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Articles 1 - 30 of 877
Full-Text Articles in Intellectual Property Law
Modification Patents Across Multiple Ndas In Pharmaceutical Protections, Robin C. Feldman, Ramy Alsaffar, Tanziuzzaman Sakib
Modification Patents Across Multiple Ndas In Pharmaceutical Protections, Robin C. Feldman, Ramy Alsaffar, Tanziuzzaman Sakib
Faculty Scholarship
Introduction Our study examines modification patents across multiple New Drug Applications (NDAs), employed by pharmaceutical companies to extend patent protections. Ours is the only comprehensive study of modification patents by Active Pharmaceutical Ingredient (API) across multiple NDAs, the approach of current regulatory initiatives, investigating how these patents extend drug protections and impede generic entry.
Methods We examine 1028 modification patents, categorizing them as chemical variations, formulation changes, treatment methods, or device/agent. We tabulated additional granted protection time, correlations with new NDAs, and litigation from potential generics.
Results On average, 5 modification patents protected each drug, extending granted protection periods by …
No Cuts: How Hayao Miyazaki Highlights The United States’ Inadequacy In Protecting Foreign Authors’ Integrity, Bridget Johns
No Cuts: How Hayao Miyazaki Highlights The United States’ Inadequacy In Protecting Foreign Authors’ Integrity, Bridget Johns
UC Law SF Communications and Entertainment Journal
Although the United States joined the Berne Convention in 1989, U.S. copyright law reflects a restricted approach to moral rights protection. Unlike many Berne signatories, the U.S. largely frames copyright as an economic right rather than as a way to protect artistic integrity. Japanese law, by contrast, treats moral rights as central to creative work protections, emphasizing the importance of the work’s dignity and author’s intent. This incongruity has significant consequences in the globalized era, particularly when foreign works are distributed within the U.S. Weak statutory moral rights protections leave authors vulnerable to misattribution and distortion without meaningful recourse. This …
What The Court Tells Reporters: A Discourse Analysis Of Press Interviews With The Justices Since 2000, Brown James
What The Court Tells Reporters: A Discourse Analysis Of Press Interviews With The Justices Since 2000, Brown James
UC Law SF Communications and Entertainment Journal
The Supreme Court of the United States is among the most influential institutions in American life, yet it is also well known to be one of the most secluded and inaccessible. By and large, the justices only pass their thoughts and decision-making processes to the public via their official written opinions, and seldom grant interviews to reporters. General press coverage of the Court has been given considerable scholarly attention, but the limited interviews the justices grant to the press receive comparatively little attention. This article examines those interviews by analyzing 82 press interviews with active and retired justices from 2000 …
Copyright In Film Adaptations: Protecting Moral Rights In The Age Of The Internet, Amanda Mell
Copyright In Film Adaptations: Protecting Moral Rights In The Age Of The Internet, Amanda Mell
UC Law SF Communications and Entertainment Journal
No abstract provided.
Mama Meant To Make You Cry: Who Protects Children From Their Parents’ Social Media Rage Bait?, Danya Hajjaji
Mama Meant To Make You Cry: Who Protects Children From Their Parents’ Social Media Rage Bait?, Danya Hajjaji
UC Law SF Communications and Entertainment Journal
No abstract provided.
Tear Down The Wall: Why Requiring The Fda And The Pto To Share Information Will Improve The Decision-Making Of Both Agencies, Robin C. Feldman, Gideon Schor
Tear Down The Wall: Why Requiring The Fda And The Pto To Share Information Will Improve The Decision-Making Of Both Agencies, Robin C. Feldman, Gideon Schor
Faculty Scholarship
An invisible wall separates the U.S. Food and Drug Administration (FDA) from the U.S. Patent and Trademark Office (PTO). This wall blocks inter-agency communication, depriving the PTO of information relevant to patent applications and depriving the FDA of information relevant to drug-approval applications. Consequently, it is too easy for a drug company to tell the PTO ‘our drug is new’ (in hopes of speeding a patent grant) while telling the FDA ‘our drug is not new’ (in hopes of speeding drug approval). Better communication between the FDA and PTO would increase agency accuracy by preventing inconsistent representations, and would increase …
Ip Law: Ai And Cracks In The Foundation Of Ip, Robin C. Feldman
Ip Law: Ai And Cracks In The Foundation Of Ip, Robin C. Feldman
The Judges' Book
Our implicit image of progress, and the standards we use to calibrate the value of human contributions to that progress, are quietly at risk from the onslaught of AI. AI has the potential to significantly shrink the pool of information and creative work protected by IP, particularly shrinking the protectable space for the work of human contributors.
