposing a new form …
Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Fordham Intellectual Property, Media and Entertainment Law Journal
In recent years, universities have been accused in news stories of becoming “trademark bullies,” entities that use their trademarks to harass and intimidate beyond what the law can reasonably be interpreted to allow. Universities have also intensified efforts to gain expansive new marks. The Ohio State University’s attempt to trademark the word “the” is probably the most notorious. There has also been criticism of universities’ attempts to use their trademarks to police clearly legal speech about their activities. But beyond provocative anecdotes, how can one assess whether a particular university is truly bullying, since there are entirely legitimate reasons for …
International Law Association's Guidelines On Intellectual Property And Private International Law ("Kyoto Guidelines"): Applicable Law, Marie-Elodie Ancel, Nicolas Binctin, Josef Drexl, Mireille Van Eechoud, Jane C. Ginsburg, Toshiyuki Kono, Gyooho Lee, Rita Matulionyte, Edouard Treppoz, Dário Moura Vicente
International Law Association's Guidelines On Intellectual Property And Private International Law ("Kyoto Guidelines"): Applicable Law, Marie-Elodie Ancel, Nicolas Binctin, Josef Drexl, Mireille Van Eechoud, Jane C. Ginsburg, Toshiyuki Kono, Gyooho Lee, Rita Matulionyte, Edouard Treppoz, Dário Moura Vicente
Faculty Scholarship
The chapter “Applicable Law” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides principles on the choice of law in international intellectual property matters. The Guidelines confirm the traditional principle of the lex loci protectionis for the existence, transferability, scope and infringement of intellectual property rights. The law applicable to the initial ownership of registered rights is governed by the lex loci protectionis whereas the law of the closest connection is applied to determine the ownership of copyright. For contracts, freedom of choice is acknowledged. With regard to ubiquitous or multi-state infringement and …
Originality's Other Path, Joseph Fishman
Originality's Other Path, Joseph Fishman
Vanderbilt Law School Faculty Publications
Drawing on original archival research, this Article challenges the standard account of what originality doctrine is and what courts can do with it. It identifies Nelson's forgotten copyright legacy: a still-growing line of cases that treats music differently, sometimes even more analogously to patentable inventions than to other authorial works. These decisions seem to function as a hidden enclave within originality's larger domain, playing by rules that others couldn't get away with. They form originality's other path, much less trod than the familiar one but with a doctrinal story of its own to tell. Originality and nonobviousness's parallel beginnings reveal …
Immoral Patents, David O. Taylor
Immoral Patents, David O. Taylor
Faculty Journal Articles and Book Chapters
Only to a limited extent have U.S. legislators recognized the moral and ethical implications of the patentability of controversial technologies. I find this absence of legislative debate curious for several reasons, including the fact that for decades there has been an intense public debate over the government’s involvement in, and regulation of, research and development related to biotechnology, including reproduction technologies, and particularly the use and destruction of embryonic stem cells, embryos, and fetuses—areas of considerable moral and ethical concern. Nor has there been debate regarding patentability with respect to other areas of concern, such as technologies that damage the …
We're All Pirates Now: Making Do In A Precarious Ip Ecosystem, Jessica Silbey
We're All Pirates Now: Making Do In A Precarious Ip Ecosystem, Jessica Silbey
Faculty Scholarship
Fifteen years after the Piracy Paradox explained how most anti-copying protection is unnecessary for a thriving fashion industry, we face another piracy paradox: with broader and stronger IP laws and a digital economy in which IP enforcement is more draconian than ever, what explains the ubiquity of everyday copying, sharing, re-making and re-mixing practices that are the life blood of the internet's expressive and innovative ecosystems? Drawing on empirical data from a decade of research, this short essay provides two examples of this "new piracy paradox": a legal regime that ostensibly punishes piracy in a culture in which it is …
Intellectual Property And Ethnography: A Qualitative Research Approach, Jessica Silbey
Intellectual Property And Ethnography: A Qualitative Research Approach, Jessica Silbey
Faculty Scholarship
This chapter describes the processes of and justifications for qualitative empirical research in intellectual property (IP) as compared to other research methods, such as quantitative empirical approaches and theoretical economic analyses of law. It provides examples of these research methods, explains the reasons for pursuing a qualitative approach, and details a qualitative research agenda in the context of intellectual property law, as well as a step-by-step method of data collection and data analysis.
