Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (1676)
- International Law (145)
- Science and Technology Law (142)
- Social and Behavioral Sciences (130)
- International Trade Law (113)
-
- Internet Law (106)
- Entertainment, Arts, and Sports Law (103)
- Law and Economics (98)
- Law and Society (90)
- Business (85)
- Antitrust and Trade Regulation (80)
- Computer Law (64)
- Economics (59)
- Health Law and Policy (59)
- Property Law and Real Estate (58)
- Comparative and Foreign Law (53)
- Contracts (41)
- Constitutional Law (40)
- Technology and Innovation (39)
- First Amendment (36)
- Arts and Humanities (34)
- Human Rights Law (33)
- Jurisprudence (31)
- Commercial Law (30)
- Privacy Law (29)
- Public Affairs, Public Policy and Public Administration (28)
- Legislation (27)
- Litigation (27)
- Sociology (27)
- Institution
-
- Selected Works (210)
- Vanderbilt University Law School (132)
- Boston University School of Law (130)
- 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 (58)
- 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 (35)
- 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)
- New York Law School (20)
- Publication
-
- Faculty Scholarship (211)
- Northwestern Journal of Technology and Intellectual Property (114)
- All Faculty Scholarship (75)
- 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 181 - 210 of 2208
Full-Text Articles in Law
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 …
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 …
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 …
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 …
Dr. Marye. Maida Order Denying Defendant Clerisy Corporation’S Motion For Interlocutory Injunction And Plaintiffs’ Motion For Judgment On The Pleadings, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Antitrust And Competition Issues, Jorge L. Contreras
Antitrust And Competition Issues, Jorge L. Contreras
Utah Law Faculty Scholarship
This Chapter offers a broad overview of the impact of U.S. antitrust laws on IP licensing and transactions. A basic understanding of antitrust law is critical to the analysis of IP licensing arrangements, whether concerning patents, copyrights or trademarks. This chapter offers a summary of the antitrust doctrines that arise frequently in IP and technology-focused transactions — price fixing and market allocation, resale price maintenance, tying, monopolization, refusals to deal, standard setting and pay-for-delay settlements, with coverage of the major cases and enforcement agency guidance. Antitrust issues also play a role in the analysis of joint ventures, which are discussed …
Super-Statutory Contracting, Kristelia A. García
Super-Statutory Contracting, Kristelia A. García
Washington Law Review
The conventional wisdom is that property rules induce more—and more efficient—contracting, and that when faced with rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent, private copyright deals show some intellectual property owners doing just the opposite: faced with statutory liability rules, they are contracting for more protection than that dictated by law, something this Article calls “super-statutory contracting”—either by opting for a stronger, more tailored liability rule, or by contracting into property rule protection. Through a series of deal analyses, this Article explores this counterintuitive phenomenon, and updates seminal thinking on …
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
Dickinson Law Review (2017-Present)
In 2019, the European Parliament and Council passed Directive 2019/790. The Directive’s passage marked the end of a fouryear- long legislative attempt to impose more liability for copyright violations on Online Service Providers, an effort which was controversial from the start. Online Service Providers fear that the 2019 Directive, especially its Article 17, will completely change the structure of liability on the Internet, forcing providers to adopt expensive content filtering systems. Free speech advocates fear that ineffective filtering technology will infringe upon Internet users’ rights to express themselves, and legal scholars have pointed out the Directive’s inconsistency with prior European …
Fixing Informational Asymmetry Through Trademark Search, Jessica Silbey
Fixing Informational Asymmetry Through Trademark Search, Jessica Silbey
Faculty Scholarship
I call this paper a “Levendowski special.” It follows the signature format of much of Professor Levendowski’s prior work which, as in the latest article, recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems. Her past articles harnessed copyright law to “fix artificial intelligence’s implicit bias” (2018) and to “combat revenge porn.” (2014). This paper draws on Professor Levendowski’s expertise working in private practice as a trademark attorney to address the problem of surveillance technology opacity. It is a primer on how to investigate trademark …
The Federal Circuit's Treatment Of Rule 12 Dismissals For Lack Of Patent Eligible Subject Matter, Andrew Kanel
The Federal Circuit's Treatment Of Rule 12 Dismissals For Lack Of Patent Eligible Subject Matter, Andrew Kanel
Akron Law Review
After the Supreme Court’s decision in Alice Corp. v. CLS Bank, there has been an increase in Federal Rule of Civil Procedure (Rule) 12 motions to dismiss for lack of patentable subject matter. These motions are often granted at the district court level and are predominantly upheld by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit). This trend creates a hostile environment for inventors and patent holders and threatens to curb innovation in various areas including computer software, biotechnology, and medical diagnostics. The Federal Circuit’s current application of the Alice test at the Rule 12 stage favors …
Obviousness-Type Double Patenting: Why It Exists And When It Applies, Daniel Kazhdan
Obviousness-Type Double Patenting: Why It Exists And When It Applies, Daniel Kazhdan
Akron Law Review
At least since 1819, courts have prohibited double patenting—where an inventor has two patents on the same or obvious variations of the same invention. There have always been two basic justifications for prohibiting double patenting. The first focused on the patentee: bad actors might try to improperly extend their patent monopoly by filing serial applications. The second focused on the public’s rights: the bargain of the patent is that in exchange for the inventor getting a term-limited patent, the public is entitled to use the claimed invention (and its obvious variations) once the patent expires. This public-rights rationale is broader, …
A Tale Of Two Copyrights, Glynn S. Lunney Jr.