The changes wrought by AI raise existential questions for society’s conception of human invention. I use the term “existential” here not in the modern sense of threatening something’s existence, but rather in the broad sense of philosophical existentialism, as being concerned with exploring …
Open Secrets, Robin C. Feldman, Vaughn Goehrig
Open Secrets, Robin C. Feldman, Vaughn Goehrig
Faculty Scholarship
Patents and trade secrets were never intended to meet, but in the world of biologic drugs, they've become as thick as thieves. Patent law's disclosure requirement has demanded far too little of biologics manufacturers-allowing them to keep vital manufacturing details under trade secret lock and key. This intellectual property patchwork has been devastating for drug affordability: Because the most critical manufacturing information remains hidden, makers of follow-on biologics (called biosimilars) are often stuck reinventing the wheel, even after the original patents have expired.
This Article makes two principal contributions to illuminating this problem. First, it presents, for the first time …
Virtual Influencers, Real Liability: Strategies For Companies To Ensure Consumer Protection When Using Ai Influencers, Sherri Hufstedler
Virtual Influencers, Real Liability: Strategies For Companies To Ensure Consumer Protection When Using Ai Influencers, Sherri Hufstedler
UC Law SF Communications and Entertainment Journal
No abstract provided.
When You Wish Upon A Clause, Hannah Lee
When You Wish Upon A Clause, Hannah Lee
UC Law SF Communications and Entertainment Journal
No abstract provided.
Fair Use Or Foul Play? Copyright Law’S Battle Over Using Sound Recordings In Ai Training, Matthew Schurz
Fair Use Or Foul Play? Copyright Law’S Battle Over Using Sound Recordings In Ai Training, Matthew Schurz
UC Law SF Communications and Entertainment Journal
No abstract provided.
How Slow Legislative Reform Allows For Fake News, The Remedies And Solutions To Modernize The Law, Christopher Kidwell
How Slow Legislative Reform Allows For Fake News, The Remedies And Solutions To Modernize The Law, Christopher Kidwell
UC Law SF Communications and Entertainment Journal
No abstract provided.
Exploitation Of User Generated Content For Generative Ai: Making A Case For Data Privacy Rights In Your Social Media Posts, Millicent Wong
Exploitation Of User Generated Content For Generative Ai: Making A Case For Data Privacy Rights In Your Social Media Posts, Millicent Wong
UC Law SF Communications and Entertainment Journal
Nearly all user-generated content contains personal data. Yet, Big Tech companies can exploit the user-generated content you posted because under current legal frameworks, the information is already public (no matter how many sordid details you’ve shared in that social media post). In the age of the great generative AI arms race between OpenAI, Google, and Meta, technology companies are collecting mass amounts of user-generated content on their platform for training AI models. This Note argues that current data privacy practices with respect to user-generated content is anti-consumer, because it fails to take today’s technological advancements, business practices, and online norms …
From Murphy To The Seminole Compact: California’S Pathways To Sports Betting Legalization Without A Constitutional Amendment, Makenalani “Roo” Cash
From Murphy To The Seminole Compact: California’S Pathways To Sports Betting Legalization Without A Constitutional Amendment, Makenalani “Roo” Cash
UC Law SF Communications and Entertainment Journal
No abstract provided.
