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Articles 61 - 90 of 829
Full-Text Articles in Intellectual Property Law
Is Gray V. Perry The One That Got Away? The Idea-Expression Dichotomy And Music Copyright Infringement, 20 Uic Rev. Intell. Prop. L. 290 (2021), Marisa Schutz
UIC Review of Intellectual Property Law
No abstract provided.
The Blur Between Fact And Fiction: Should Trademark Protections Extend To Aspects Of Fictional Works?, 20 Uic Rev. Intell. Prop. L. 451 (2021), Sam Walker
UIC Review of Intellectual Property Law
No abstract provided.
Replacing The Rogers Test: Will An Inquiry Into Non-Artistic Motive In Selecting Titles Of Expressive Works Remedy The Possibility Of Flagrant Deception?, 20 Uic Rev. Intell. Prop. L. 429 (2021), Sabina Nedkova
UIC Review of Intellectual Property Law
No abstract provided.
Foreword: The Supreme Court’S Changing Approach To Patent Law, 21 Uic Rev. Intell. Prop. L. 1 (2021), Ted Field
Foreword: The Supreme Court’S Changing Approach To Patent Law, 21 Uic Rev. Intell. Prop. L. 1 (2021), Ted Field
UIC Review of Intellectual Property Law
No abstract provided.
Federal Circuit’S Jurisprudence Of The Patent-Eligibility Analysis: Toward A Bright-Line Rule, 21 Uic Rev. Intell. Prop. L. 16 (2021), Ping-Hsun Chen
Federal Circuit’S Jurisprudence Of The Patent-Eligibility Analysis: Toward A Bright-Line Rule, 21 Uic Rev. Intell. Prop. L. 16 (2021), Ping-Hsun Chen
UIC Review of Intellectual Property Law
No abstract provided.
A Retrospective Reflection On Ripl, 21 Uic Rev. Intell. Prop. L. 13 (2021), Adam Kelly, Dorien Clark
A Retrospective Reflection On Ripl, 21 Uic Rev. Intell. Prop. L. 13 (2021), Adam Kelly, Dorien Clark
UIC Review of Intellectual Property Law
No abstract provided.
Patent Owners Face Unknown Arguments As To Whether Ipr Estoppel Attaches To Physical Products, 19 Uic Rev. Intell. Prop. L. 328 (2020), Christian Karpinski
Patent Owners Face Unknown Arguments As To Whether Ipr Estoppel Attaches To Physical Products, 19 Uic Rev. Intell. Prop. L. 328 (2020), Christian Karpinski
UIC Review of Intellectual Property Law
When challenging a patent in an inter partes review (“IPR”), petitioners are limited to arguing that the patent is anticipated or obvious based on existing patents and printed publications. According to 35 U.S.C. § 315(e)(1) and (2), a petitioner in an IPR that results in a final written decision (FWD) may not raise in the USPTO or a civil action or an ITC proceeding “any ground that the petitioner raised or reasonably could have raised during that inter partes review.” But, what if a prior art physical product is cumulative of a printed publication raised in an IPR? Courts have …
Blockchain And Smart Contract For Peer-To-Peer Energy Trading Platform: Legal Obstacles And Regulatory Solutions, 19 Uic Rev. Intell. Prop. L. 285 (2020), Joseph Lee, Vere Marie Khan
Blockchain And Smart Contract For Peer-To-Peer Energy Trading Platform: Legal Obstacles And Regulatory Solutions, 19 Uic Rev. Intell. Prop. L. 285 (2020), Joseph Lee, Vere Marie Khan
UIC Review of Intellectual Property Law
This paper discusses the implications of smart contracts in energy trading for the protection of consumer and individual rights. It examines the legal risks and regulatory solutions for a peer-to-peer energy trading platform (P2P-ETP) in creating a sustainable energy ecosystem. Part I discusses the conceptual framework of P2PETP, which enables consumers to become energy ‘producers' and traders. Smart technologies—smart contracts, smart meters, and distributed ledger technology (DLT) platforms, are the main components of this platform. The study examines the legal basis for these components. Part II analyzes the legal uncertainty of the smart contract, such as its enforceability, and the …
Extraterritoriality And The Active Inducement Of Infringement, 19 Uic Rev. Intell. Prop. L. 204 (2020), Robert Stier
Extraterritoriality And The Active Inducement Of Infringement, 19 Uic Rev. Intell. Prop. L. 204 (2020), Robert Stier
UIC Review of Intellectual Property Law
