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Intellectual Property Law Commons

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Articles 211 - 240 of 467

Full-Text Articles in Intellectual Property Law

Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey Oct 2016

Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey

Georgia Journal of Law & Technology

This paper addresses the Patent Office's misinterpretation of the Supreme Court's ruling in Dickinson v. Zurko regarding the applicability of the factual review standards of the Administrative Procedure Act (APA) to Patent Office findings. More particularly, in accordance with this misinterpretation, recent guidelines promulgated by the Patent Office violate the APA and controlling precedent.

To date, the proper procedures for prosecuting a patent application have been carefully honed through a myriad of statutes, rules, and controlling legal opinions. The resulting procedures are set forth in exemplary prose in the Manual of Patent Examining Procedure (MPEP) issued and revised periodically by …


Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott Sep 2016

Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott

Georgia Journal of Law & Technology

No abstract provided.


Reeling In The Patent Troll: Was Ebay V. Mercexchange Enough?, Damian Myers Sep 2016

Reeling In The Patent Troll: Was Ebay V. Mercexchange Enough?, Damian Myers

Georgia Journal of Law & Technology

No abstract provided.


Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall Sep 2016

Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall

Georgia Journal of Law & Technology

No abstract provided.


Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious Sep 2016

Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious

Georgia Journal of Law & Technology

No abstract provided.


Alternative Business Strategies In Weak Intellectual Property Environments: A Law And Economics Analysis Of The Argo-Biotechnology Firm's Strategic Dilemma, A. Bryan Endres, Peter D. Goldsmith Sep 2016

Alternative Business Strategies In Weak Intellectual Property Environments: A Law And Economics Analysis Of The Argo-Biotechnology Firm's Strategic Dilemma, A. Bryan Endres, Peter D. Goldsmith

Georgia Journal of Law & Technology

No abstract provided.


The Infringement-Plus-Equity Model: A Better Way To Award Monetary Relief In Trademark Cases, David S. Almeling Sep 2016

The Infringement-Plus-Equity Model: A Better Way To Award Monetary Relief In Trademark Cases, David S. Almeling

Georgia Journal of Law & Technology

No abstract provided.


We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton Sep 2016

We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton

Georgia Journal of Law & Technology

No abstract provided.


Reforming Copyright To Foster Innovation: Providing Access To Orphaned Works, Pamela Brannon Sep 2016

Reforming Copyright To Foster Innovation: Providing Access To Orphaned Works, Pamela Brannon

Georgia Journal of Law & Technology

No abstract provided.


Searching For Substance In The Midst Of Formality: Copyright Registration As A Condition Precedent To The Exercise Of Subject-Matter Jurisdiction By Federal Courts Over Copyright Infringement Claims, Mose Bracey Sep 2016

Searching For Substance In The Midst Of Formality: Copyright Registration As A Condition Precedent To The Exercise Of Subject-Matter Jurisdiction By Federal Courts Over Copyright Infringement Claims, Mose Bracey

Georgia Journal of Law & Technology

No abstract provided.


Rules For Radicals: A Politics Of Patent Law, Kali N. Murray Sep 2016

Rules For Radicals: A Politics Of Patent Law, Kali N. Murray

Georgia Journal of Law & Technology

No abstract provided.


Judging Expertise In Copyright Law, William K. Ford Sep 2016

Judging Expertise In Copyright Law, William K. Ford

Georgia Journal of Law & Technology

No abstract provided.


Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love Sep 2016

Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love

Georgia Journal of Law & Technology

No abstract provided.


Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann Sep 2016

Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann

Georgia Journal of Law & Technology

No abstract provided.


You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin Sep 2016

You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin

Georgia Journal of Law & Technology

No abstract provided.


State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett Sep 2016

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett

Georgia Journal of Law & Technology

No abstract provided.


Keeping It Physical: Convergence On A Physicality Requirement For Patentability Of Software-Related Inventions Under The European Patent Convention And United States Law, Kevin Afghani, Duke W. Yee Sep 2016

Keeping It Physical: Convergence On A Physicality Requirement For Patentability Of Software-Related Inventions Under The European Patent Convention And United States Law, Kevin Afghani, Duke W. Yee

Georgia Journal of Law & Technology

No abstract provided.


Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti Sep 2016

Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti

Georgia Journal of Law & Technology

No abstract provided.


What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby Sep 2016

What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby

Georgia Journal of Law & Technology

No abstract provided.


Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard Sep 2016

Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard

Georgia Journal of Law & Technology

No abstract provided.


Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley Sep 2016

Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley

Georgia Journal of Law & Technology

Questions about the copyrightability of compilations and other low authorship fact works, and about the scope of protection, have continued to trouble courts long after the Supreme Court's landmark decision in Feist Publications, Inc. v. Rural Telephone Services Co. in 1991. Justice O'Connor's opinion, explaining why a standard white pages telephone directory did not meet the constitutional and statutory requirements for copyright protection, defined an original work of authorship as one that is independently created by its author and that evidences at least a minimal level of creativity. The latter requirement has been elusive, in part because Justice O'Connor defined …


Trade Secrets As Property: Theory And Consequences, Charles Tait Graves Sep 2016

Trade Secrets As Property: Theory And Consequences, Charles Tait Graves

Georgia Journal of Law & Technology

No abstract provided.


A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith Sep 2016

A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith

Georgia Journal of Law & Technology

No abstract provided.


Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler Sep 2016

Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler

Georgia Journal of Law & Technology

No abstract provided.


Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts Sep 2016

Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts

Georgia Journal of Law & Technology

No abstract provided.


"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay Sep 2016

"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay

Georgia Journal of Law & Technology

No abstract provided.


A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro Sep 2016

A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro

Georgia Journal of Law & Technology

No abstract provided.


On Abstraction And Equivalence In Software Patent Doctrine: A Response To Bessen, Meurer And Klemens, Andrew Chin Sep 2016

On Abstraction And Equivalence In Software Patent Doctrine: A Response To Bessen, Meurer And Klemens, Andrew Chin

Georgia Journal of Law & Technology

No abstract provided.


Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson Jun 2016

Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson

Georgia Journal of Law & Technology

No abstract provided.


Stop The Bleeding: Medimmune Ends The Unjustified Erosion Of Patent Holders' Rights In Patent Licensing Agreements, Richard Weil Goldstucker Jun 2016

Stop The Bleeding: Medimmune Ends The Unjustified Erosion Of Patent Holders' Rights In Patent Licensing Agreements, Richard Weil Goldstucker

Georgia Journal of Law & Technology

No abstract provided.