Copyright And Parody: Touring The Certainties Of Intellectual Property And Restitution, Wendy J. Gordon
Copyright And Parody: Touring The Certainties Of Intellectual Property And Restitution, Wendy J. Gordon
Faculty Scholarship
The essay that follows examines the boundary between two sets of rules. The first set arises under the law of Restitution, particularly the rule that volunteers ordinarily need not be rewarded. (Another way to state this same Restitution rule is to say that the retention of benefit voluntarily conferred is ordinarily not "unjust enrichment".) The second set of rules are those of Intellectual Property law, which creates property in a special kind of volunteer. My argument is simply that the law of Restitution leads almost directly to the law of Intellectual Property, though the two areas are premised on diametrically …
Temporality In A Time Of Tam, Or Towards A Racial Chronopolitics Of Intellectual Property Law, Anjali Vats
Temporality In A Time Of Tam, Or Towards A Racial Chronopolitics Of Intellectual Property Law, Anjali Vats
Articles
This Article examines the intersections of race, intellectual property, and temporality from the vantage point of Critical Race Intellectual Property ("CRTIP"). More specifically, it offers one example of how trademark law operates to normalize white supremacy by and through judicial frameworks that default to Euro-American understandings of time. I advance its central argument-that achieving racial justice in the context of intellectual property law requires decolonizing Euro-American conceptions of time by considering how the equitable defense of laches and the judicial power to raise issues sua sponte operate in trademark law. I make this argument through a close reading of the …
Payin’ The Price To Grab A Slice…Of Music! A Guide To Music Licensing For Businesses, Nila Jackson
Payin’ The Price To Grab A Slice…Of Music! A Guide To Music Licensing For Businesses, Nila Jackson
Cybaris®
This paper provides information that may be useful to people seeking to acquire music licenses for their places of business and is primarily focused on licensing for food and drink establishments. However, other business types that use live or recorded music in their establishments may find the information useful as well. The purpose of this paper is to provide a brief history of copyright law, and an overview of music licensing to give business owners a better understanding of copyright as it relates to public performance.
Independent Filmmaking In The Final Frontier: Intellectual Property Issues With Making Independent Films In Space, Jesse Green
Independent Filmmaking In The Final Frontier: Intellectual Property Issues With Making Independent Films In Space, Jesse Green
Cybaris®
No abstract provided.
Whole Designs, Sarah Burstein
Whole Designs, Sarah Burstein
University of Colorado Law Review
In the past decade, there has been a renewed interest in the concept of patentable subject matter-that is, what kinds of things can you get a patent for? But this attention has, to date, been focused on utility patents, the patents that protect how things work. There has been scant attention paid to statutory subject matter and design patents, the patents that protect how things look. These patents have gained prominence in both practice and scholarship since the $1 billion verdict in Apple v. Samsung. The time has come to take the question of design patentable subject matter seriously. Today, …
The Sword Of Damocles: How The Fair Use Defense Application Affects The Computer Programming Area, Ziyi Gao
The Sword Of Damocles: How The Fair Use Defense Application Affects The Computer Programming Area, Ziyi Gao
Touro Law Review
No abstract provided.
Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Faculty Scholarship
In recent years, universities have been accused in news stories of becoming “trademark bullies,” entities that use their trademarks to harass and intimidate beyond what the law can reasonably be interpreted to allow. Universities have also intensified efforts to gain expansive new marks. The Ohio State University’s attempt to trademark the word “the” is probably the most notorious. There has also been criticism of universities’ attempts to use their trademarks to police clearly legal speech about their activities. But beyond provocative anecdotes, how can one assess whether a particular university is truly bullying, since there are entirely legitimate reasons for …
Intellectual Property As A Determinant Of Health, Ana Santos Rutschman
Intellectual Property As A Determinant Of Health, Ana Santos Rutschman
All Faculty Scholarship
Public health literature has long recognized the existence of determinants of health, a set of socio-economic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …
Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl
Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl
All Faculty Scholarship
University technology transfer offices (TTOs) are the gatekeepers to groundbreaking innovations sparked in research laboratories around the U.S. With a business model reliant on patenting and licensing out for commercialization, TTOs were positioned for upheaval when the America Invents Act (AIA) transformed U.S. patent law in 2011. Now almost ten years later, this article examines the AIA’s actual effects on this patent-centric industry. It focuses on the five key areas of most interest to TTOs: i) first to file priority; ii) broadening of the universe of prior art; iii) carve-out to the prior commercial use defense; iv) micro-entity fees; and …
Self-Actualization And The Need To Create As A Limit On Copyright, Christopher S. Yoo
Self-Actualization And The Need To Create As A Limit On Copyright, Christopher S. Yoo
All Faculty Scholarship
Personhood theory is almost invariably cited as one of the primary theoretical bases for copyright. The conventional wisdom views creative works as the embodiment of their creator’s personality. This unique connection between authors and their works justifies giving authors property interests in the results of their creative efforts.
This Chapter argues that the conventional wisdom is too limited. It offers too narrow a vision of the ways that creativity can develop personality by focusing exclusively on the results of the creative process and ignoring the self-actualizing benefits of the creative process itself. German aesthetic theory broadens the understanding of the …
The Intellectual Property Of Covid-19, Ana Santos Rutschman
The Intellectual Property Of Covid-19, Ana Santos Rutschman
All Faculty Scholarship
The response to COVID-19 is indissolubly tied to intellectual property. In an increasingly globalized world in which infectious disease pathogens travel faster and wider than before, the development of vaccines, treatments and other forms of medical technology has become an integral part of public health preparedness and response frameworks. The development of these technologies, and to a certain extent the allocation and distribution of resulting outputs, is informed by intellectual property regimes. These regimes influence the commitment of R&D resources, shape scientific collaborations and, in some cases, may condition the widespread availability of emerging technologies. As seen throughout this chapter, …
The Law Of Employee Data: Privacy, Property, Governance, Matthew T. Bodie
The Law Of Employee Data: Privacy, Property, Governance, Matthew T. Bodie
All Faculty Scholarship
The availability of data related to the employment relationship has ballooned into an unruly mass of personal characteristics, performance metrics, biometric recordings, and creative output. The law governing this collection of information has been awkwardly split between privacy regulations and intellectual property rights, with employees generally losing on both ends. This Article rejects a binary approach that either carves out private spaces ineffectually or renders data into isolated pieces of ownership. Instead, the law should implement a hybrid system that provides workers with continuing input and control without blocking efforts at joint production. In addition, employers should have fiduciary responsibilities …
Trademarks As Surveillance Transparency, Amanda Levendowski
Trademarks As Surveillance Transparency, Amanda Levendowski
Georgetown Law Faculty Publications and Other Works
We know very little about the technologies that watch us. From cell site simulators to predictive policing algorithms, the lack of transparency around surveillance technologies makes it difficult for the public to engage in meaningful oversight. Legal scholars have critiqued various corporate and law enforcement justifications for surveillance opacity, including contract and intellectual property law. But the public needs a free, public, and easily accessible source of information about corporate technologies that might be used to watch us. To date, the literature has overlooked a free, extensive, and easily accessible source of information about surveillance technologies hidden in plain sight: …
Comment On Andy Warhol Found. For The Visual Arts, Inc. V. Goldsmith, 992 F.3d 99 (2d Cir. 2021), Jane C. Ginsburg
Comment On Andy Warhol Found. For The Visual Arts, Inc. V. Goldsmith, 992 F.3d 99 (2d Cir. 2021), Jane C. Ginsburg
Faculty Scholarship
The Second Circuit’s decision in Andy Warhol Foundation v. Goldsmith retreats both from its prior caselaw’s generous characterization of artistic reuse as “transformative,” and from the outcome-determinacy of a finding of “transformativeness.” The decision suggests both that courts may be applying a more critical understanding of what “transforms” copied content, and that courts may be reforming “transformative use” to reinvigorate the other statutory factors, particularly the inquiry into the impact of the use on the potential markets for or value of the copied work. The court also provided an important explanation of copyrightable authorship in photographs.
In addition to analyzing …