In Merial Ltd. v. Cipla Ltd., the Federal Circuit held that actions taken outside the United States might make a foreign defendant liable for induced infringement of a US patent under § 271(b) of the Patent Act. This article questions whether Merial remains good law after the Supreme Court’s 2018 decision in WesternGECO LLC v. ION Geophysical Corp. There, the Supreme Court held that lost profits from foreign sales were recoverable under § 284 of the Patent Act when they resulted from acts of domestic patent infringement. In reaching that decision, the Court applied the test from RJR Nabisco, Inc. …
Mural Mural On The Wall: Revisiting Fair Use Of Street Art, 19 Uic Rev. Intell. Prop. L. 267 (2020), Madylan Yarc
Mural Mural On The Wall: Revisiting Fair Use Of Street Art, 19 Uic Rev. Intell. Prop. L. 267 (2020), Madylan Yarc
UIC Review of Intellectual Property Law
Mural mural on the wall, what’s the fairest use of them all? Many corporations have taken advantage of public art to promote their own brand. Corporations commission graffiti advertising campaigns because they create a spectacle that gains traction on social media. The battle rages on between the independent artists who wish to protect the exclusive rights over their art, against the corporations who argue that the public art is fair game and digital advertising is fair use of art. The Eastern Market district of Detroit is home to the Murals in the Market Festival. In January 2018, Mercedes Benz obtained …
Defend Trade Secrets Act And The Seizure Provision: Useful Or Superfluous?, 19 Uic Rev. Intell. Prop. L. 218 (2020), Sachin Bhatmuley
Defend Trade Secrets Act And The Seizure Provision: Useful Or Superfluous?, 19 Uic Rev. Intell. Prop. L. 218 (2020), Sachin Bhatmuley
UIC Review of Intellectual Property Law
Over three years have passed since the Defend Trade Secrets Act (DTSA) was passed by Congress. One of the remarkable and ground-breaking provisions of the act was the ex parte seizure provision. With its inherent expediency and the element of surprise, the ex parte seizure provision found instant appeal among the trade secret owner community. But the opponents saw a provision ripe for abuse and anti-competitive behaviour. In the three years since its enactment, the ex parte seizure provision has been used sparingly. Plaintiffs have found other provisions equally effective or at least “good enough.” Even when plaintiffs sought ex …
The Yeezy Boost 350 Copyright Registrations: Did Kanye West Turn Justice Breyer's Fear Into A Reality?, 19 Uic Rev. Intell. Prop. L. 244 (2020), Dorien Clark
UIC Review of Intellectual Property Law
In the world of fashion, few have been able to gain copyright protection for their most ambitious and intricate designs. The useful article prohibition has long haunted designers and has left them with less desirable forms of protection, such as design patent or trade dress protections. Sympathetic to the artistic nature of many useful article designs, courts crafted varying standards to allow copyright protection for artistic aspects separable from the useful article. The Supreme Court articulated a new separability standard in Star Athletica v. Varsity Brands, which introduced a new chapter of copyright protection for useful articles. Although the standard …
Ncaa Down For The Count? New State Legislation Threatens Collegiate Sports As We Know It, 19 Uic Rev. Intell. Prop. L. 346 (2020), Joe Nelson
UIC Review of Intellectual Property Law
Since the 1950s, the NCAA’s amateurism shield has served as a stalwart protector in combatting litigation from athletes and coaches within its purview. They have faced many lawsuits since that time, with the overwhelming majority failing. As this comment shows, complaints have been of a wide variety such as antitrust, employment, and state action litigation. The amateurism principle was their defense in each of those situations. But now, many states have recently begun passing legislation that would allow student athletes to obtain compensation, in more ways than one. These statutes are a shot through the heart of the amateurism principle, …
Music Sampling And The De Minimis Defense: A Copyright Law Standard, 19 Uic Rev. Intell. Prop. L. 310 (2020), Adam Baldwin
Music Sampling And The De Minimis Defense: A Copyright Law Standard, 19 Uic Rev. Intell. Prop. L. 310 (2020), Adam Baldwin
UIC Review of Intellectual Property Law
No abstract provided.
