Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (548)
- Entertainment, Arts, and Sports Law (67)
- Comparative and Foreign Law (44)
- Internet Law (34)
- Marketing Law (34)
-
- Computer Law (30)
- International Trade Law (27)
- Cultural Heritage Law (22)
- Antitrust and Trade Regulation (18)
- International Law (18)
- Courts (17)
- Food and Drug Law (14)
- Supreme Court of the United States (13)
- Judges (12)
- Transnational Law (12)
- Privacy Law (11)
- Consumer Protection Law (9)
- First Amendment (8)
- Indigenous, Indian, and Aboriginal Law (8)
- Labor and Employment Law (8)
- Law and Society (8)
- Contracts (6)
- Criminal Law (6)
- Health Law and Policy (6)
- Medical Jurisprudence (5)
- Military, War, and Peace (5)
- Property Law and Real Estate (5)
- Education Law (4)
Articles 151 - 180 of 550
Full-Text Articles in Intellectual Property Law
Dueling Interpretations: The Conflict Arising From Ptab’S Use Of Broadest Reasonable Interpretation For Claim Construction, 16 J. Marshall Rev. Intell. Prop. L. 134 (2016), Andrew Martin
UIC Review of Intellectual Property Law
Claim Construction is the first hurdle in patent litigation to invalidate a patent. Traditionally, federal courts have interpreted claims in their plain and obvious meaning to a person skilled in the art. But a new avenue through post-grant proceedings at the patent office, such as inter-partes review, has created a worrying trend of increased patent invalidation. This comment will explore the consequences of the higher rate of invalidation, proposals suggested to solve the problem, and the actions of those who exploit it.
Apis And Copyright Protection: The Potential Impact On Software Compatibility In The Programming Industry, 16 J. Marshall Rev. Intell. Prop. L. 153 (2016), Daria Vasilescu-Palermo
Apis And Copyright Protection: The Potential Impact On Software Compatibility In The Programming Industry, 16 J. Marshall Rev. Intell. Prop. L. 153 (2016), Daria Vasilescu-Palermo
UIC Review of Intellectual Property Law
In Oracle v. Google, the Federal Circuit set precedent when it decided to grant copyright protection to APIs. This comment examines the potential impact the computer programming industry will face now that APIs are deemed copyrightable. This comment also discusses Google s success in using fair use as an affirmative defense in order to use copyrightable APIs and what that means for the rest of the computer programming industry. Due to the fast-paced and ever-changing world of technology, this comment also proposes that the abstract-filtration-comparison test is the appropriate test to be used in determining API copyrightability if the issue …
The Examination Effect: A Comparison Of The Outcome Of Patent Examination In The Us, Europe And Australia, 16 J. Marshall Rev. Intell. Prop. L. 21 (2016), Andrew Christie, Chris Dent, John Liddicoat
The Examination Effect: A Comparison Of The Outcome Of Patent Examination In The Us, Europe And Australia, 16 J. Marshall Rev. Intell. Prop. L. 21 (2016), Andrew Christie, Chris Dent, John Liddicoat
UIC Review of Intellectual Property Law
The article provides an answer to a question that, rather surprisingly, has not been addressed in the academic literature to date: What is the practical effect of patent examination? It does so by undertaking an empirical analysis of the examination of nearly 500 patent applications, filed in identical form, in three patent offices: the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the Australian Patent Office (APO). By comparing the form of claim 1 as granted with claim 1 in the patent application, we can identify whether there is any meaningful difference between the two …
Flexibilities Under Trips: An Analysis Of The Proposal For Reforming Brazilian Patent Law, 15 J. Marshall Rev. Intell. Prop. L. 150 (2016), Roberto Romandini
Flexibilities Under Trips: An Analysis Of The Proposal For Reforming Brazilian Patent Law, 15 J. Marshall Rev. Intell. Prop. L. 150 (2016), Roberto Romandini
UIC Review of Intellectual Property Law
This article analyses the proposal for reforming the Brazilian patent system pending before the Brazilian Parliament as Bill No. 5402/13. The proposed legislation addresses such issues as the assumed insufficiency of the inventive step requirement in preventing unjustified “monopolies,” the proliferation of so-called secondary patents, and the extension of market exclusivity positions through strategic filings, which are being debated also in Europe and the U.S. The proposed legislation offers an example for possible actions in these critical areas of the patent system. In doing so, it puts forward options that depart from consolidated Western normative patterns. In analyzing the reform …