A Tale Of Two Copyrights, Glynn S. Lunney Jr.
Akron Law Review
This essay explores two possible copyright regimes. The first uses costless and perfect price discrimination to enable copyright owners to capture the full market or exchange value of their work. The second also uses costless and perfect price discrimination, but allows copyright owners to capture only the persuasion cost for authoring and distributing a work. We can call the first regime, costless copyright maximalism, and the second, costless copyright minimalism. The choice between these two regimes is primarily distributional: Should we design copyright to allocate the surplus associated with copyrighted works to copyright owners or to copyright consumers? This essay …
An Inside History Of The Burger Court's Patent Eligibility Jurisprudence, Christopher B. Seaman, Sheena X. Wang
An Inside History Of The Burger Court's Patent Eligibility Jurisprudence, Christopher B. Seaman, Sheena X. Wang
Akron Law Review
Patent eligibility is one of the most important and controversial issues in intellectual property law. Although the relevant constitutional and statutory text is extremely broad, the Supreme Court has significantly narrowed the scope of patentable eligibility by creating exceptions for inventions directed to abstract ideas, laws of nature, and natural phenomenon. In particular, the Supreme Court’s decisions on this issue over the past decade have created considerable uncertainty regarding the patentability of important innovations. As a result, numerous stakeholders have called for reform of the current rules regarding patent eligibility, and members of Congress have introduced legislation to amend the …
Risk Taking And Rights Balancing In Intellectual Property Law, Clark D. Asay
Risk Taking And Rights Balancing In Intellectual Property Law, Clark D. Asay
Akron Law Review
Scholars have long worried that risk aversion can have significant negative effects in the marketplace. In the intellectual property law domain, some have worried that risk-averse actors can negatively influence the development of important intellectual property law doctrines, which can ultimately hamper innovation. For instance, risk-averse actors may frequently choose to obtain licenses for rights that the relevant laws do not actually require of them. When they do so, they inadvertently increase the scope of intellectual property rights because their risk-averse activities inform courts’ development of key intellectual property law doctrines.
In this Article, prepared as part of the IP …
The "Evergreening" Metaphor In Intellectual Property Scholarship, Erika Lietzan
The "Evergreening" Metaphor In Intellectual Property Scholarship, Erika Lietzan
Akron Law Review
This article is a plea for changes in the scholarly dialogue about “evergreening” by drug companies. Allegations that drug companies engage in “evergreening” are pervasive in legal scholarship, economic scholarship, medical and health policy scholarship, and policy writing, and they have prompted significant policymaking proposals. This Article was motivated by concern that the metaphor has not been fully explained and that policymaking in response might therefore be premature. It canvasses and assesses the scholarly literature—more than 300 articles—discussing or mentioning “evergreening.” It catalogues the definitions, the examples, and the empirical studies. Scholars use the term when describing certain actions taken …
Correcting Misunderstandings Of Literal Infringement Scope Regarding After-Arising Technologies Protected By The Doctrine Of Equivalents, Joshua D. Sarnoff
Correcting Misunderstandings Of Literal Infringement Scope Regarding After-Arising Technologies Protected By The Doctrine Of Equivalents, Joshua D. Sarnoff
Akron Law Review
Based on conflicting Federal Circuit case law, many academics have written, and many practitioners likely believe, that claim meanings or their applications may expand over time for purposes of literal infringement. But this common wisdom is wrong. Under existing Federal Circuit rules, the first precedent controls in the event of a conflict over doctrine, unless and until reversed en banc. The first precedent on the issue, the 2000 Schering Corp. v. Amgen, Inc. case, held that claim scope does not reach after-arising technologies for literal infringement and suggested that if it did, then such claims would lack written description support. …
When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl
When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl
IP Theory
No abstract provided.