Patents 254 Miles Up: Jurisdictional Issues Onboard The International Space Station, 19 Uic Rev. Intell. Prop. L. 365 (2020), Bill Warners
Patents 254 Miles Up: Jurisdictional Issues Onboard The International Space Station, 19 Uic Rev. Intell. Prop. L. 365 (2020), Bill Warners
UIC Review of Intellectual Property Law
Over the past few decades, the emergence of private companies pursuing space exploration proves that venturing into the final frontier is no longer exclusive to government-run operations. From satellites to rocket boosters, billions of dollars worth of private property flies into space every year. However, the expansion of these private companies creates unique jurisdictional challenges for patenting private inventions and processes in outer space. This comment examines what jurisdictional claims and remedies arise when a private third-party commits patent infringement in an outer space jurisdiction that did not issue the patent.
What’S In A Name? Curver Luxembourg And Its Implications For Design Patents, 20 Uic Rev. Intell. Prop. L. 54 (2020), Zachary Shufro
What’S In A Name? Curver Luxembourg And Its Implications For Design Patents, 20 Uic Rev. Intell. Prop. L. 54 (2020), Zachary Shufro
UIC Review of Intellectual Property Law
No abstract provided.
Nonobviousness Standard For Promoting Ongoing Drug Discovery: A Lesson From Sanofi-Aventis U.S., Llc V. Dr. Reddy’S Laboratories, Inc, 20 Uic Rev. Intell. Prop. L. 1 (2020), Ping-Hsun Chen
UIC Review of Intellectual Property Law
No abstract provided.
Living Heritage, Stolen Meaning: Protecting Intangible Native American Cultural Resources Through The Right Of Publicity, 20 Uic Rev. Intell. Prop. L. 31 (2020), Shannon Price
UIC Review of Intellectual Property Law
No abstract provided.
Friend Or Foe: Amazon And The Role It Plays In The Fight Against Copyright Infringement Of Books, 20 Uic Rev. Intell. Prop. L. 87 (2020), Emily Ruzevich
Friend Or Foe: Amazon And The Role It Plays In The Fight Against Copyright Infringement Of Books, 20 Uic Rev. Intell. Prop. L. 87 (2020), Emily Ruzevich
UIC Review of Intellectual Property Law
No abstract provided.
Danning Zhu, How To Improve China’S Approach To Parallel Imports Of Goods Bearing Trademarks, 19 Uic Rev. Intell. Prop. L. 125 (2020), Danning Zhu
UIC Review of Intellectual Property Law
Parallel import, also known as grey market goods, refers to the act of importing goods to a country and selling in the country without the permission of the domestic owner of IP vested in the imported goods. The importer can obtain profits through the price differences between parallel imported products and domestic products of the same variety. China and the United States have huge differences in parallel import policies, even though both countries have participated in major international IP treaties. The United States requires that parallel imported goods bearing a genuine trademark or trade name registered in the United States …
Harry Potter & The "Chinese" Philosopher’S Stone: Deconstructing Copyright Piracy Through Shanzhai, 19 Uic Rev. Intell. Prop. L. 101 (2020), Mark Edward Blankenship Jr.
Harry Potter & The "Chinese" Philosopher’S Stone: Deconstructing Copyright Piracy Through Shanzhai, 19 Uic Rev. Intell. Prop. L. 101 (2020), Mark Edward Blankenship Jr.
