Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Intellectual Property (3)
- Development (2)
- Innovation (2)
- Intellectual property (2)
- Resource Curse (2)
-
- Technology Transfer (2)
- 3D Printing (1)
- Alliance for Progress (1)
- Art (1)
- Barbie (1)
- Blockchain (1)
- CAD files (1)
- CAFC (1)
- Capacity Building (1)
- Certainty (1)
- Commodity Dependence (1)
- Congress (1)
- Copyright (1)
- Defense (1)
- Digital Sampling; Copyright Law; de minimis doctrine; patent law (1)
- District court (1)
- Eisenhower (1)
- Empirical (1)
- En banc (1)
- Failed States (1)
- Federal Circuit (1)
- Formalism (1)
- Forum shopping (1)
- Gender equality (1)
- Gender roles (1)
Articles 1 - 8 of 8
Full-Text Articles in Intellectual Property Law
A Global Perspective On Digital Sampling, Loren Mulraine
A Global Perspective On Digital Sampling, Loren Mulraine
Law Faculty Scholarship
The state of the law in the United States is complicated by the fact that the de minimis doctrine is, and has been a muddled doctrine. Copyright law and patent law allow future authors and inventors to build upon the works of previous rights holders. In the patent world, the new work must be a non-obvious improvement on the original patent. In copyright, the key is that the secondary user cannot take a substantial portion of the prior author's copyrightable expression. There is no infringement without substantial similarity. By definition, a de minimis taking is the polar opposite of substantial …
Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski
Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski
Law Faculty Scholarship
The refugee crisis at the US Southern Border is due to multiple compounding factors: Latin America’s over-reliance on commodities, failure to economically diversify to innovation, and a lack of coherent US strategic engagement with the region. The situation is hemispheric; imploding states and a serious humanitarian calamity loom ever larger on the southern horizon. Since this represents a long-term problem requiring strategic and sustainable development initiatives, a new Alliance for Progress for the 21st Century is proposed which will build partnerships to advance innovation-driven development across the region.
Data Scams, Roger Allan Ford
Data Scams, Roger Allan Ford
Law Faculty Scholarship
Targeting platforms like Google and Facebook are usually seen as presenting tradeoffs between utility and privacy. This Article identifies and describes a different, non-privacy cost of targeting platforms: they make it easier for malicious actors to scam others. They do this by making it easier for scammers to reach the most promising victims, hide from law-enforcement authorities and others, and develop better scams. Technology offers potential solutions, since the same data and targeting tools that enable scams could help detect and prevent them, though neither platforms nor law-enforcement officials have both the incentives and expertise needed to develop and deploy …
Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow
Law Faculty Scholarship
[excerpt] "This review essay reflects upon two of the central claims of [Orly Lobel's book] You Don't Own Me: first, that when companies put their energy and resources into intellectual property litigation rather than innovation, it is a strategy that is likely to fail; and second, that Barbie is a 'lead icon' in the disconnect between women pushing for general equality and those who prefer traditional gender roles for women."
Panel 2: Art Law And Blockchain, Tonya M. Evans, Derek Fincham, Katya Fisher, Jeanne L. Schroeder
Panel 2: Art Law And Blockchain, Tonya M. Evans, Derek Fincham, Katya Fisher, Jeanne L. Schroeder
Law Faculty Scholarship
Panel presentation on Art Law and Blockchain at 2019 AELJ Spring Symposium: Digital Art & Blockchain.
Establishing Appropriate Best Practices In Intellectual Property Management And Technology Transfer In The United Arab Emirates: Building Human Capital, Global Networks And Institutional Infrastructure To Drive Sustainable Knowledge-Based, Innovation-Driven Development, Stanley Kowalski
Law Faculty Scholarship
Best practices (BP) are integral to national and international IP law, practice, and management. For the United Arab Emirates (UAE) to build, foster, and sustain globally-networked knowledge-based, innovation-driven, economic development in the 21st century, a suite of internationally-standardized BP in intellectual property (IP) management, technology transfer and information analysis will be necessary. For the UAE, and the other GCC states, appropriate and applicable BP will be critical to diversify from commodity over-dependence (petroleum) towards nationally, regionally and globally interconnected innovation ecosystems. Therefore, strategically building human capital, institutions, institutional infrastructure and global networks which will be required for UAE to leapfrog …
3d Printing And U.S. Copyright Law, Ryan G. Vacca, Peter S. Menell
3d Printing And U.S. Copyright Law, Ryan G. Vacca, Peter S. Menell
Law Faculty Scholarship
This article explores how 3D printing fits within US copyright law. US copyright law provides a well-developed general framework for the protection of creative designs, whether fixed in CAD files or 3D objects. Enforcement of copyright protection in this industry faces some of the same challenges encountered by other content industries whose works were disrupted by the digital revolution. Nonetheless, 3D printing brings distinctive issues. Although grounded in statute, US copyright law has a rich common law tradition that affords courts significant leeway in adapting doctrines to new and unforeseen technological developments. This capacity is reinforced by the range of …
The Federal Circuit As An Institution, Ryan G. Vacca
The Federal Circuit As An Institution, Ryan G. Vacca
Law Faculty Scholarship
The Court of Appeals for the Federal Circuit is a unique institution. Unlike other circuit courts, the Federal Circuit’s jurisdiction is bound by subject area rather than geography, and it was created to address a unique set of problems specific to patent law. These characteristics have affected its institutional development and made the court one of the most frequently studied appellate courts. This chapter examines this development and describes the evolving qualities that have helped the Federal Circuit distinguish itself, for better or worse, as an institution.
This chapter begins with an overview of the concerns existing before creation of …