Intellectual Property's First Sale Doctrine And The Policy Against Restraints On Alienation, Lorie M. Graham, Stephen M. Mcjohn
Intellectual Property's First Sale Doctrine And The Policy Against Restraints On Alienation, Lorie M. Graham, Stephen M. Mcjohn
Texas A&M Law Review
The first sale doctrine decouples intellectual property and physical property. Suppose, at an auction at Sotheby’s, someone bought a contemporary painting by Chuck Close. The buyer now owns the physical painting, but the copyright to the painting remains with the owner of the copyright—the painter Chuck Close or whomever Close may have transferred the copyright to. Absent the first sale doctrine, if the buyer either sold the painting or displayed it to the public, the buyer would potentially infringe the copyright in the painting. The copyright owner has the exclusive right to display copies (including the original, the first copy) …
What Services And Products A Scholarly Communications Department May Offer Your Department/College, Kris S. Helge
What Services And Products A Scholarly Communications Department May Offer Your Department/College, Kris S. Helge
Academic Chairpersons Conference Proceedings
The presenter and the participants will discuss what faculty needs may be met by the services offered by members of a Scholarly Communications Department. Some of these needs may include citation counts, publishing needs, scholarship dissemination and preservation, assistance with intellectual property conundrums, and help with open educational resources.
Artificial Stupidity, Clark D. Asay
Artificial Stupidity, Clark D. Asay
William & Mary Law Review
Artificial intelligence is everywhere. And yet, the experts tell us, it is not yet actually anywhere. This is because we are yet to achieve artificial general intelligence, or artificially intelligent systems that are capable of thinking for themselves and adapting to their circumstances. Instead, all the AI hype—and it is constant—concerns narrower, weaker forms of artificial intelligence, which are confined to performing specific, narrow tasks. The promise of true artificial general intelligence thus remains elusive. Artificial stupidity reigns supreme.
What is the best set of policies to achieve more general, stronger forms of artificial intelligence? Surprisingly, scholars have paid little …
Significance Of Scientific And Technical Information Resources In The Development Of Science, Education And Innovative Economy In Uzbekistan, A. Muhammadiev, Sh. Ergashev
Significance Of Scientific And Technical Information Resources In The Development Of Science, Education And Innovative Economy In Uzbekistan, A. Muhammadiev, Sh. Ergashev
Review of law sciences
This article contains information about the generated scientific and technical information based on national research and intellectual objects. The article also provides information on scientific and technological potential, which makes a great contribution to the development of science, education and innovative economies.
