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Articles 2071 - 2100 of 2855
Full-Text Articles in Intellectual Property Law
The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley
The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley
Faculty Articles
This Essay identifies a new boundary in patent law - illegal or immoral invention creation activity - and explores the possible challenges and opportunities it may facilitate. The boundary currently is neither robust nor extensive, and whether and under what circumstances it should exist at all is open to debate.
Fixing A Hole: Eliminating Ownership Uncertainties To Facilitate University-Generated Innovation, Anthony J. Luppino
Fixing A Hole: Eliminating Ownership Uncertainties To Facilitate University-Generated Innovation, Anthony J. Luppino
Faculty Works
No abstract provided.
The Componentization Of Information, Kristen Osenga
The Componentization Of Information, Kristen Osenga
Law Faculty Publications
Information is ‘the oxygen of the modern age’. Despite its importance, or perhaps because of it, conventional wisdom has long been of the view that information wants to, or even needs to, be free. This idea has been extended to encompass not just raw data, but also information products such as databases and software. These products – products whose primary value lies in organizing, providing context, and distributing information content – have often been the subject of debate over whether and to what extent these works should be protected. The tension between information being free and information products being protected …
Bringing Down The Walls: How Technology Is Being Used To Thwart Parallel Importers Amid The International Confusion Concerning Exhaustion Of Rights, Ryan L. Vinelli
Bringing Down The Walls: How Technology Is Being Used To Thwart Parallel Importers Amid The International Confusion Concerning Exhaustion Of Rights, Ryan L. Vinelli
Cardozo Journal of International and Comparative Law
The note examines the tension between intellectual property rights and free trade, highlighting the conflict arising from market segmentation strategies employed by companies like Sony. It argues that the lack of a uniform international standard on the exhaustion of rights exacerbates this issue, suggesting that an international regime under the WTO could mitigate market segmentation and promote free trade.
A New Interface Between Copyright Law And Technology: How User-Generated Content Will Shape The Future Of Online Distribution, Maria Lillà Montagnani
A New Interface Between Copyright Law And Technology: How User-Generated Content Will Shape The Future Of Online Distribution, Maria Lillà Montagnani
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Sequential Innovation, Patents, And Imitation, James Bessen, Eric Maskin
Sequential Innovation, Patents, And Imitation, James Bessen, Eric Maskin
Faculty Scholarship
How could such industries as software, semiconductors, and computers have been so innovative despite historically weak patent protection? We argue that if innovation is both sequential and complementary--as it certainly has been in those industries--competition can increase firms' future profits thus offsetting short-term dissipation of rents. A simple model also shows that in such a dynamic industry, patent protection may reduce overall innovation and social welfare. The natural experiment that occurred when patent protection was extended to software in the 1980?s provides a test of this model. Standard arguments would predict that R&D intensity and productivity should have increased among …
Comprehensive Data Privacy Legislation: Why Now Is The Time?, Tanith L. Balaban
Comprehensive Data Privacy Legislation: Why Now Is The Time?, Tanith L. Balaban
Journal of Law, Technology, & the Internet
No abstract provided.
Introduction: Symposium On Law, Entrepreneurship, And Economic Recovery, Anthony J. Luppino
Introduction: Symposium On Law, Entrepreneurship, And Economic Recovery, Anthony J. Luppino
Faculty Works
No abstract provided.
Enabling After-Arising Technology, Kevin Emerson Collins
Enabling After-Arising Technology, Kevin Emerson Collins
Articles by Maurer Faculty
No abstract provided.
The Sony Legacy: Secondary Liability Perspectives, Robert I. Reis
The Sony Legacy: Secondary Liability Perspectives, Robert I. Reis
Journal Articles
No abstract provided.
Volume 1 Issue 1 (2009)
Journal of Law, Technology, & the Internet
No abstract provided.
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
Journal Articles
This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.
Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel
Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers
Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Licensing Technology To The Brics: The Case For Adr, Aaron Pereira
Licensing Technology To The Brics: The Case For Adr, Aaron Pereira
Cardozo Journal of Conflict Resolution
This Note seeks to explore the application of mechanisms of Alternative Dispute Resolution ("ADR") to overcome problems associated with the traditional methods of international patent litigation, with a focus on the BRIC countries. It starts with an outline of patent rights including their international licensing. The Note will then move on to a discussion of the present mechanisms of international patent protection and perceived problems with the current system, the ways in which ADR can help overcome these problems and the limitations of ADR in this field. Finally, the Note will examine the enforcement of ADR awards, the application of …
Pirates Among The Second Life Islands - Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis
The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Debunking Blackstonian Copyright, Shyamkrishna Balganesh
Debunking Blackstonian Copyright, Shyamkrishna Balganesh
Faculty Scholarship
More than two decades ago, in attempting to make sense of the structural dissonance between copyright and free expression, the U.S. Supreme Court famously declared that copyright was intended to be “the engine of free expression.” Ironically, this characterization was at the time intended as little more than a rhetorical device. In that very case, the Court proceeded immediately thereafter to analyze copyright as a “marketable” property right and conclude that absent a showing of market failure, neither fair use nor the First Amendment would preclude a finding of infringement. Instead of injecting a new set of values into copyright …
Demythologizing Phosita: Applying The Non-Obviousness Requirement Under Canadian Patent Law To Keep Knowledge In The Public Domain & Foster Innovation, Matthew Herder
Articles, Book Chapters, & Popular Press
The Supreme Court of Canada recently revised the doctrine of non-obviousness in a pharmaceutical “selection patent” case, Apotex Inc. v. Sanofi-Synthelabo Canada Inc. Although cognizant of changes to the same doctrine in the United States and the United Kingdom, a critical flaw in how the doctrine is being applied in Canada escaped the Court’s attention. Using content analysis methodology, this article shows that Canadian courts frequently fail to characterize the “person having ordinary skill in the art” (PHOSITA) for the purpose of the obviousness inquiry. The article argues that this surprisingly common analytical mistake betrays a deep misunderstanding of innovation, …
Book Review: Stephen Hopgood, 'Keepers Of The Flame: Understanding Amnesty International', Kenneth Anderson
Book Review: Stephen Hopgood, 'Keepers Of The Flame: Understanding Amnesty International', Kenneth Anderson
Book Reviews
This brief review (1100 words) examines Stephen Hopgood's half journalism-half anthropological journey inside the world of Amnesty International. The book is an outstanding piece of both reportage and analysis, and the review discusses the various pressures, political and ideological and social, on AI and those that work in its International Secretariat. As the review notes, AI is more like a religious order than anything else, and that observation has ramifications for the NGO world beyond AI.