UIC Review of Intellectual Property Law
The United States still faces a disconnect with China regarding intellectual property piracy. Particularly, with regards to shanzhai copyrightable works of art, the U.S. labels these fake works as knock-offs, rip-offs, and counterfeits. However, China views shanzhai as a unique form of copying that embraces the “Chinese spirit,” due to its constant modification and hybridization, superior quality, transformativeness, and democratic energies. By understanding the peculiarities of shanzhai, both physical and abstract, as well as China’s copyright law and tradition, this paper proposes ways on how China can improve their copyright laws to improve how shanzhai is perceived and to curb …
Is The Emperor Still Far Away? Centralization, Professionalization, And Uniformity In China's Intellectual Property Reforms, 19 Uic Rev. Intell. Prop. L. 145 (2020), William Weightman
Is The Emperor Still Far Away? Centralization, Professionalization, And Uniformity In China's Intellectual Property Reforms, 19 Uic Rev. Intell. Prop. L. 145 (2020), William Weightman
UIC Review of Intellectual Property Law
As China’s rapid economic growth continues to slow, the Chinese Communist Party now seeks to promote innovation as the engine of future development. With this new economic agenda, reforms to China’s intellectual property rights (IPR) regime have emerged as a key policy domain as China attempts to build market-supporting institutions and improve law enforcement capabilities. By reviewing the legal frameworks supporting specific judicial reforms and through non-randomized, semistructured field interviews with lawyers, IP officials, and industry representatives, this article analyzes how China’s evolving legal institutions are increasing central control in the IP adjudication process, building judicial professionalism, and ensuring uniformity …
So Are Games Coffee Mugs Or What? Games And The Right Of Publicity Revisited, 19 Uic Rev. Intell. Prop. L. 178 (2020), William K. Ford
So Are Games Coffee Mugs Or What? Games And The Right Of Publicity Revisited, 19 Uic Rev. Intell. Prop. L. 178 (2020), William K. Ford
UIC Review of Intellectual Property Law
In Brown v. Entertainment Merchants Association, 564 U.S. 786 (2011), the U.S. Supreme Court held that video games are equivalent to other forms of media for First Amendment purposes. This decision should have put video games in the same category as other forms of non-commercial, expressive speech for purposes of the right of publicity. This article reviews the post-Brown decisions to determine the current place of video games within the caselaw. The result of that review is that games are still in a transitional stage, no longer merchandise as a matter of doctrine, but not yet receiving the same treatment …
A Tale Of Two Pioneers: Trademarking A Tattoo, 18 J. Marshall Rev. Intell. Prop. L. 400 (2019), Jeanette Braun
A Tale Of Two Pioneers: Trademarking A Tattoo, 18 J. Marshall Rev. Intell. Prop. L. 400 (2019), Jeanette Braun
UIC Review of Intellectual Property Law
This is a short article written in a creative style that narrates the story of the first tattoo that was federally registered as a trademark.