The Formation Of A National Legal System Against Cultural Piracy, O. Okyulov
The Formation Of A National Legal System Against Cultural Piracy, O. Okyulov
Review of law sciences
This article describes the peculiarity of piracy as a legal category, and as a system of offenses. Different views from scientific researches and literatures on combating piracy are analyzed. The article also elaborates and supports conceptual decisions on combating piracy in Uzbekistan. At present, it is clearly seen that cultural piracy has become widespread as an offense, while the public attitude in the form of censure is rather weakly expressed. It is noted that in order for Uzbekistan to enter the WTO and increase the international rating, in our country it is necessary to take drastic measures against cultural piracy. …
A Comparative Study Of Trademarks: Usmca (U.S.-Mexico-Canada Agreement) And Nafta (North American Free Trade Agreement), Roberto Rosas
A Comparative Study Of Trademarks: Usmca (U.S.-Mexico-Canada Agreement) And Nafta (North American Free Trade Agreement), Roberto Rosas
Faculty Articles
The definition of a trademark has expanded under the U.S. -Mexico-Canada Agreement ("USMCA "'), which provides more protection for rights holders. Currently, these three countries are bound by the North American Free Trade Agreement ("NAFTA"'), which has a narrow definition for trademarks. The North American Free Trade Agreement ("NAFTA"'), which came into effect on January 1, 1994, was a significant agreement between some of the largest, strongest, and well-developed economies in the world: United States and Canada. It also helped to invigorate Mexico's future economic development. NAFTA's broad purpose was to regulate the exchange of capital, goods, and services across …
Engaging First Year Students With Intellectual Property, Marian G. Armour-Gemmen
Engaging First Year Students With Intellectual Property, Marian G. Armour-Gemmen
Faculty & Staff Scholarship
Since intellectual property is so important to engineers, creating enthusiasm from the beginning of their engineering studies is imperative. Since first year students have not learned how to apply technological concepts to real life, demonstrating intellectual property could be a challenge. To engage first year engineering students in the concept and the value of intellectual property, students were introduced to basic concepts and applications. Different concepts were applied to real life examples allowing them to interface with technology from an intellectual property perspective. This paper highlights not only patents, but also trademarks and trade secrets.
Fair Use In Oracle: Proximate Cause At The Copyright/Patent Divide, Wendy J. Gordon
Fair Use In Oracle: Proximate Cause At The Copyright/Patent Divide, Wendy J. Gordon
Faculty Scholarship
In Oracle America, Inc. v. Google LLC, the Federal Circuit undermined copyright law’s deference to patent law and, in doing so, delivered a blow to both regimes. Copyright’s deference— including a historic refusal to enforce rights that might undermine the public’s liberty to copy unpatented inventions-- is a necessary part of preserving inventors’ willingness to accept the short duration, mandatory disclosure, and other stringent bargains demanded by patent law. Deference to patent law is also integral to copyright law’s interior architecture; copyright’s refusal to monopolize functional applications of creative work lowers the social costs that would otherwise be imposed by …
Placebo Marks, Jake Linford
Placebo Marks, Jake Linford
Pepperdine Law Review
Scholars often complain that sellers use trademarks to manipulate consumer perception. This manipulation ostensibly harms consumers by limiting their ability to make informed choices. For example, holding other things constant, consumers spend more money on goods with a high-performance reputation. Critics characterize that result as wasteful, if not anticompetitive. But recent marketing research shows that trademarks with a high-performance reputation may sometimes influence perception to the benefit of the consumer. A trademark with a high-performance reputation can deliver a performance-enhancing placebo effect. Research subjects perform better at physical and mental tasks when they prepare or play with a product bearing …
Bridging Race + Ip: The Challenges And Potential Of Utilizing Transdisciplinary Methods To Undo The Unbearable Whiteness Of Intellectual Property, Deidre Keller
Faculty Books and Book Contributions
This chapter is part of Approaches and Methodologies in Intellectual Property Research edited by Irene Calboli and Maria Lilla.
Data Governance And The Emerging University, Michael J. Madison
Data Governance And The Emerging University, Michael J. Madison
Book Chapters
Knowledge and information governance questions are tractable primarily in institutional terms, rather than in terms of abstractions such as knowledge itself or individual or social interests. This chapter offers the modern research university as an example. Practices of data-intensive research by university-based researchers, sometimes reduced to the popular phrase “Big Data,” pose governance challenges for the university. The chapter situates those challenges in the traditional understanding of the university as an institution for understanding forms and flows of knowledge. At a broad level, the chapter argues that the new salience of data exposes emerging shifts in the social, cultural, and …
The Color Of Creatorship: Intellectual Property, Race, And The Making Of Americans (Introduction), Anjali Vats
The Color Of Creatorship: Intellectual Property, Race, And The Making Of Americans (Introduction), Anjali Vats
Book Chapters
INTELLECTUAL PROPERTY LAW, the body of legal doctrine and practice that governs the ownership of information, is animated by a dichotomy of creatorship and infringement. In the most often repeated narratives of creatorship/infringement in the United States, the former produces a social and economic good while the latter works against the production of that social and economic good. Creators, those individuals whose work is deemed protectable under copyright, patent, trademark, trade secret, and unfair competition law, create valuable products that contribute to economic growth and public knowledge. Infringers, those individuals who use the work of creators without their permission, steal …