Legal Approaches To Promote Technological Solutions To Climate Change, Daniel Van Fleet
Legal Approaches To Promote Technological Solutions To Climate Change, Daniel Van Fleet
Duke Law & Technology Review
Technological advancement is widely viewed as an essential component to any effective climate change strategy. However, there is no consensus as to the degree to which the law should promote technological innovation and development. This iBrief analyzes government involvement in encouraging such technology and divides the various policies into four categories. On one end are policies that rely mainly on market forces to encourage scientific advancement naturally, requiring minimal government involvement. A second category of policies involves technological development promoted indirectly through laws addressing climate change generally. A third type of policy involves directly offering government funding and financing for …
Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh
Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh
Buffalo Law Review
No abstract provided.
Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen
Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen
Cardozo Journal of International and Comparative Law
The note examines the challenges of enforcing copyright laws in the digital age, focusing on the contrasting approaches of the U.S. and Sweden in addressing peer-to-peer file sharing. It critiques the U.S. for its aggressive legal strategy, which may prove counterproductive, while highlighting Sweden's potential as a model for alternative solutions. The analysis underscores the need for a balanced approach that protects copyright holders without stifling innovation.
Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner
Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner
All Faculty Scholarship
Is the Internet turning contract law on its head? Many commentators contend it is. Precisely this issue arises in current controversies over end user license agreements (EULAs) and Terms of Use agreements (TOUs, the agreements governing our use of web sites). Commentators complain that, in both cases, the formation process unduly restricts buyers’ freedom; and, that sellers and web site owners exploit the process to impose terms that deprive consumers of important intellectual property and privacy rights. The courts ignore the criticisms and routinely enforce EULAs and TOUs. There is truth on both sides of this court/commentator divide. EULAs and …
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.
Rediscovering The Doctrine Of Marking Estoppel After Medimmune: Balancing The Public Interest And Private Rights, 7 J. Marshall Rev. Intell. Prop. L. 573 (2008), Michael D. Karson
Rediscovering The Doctrine Of Marking Estoppel After Medimmune: Balancing The Public Interest And Private Rights, 7 J. Marshall Rev. Intell. Prop. L. 573 (2008), Michael D. Karson
UIC Review of Intellectual Property Law
Marking is the act of placing a patent number on a product or its packaging. The doctrine of marking estoppel deals with whether the act of marking will preclude denials of patent infringement or patent validity challenges. This comment reviews the history of marking estoppel and determines that although the Federal Circuit has expressed reservations about the doctrine, marking estoppel remains viable. This comment argues that marking estoppel should preclude a marking party from denying patent infringement when the marking party has acted with scienter and the asserting party has come to court with clean hands. However, because of the …
Potential Pitfalls In High-Tech Copyright Litigation, 25 J. Marshall J. Computer & Info. L. 513 (2008), Peter J. Shurn Iii
Potential Pitfalls In High-Tech Copyright Litigation, 25 J. Marshall J. Computer & Info. L. 513 (2008), Peter J. Shurn Iii
UIC John Marshall Journal of Information Technology & Privacy Law
Alleging software and data-base infringement is probably the most common offensive strategy currently seen in high-tech copyright litigation. In the context of a hypothetical factual setting, this article explores three potential pitfalls attendant to such a strategy, and suggests ways to minimize those risks.
Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross
Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the process of innovation and releasing so-called negative information to help others in the process to innovate. The article focuses on patent law and asks the questions: Why do people innovate? Does the legal system really reflect how the process of innovation actually occurs?
Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley
Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley
UIC John Marshall Journal of Information Technology & Privacy Law
The author demonstrates how problematic the convergences between Internet technology, the demands of a burgeoning e-market, and trademark laws have created a myriad of issues in international governance of domain names. While the Internet Corporation for Assigned Names and Numbers (“ICANN”) has been tasked with resolving some of the most problematic information ownership issues in e-commerce, she demonstrates that current changes in domain name registries ignore the real world problems posed by these convergences.
The Supreme Court's Trademark Jurisprudence: Categorical Divergence In The Interest Of Information Convergence, 25 J. Marshall J. Computer & Info. L. 635 (2008), Sheldon Halpern
UIC John Marshall Journal of Information Technology & Privacy Law
The author shows that convergence has placed trademark law in the center of some of the hard-fought battles over information ownership in intellectual property. From fights over moral rights, to collisions with patents, trademarks in the new technological age have raised questions that he suggests might be better analyzed if the associative nature of trademarks were recognized and applied.