The Uncertain Protection Of "Derivative" Trade Secrets, 18 J. Marshall Rev. Intell. Prop. L. 241 (2019), Benjamin Bradford, Remi Jaffre
The Uncertain Protection Of "Derivative" Trade Secrets, 18 J. Marshall Rev. Intell. Prop. L. 241 (2019), Benjamin Bradford, Remi Jaffre
UIC Review of Intellectual Property Law
This article discusses when a trade secret misappropriation claim can be premised on the acquisition, disclosure, or use of a product or method derived from a trade secret, rather than the acquisition, disclosure, or use of a trade secret itself. Although this question is likely to take on increasing importance as digital products that were made through the use of trade secrets and that can easily be copied become a larger part of everyday life, courts have rarely focused on it and have not come to any consensus. In this article, we survey the existing, inconsistent case law and analyze …
Intersection Of Antitrust Laws With Evolving Frand Terms In Standard Essential Patent Disputes, 18 J. Marshall Rev. Intell. Prop. L. 259 (2019), Claire Guo
UIC Review of Intellectual Property Law
This article addresses the issues of overlapping enforcement of antitrust laws and FRAND (Fair, reasonable and non-discriminatory terms) in standard essential disputes. Briefly, this article observes that the evolving FRAND terms will affect the degree that antitrust laws may intervene into SEP license practice. Part I of this article is a brief introduction to the background and main sections. Part II describes the evolvement of FRAND into a globally converged standard of royalty determination and a process through joint efforts of global courts. Part III discusses the changing interaction of FRAND with antitrust laws in three major jurisdictions, respectively China, …
Nationalizing Trips: An Examination Through Exceptions, 18 J. Marshall Rev. Intell. Prop. L. 285 (2019), Evan Tallmadge
Nationalizing Trips: An Examination Through Exceptions, 18 J. Marshall Rev. Intell. Prop. L. 285 (2019), Evan Tallmadge
UIC Review of Intellectual Property Law
What should not be patentable? The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) codifies certain categories of subject matter that nations can exclude from patent protection. This Article examines how nations have interpreted these exclusions through an analysis of their national manuals of patent examining procedure and more importantly what explicit exceptions to patentability these countries have listed. The Article proceeds to analyze both the similarities and differences in approaches towards exclusions that attempt to ban the same subject matter from patentability and differences in what countries have chosen to bar from patenting. The Article concludes with an …
The Golden Claims: Necessary Support For Nonprovisional Application Prior Art References To Be Granted Provisional Application Filing Dates During Inter Partes Review Proceedings, 18 J. Marshall Rev. Intell. Prop. L. 326 (2019), Madison Makeever
UIC Review of Intellectual Property Law
Whether to beat an impending disclosure, disclose the most information possible, or simply to get the earliest possible filing date, provisional patent applications are a beneficial way to protect your patent rights. The few formal and statutory requirements allow provisionals to be prepared on a rush basis. The Federal Circuit held in 2017 that published nonprovisional applications can constitute prior art as of its provisional filing date but only as to elements in the application. However, ambiguity regarding published applications in the Federal Circuit’s 2015 precedent for awarding a patent it’s provisional filing date may lead to increased patent invalidation …
There Has Been An Infringement Of My Work And My Circuit Does Not Allow Me To Sue! The Time Has Come To Hash-Out The Federal Circuit Court Discrepancy On Copyright Registration, 18 J. Marshall Rev. Intell. Prop. L. 344 (2019), Thomas Placzek
UIC Review of Intellectual Property Law
The time has come to relieve the ambiguity created by the continued lack of consensus regarding the proper interpretation of 17 U.S.C. § 411(a). The persistent split amongst the various Federal Courts regarding the meaning of § 411(a)’s registration requirement allows some fortunate artists to immediately enforce their rights in a number of jurisdictions, while artists from other jurisdictions are prohibited from immediately enforcing the same rights. Several circuit and district courts subscribe to the “application approach,” while others employ the “registration approach.” This comment delves into the rationale behind the respective approaches, and discusses the arguments made for and …
Abstraction In Software Patents (And How To Fix It), 18 J. Marshall Rev. Intell. Prop. L. 364 (2019), Athul Acharya
Abstraction In Software Patents (And How To Fix It), 18 J. Marshall Rev. Intell. Prop. L. 364 (2019), Athul Acharya
UIC Review of Intellectual Property Law
Software has long posed a quandary for patent law. As many have observed, software is an abstract technology—but abstract ideas are supposedly ineligible for patenting. This Article explores just what that means, what it doesn’t mean, and what might fix the problem of abstraction in software patents. This Article offers two related ways to understand the abstract nature of software. First, computer science defines itself as a “science of abstraction,” and that self-definition finds real doctrinal purchase. Second, software code is designed to be what the doctrine calls “functional”—to describe abstract results that can be executed on heterogenous hardware without …