Replicating Reality: Is Trademark Use In The Metaverse Commercial Or Expressive?, Vito Quaglia
Replicating Reality: Is Trademark Use In The Metaverse Commercial Or Expressive?, Vito Quaglia
UC Law SF Communications and Entertainment Journal
This Note will examine how trademark law should be applied to emerging digital spaces known as metaverses, which can function as both new-age video games and digital marketplaces. The Note will first explain the concept of the metaverse. Next, it will lay out the current landscape of trademark law as it is applied to marks in artistic works, including First Amendment protections for artistic relevance. Then, the Note will illustrate trademark infringement lawsuits dealing with fashion and digital media. Following that, this Note will detail how trademark law is applied to video games, especially in cases involving artistic expression. The …
Artificial Authorship On The Big Screen: Regulating Ai In Scriptwriting, Cassie Larson
Artificial Authorship On The Big Screen: Regulating Ai In Scriptwriting, Cassie Larson
UC Law SF Communications and Entertainment Journal
While the rise of artificial intelligence (AI) offers exciting, new creative possibilities for the entertainment industry, it also threatens to replace or undercompensate the humans who have been at the backbone of the industry since its inception. AI’s increasing ability to generate human-quality content raises concerns about job displacement and copyright ownership for scriptwriters. While the recent Writers Guild of America (WGA) strike secured several protections, the unique and rapidly evolving nature of AI requires that further legal safeguards be created. This Note argues for additional regulations to ensure that AI remains a collaborative tool for scriptwriters and not a …
Toxic Minimalism On The “Yolo” Court: The Supreme Court’S Dangerous Muddle In First Amendment And Speech-Adjacent Law, Matthew D. Bunker, Emily Erickson
Toxic Minimalism On The “Yolo” Court: The Supreme Court’S Dangerous Muddle In First Amendment And Speech-Adjacent Law, Matthew D. Bunker, Emily Erickson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Pack Your Bags…We’Re Moving To The Public Domain: The Expiration Of Copyright Terms And Its Implications On Future Protection, Sophie Ganion
Pack Your Bags…We’Re Moving To The Public Domain: The Expiration Of Copyright Terms And Its Implications On Future Protection, Sophie Ganion
UC Law SF Communications and Entertainment Journal
The following Note addresses the expiration of copyright terms for a multitude of creative works and the various implications of that expiration for their future IP protection. It explores the conflicting perspectives of stakeholders, from the excitement of artists and everyday creatives versus the concerns of industry leaders about the potential erosion of their copyright monopolies. Drawing from landmark cases like Baker v. Selden and Dastar Corporation v. Twentieth Century Fox Film Corp., this Note highlights the complex questions surrounding copyright expiration and the strategic use of trademark protection. The Note emphasizes the necessity for coherent legal frameworks to ensure …
Emojis: An Approach To Interpretation, Patricia Vilma Graham
Emojis: An Approach To Interpretation, Patricia Vilma Graham
UC Law SF Communications and Entertainment Journal
No abstract provided.
Has Ai Art Generated The Next Napster? Analyzing Civil And Criminal Liability For Prompt Marketplace Participants, Tyler Larson
Has Ai Art Generated The Next Napster? Analyzing Civil And Criminal Liability For Prompt Marketplace Participants, Tyler Larson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Reinventing The Silver Screen… Again: The Copyright Licensing Implications Of Using Video Game Technology For Virtual Production On Film And Tv Sets, Nicholas M. Medellin
Reinventing The Silver Screen… Again: The Copyright Licensing Implications Of Using Video Game Technology For Virtual Production On Film And Tv Sets, Nicholas M. Medellin
UC Law SF Communications and Entertainment Journal
No abstract provided.
New Problem, Same Old Ecpa: Facebook, Inc. V. State Of New Jersey And The Electronic Communications Privacy Act’S Growing Inadequacy, Austin Fauni
UC Law SF Communications and Entertainment Journal
No abstract provided.
One Step Forward Or Two Steps Back For The Music Industry: Analyzing The Statutory And Practical Issues In Title I Of The Music Modernization Act, Gabriel Ross
UC Law SF Communications and Entertainment Journal
No abstract provided.
Adopting A Solution To Copyright’S Orphan Works Problem, Kylie Arman
Adopting A Solution To Copyright’S Orphan Works Problem, Kylie Arman
UC Law SF Communications and Entertainment Journal
No abstract provided.