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Intellectual Property Law Commons

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Articles 451 - 467 of 467

Full-Text Articles in Intellectual Property Law

Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi Nov 2015

Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi

Georgia Journal of Law & Technology

No abstract provided.


Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers Nov 2015

Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers

Georgia Journal of Law & Technology

No abstract provided.


To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson Nov 2015

To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson

Georgia Journal of Law & Technology

No abstract provided.


Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd Nov 2015

Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd

Georgia Journal of Law & Technology

No abstract provided.


Fault Lines In Trademark Default Judgments, David S. Welkowitz Nov 2015

Fault Lines In Trademark Default Judgments, David S. Welkowitz

Georgia Journal of Law & Technology

No abstract provided.


The Viability Of The $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, And Author Incentives, Lydia Pallas Loren Nov 2015

The Viability Of The $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, And Author Incentives, Lydia Pallas Loren

Georgia Journal of Law & Technology

It is not uncommon for a new hardbound copy of today’s law school casebooks to exceed $200. And, each year, the prices inch ever higher. After exploring the various dynamics in the traditional publishing market that have led to the current prices for casebooks, this article describes the experiences of Semaphore Press, a publisher of law school casebooks that offers a very different approach to providing law school casebooks. Semaphore Press offers digital copies of required textbooks for law school classes, (in pdf format with no digit rights management (DRM) restrictions), at a suggested price of $30. In addition, students …


The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King Nov 2015

The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King

Georgia Journal of Law & Technology

No abstract provided.


Patent Office Contested Proceedings And The Duty Of Candor, Lisa A. Dolak Nov 2015

Patent Office Contested Proceedings And The Duty Of Candor, Lisa A. Dolak

Georgia Journal of Law & Technology

The implementation of post-grant trial proceedings in the U.S. Patent and Trademark Office is one of the most significant aspects of the Leahy-Smith America Invents Act. Practitioners have a great deal of new subject matter to master, including the governing statutes and rules, and instructive Patent Trial and Appeal Board decisions. All of this new law is superimposed, however, on an existing legal landscape relating to the practitioner’s duty of candor and potential consequences for candor violations. Furthermore, the new law creates additional candor and disclosure obligations specifically applicable in post-grant contested proceedings.

This paper discusses the “old” and “new” …


Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law Nov 2015

Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law

Georgia Journal of Law & Technology

No abstract provided.


Where There's A Will, There's A Way: Reconciling Theories Of Willful Infringement And Disgorgement Damages In Trademark Law, Rachel Anne Zisek Oct 2015

Where There's A Will, There's A Way: Reconciling Theories Of Willful Infringement And Disgorgement Damages In Trademark Law, Rachel Anne Zisek

Georgia Journal of Law & Technology

No abstract provided.


Clear And Convincing Disparagement: An Argument For A Higher Evidentiary Standard For When The T.T.A.B. Considers Cancelling A Well-Known, Tenured Trademark, John C. Thomas Iii Oct 2015

Clear And Convincing Disparagement: An Argument For A Higher Evidentiary Standard For When The T.T.A.B. Considers Cancelling A Well-Known, Tenured Trademark, John C. Thomas Iii

Georgia Journal of Law & Technology

No abstract provided.


Slide To Unlock: Apple-Samsung, Alice, And The Need For Clarity In Assessing Patent-Eligibility Under Section 101 For Touchscreen Software Patents, Tucker J. Mckinley Oct 2015

Slide To Unlock: Apple-Samsung, Alice, And The Need For Clarity In Assessing Patent-Eligibility Under Section 101 For Touchscreen Software Patents, Tucker J. Mckinley

Georgia Journal of Law & Technology

No abstract provided.


The Right To Say, "I Didn't Write That": Creating A Cause Of Action To Combat False Attribution Of Authorship On The Internet, Kathleen Brennan Hicks Oct 2015

The Right To Say, "I Didn't Write That": Creating A Cause Of Action To Combat False Attribution Of Authorship On The Internet, Kathleen Brennan Hicks

Georgia Journal of Law & Technology

No abstract provided.


The Increasing Use Of Challenges To Expert Evidence Under Daubert And Rule 702 In Patent Litigation, Douglas G. Smith Oct 2015

The Increasing Use Of Challenges To Expert Evidence Under Daubert And Rule 702 In Patent Litigation, Douglas G. Smith

Georgia Journal of Law & Technology

No abstract provided.


Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf Oct 2015

Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf

Georgia Journal of Law & Technology

No abstract provided.


Copyright As Contract, Jeffrey L. Harrison Oct 2015

Copyright As Contract, Jeffrey L. Harrison

Georgia Journal of Law & Technology

Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …


Table Of Contents, Vol. 22:2, Journal Of Intellectual Property Law Oct 2015

Table Of Contents, Vol. 22:2, Journal Of Intellectual Property Law

Georgia Journal of Law & Technology

No abstract provided.