A Study On The Legality Of Royalty Collection Clauses After Expiration Of Patent Rights, 15 J. Marshall Rev. Intell. Prop. L. 213 (2016), Wei-Lin Wang
UIC Review of Intellectual Property Law
Whether a contract clause may permit a patent owner to continuously collect royalty payments from a licensee after the expiration of its patent rights is a highly controversial issue in practice. Some believe that because patent rights are a kind of monopoly granted by the government, it shall not be extended after expiration; otherwise, it shall be regarded as patent misuse and/or unfair competition as the case may be. Nonetheless, others believe that this kind of clause is actually beneficial to a licensee because the licensee is allowed to make royalty payments throughout the whole patent term and even after …
Issue Preclusion: The Effect B&B Hardware Will Have On Trademark Litigation, 15 J. Marshall Rev. Intell. Prop. L. 257 (2016), Lian Osier
UIC Review of Intellectual Property Law
Trademark issues are frequently litigated in the United States Patent and Trademark Office, yet circuits were previously divided on how much weight to give those decisions. The Supreme Court provided the answer. B&B Hardware v. Hargis Indus. held that in certain circumstances, the Trademark Trial and Appeal Board will have a preclusive effect on federal district courts. This comment looks at what effect this ruling will have on trademark litigation in district courts by examining the cases that caused the circuit split leading up to the Supreme Court’s decision.
The Invisible Defense Against Music Piracy, 15 J. Marshall Rev. Intell. Prop. L. 297 (2016), Paige Clark
The Invisible Defense Against Music Piracy, 15 J. Marshall Rev. Intell. Prop. L. 297 (2016), Paige Clark
UIC Review of Intellectual Property Law
Music piracy has continued to affect the music industry. Specifically, music-streaming service providers that thought they were protected, such as Spotify, have suffered from music piracy as a result of innovative illegal downloading websites. Music pirates have created illegal downloading websites that provide detailed and efficient ways to download and sync music from Spotify without paying for the premium services or membership fees. As a result, illegal downloading has had an adverse impact on various music-streaming service providers’ copyrights. To obtain protection and diminish music piracy and liability to music artists and labels, these music-streaming sites should give thought to …
Providing Copyright Protection To Real Estate Listings: Protecting Brokers, Sellers, And Consumers, 15 J. Marshall Rev. Intell. Prop. L. 318 (2016), Kathryn Robinson
Providing Copyright Protection To Real Estate Listings: Protecting Brokers, Sellers, And Consumers, 15 J. Marshall Rev. Intell. Prop. L. 318 (2016), Kathryn Robinson
UIC Review of Intellectual Property Law
In a technology-driven age, the Internet has changed how prospective homebuyers search for their new home. For many, a search on Google is the first step before hiring a broker or getting prequalified for a mortgage. Although the Internet is a powerful tool widely utilized by many, there has been a growing concern for managing and protecting the integrity of real estate listings. Data scraping of listing data has become problematic for the real estate industry; as a result, this has caused irreparable harm to everyone. This comment highlights the benefits of awarding copyright protection to all contents of the …
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
UIC Review of Intellectual Property Law
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …
Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline
UIC Review of Intellectual Property Law
No abstract provided.
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
UIC Review of Intellectual Property Law
No abstract provided.
Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016), Kevin Ray
UIC Review of Intellectual Property Law
The historical conditions under which indigenous (and specifically Native American) cultural heritage objects have been collected present tremendous difficulties, since collecting efforts were frequently influenced, or even directed, by racist or colonialist ideologies. Recent decades have seen efforts to redress past wrongs, as well as to correct misunderstandings and misrepresentations. The restitution and repatriation processes of the Native American Graves Protection and Repatriation Act of 1990, enacted as human rights legislation, provide powerful, but imperfect tools for the protection of Native American cultural heritage. The challenges are both domestic and international. Recent French auction sales of Hopi, Zuni, and Navajo …
Illusory Borders: The Myth Of The Modern Nation-State And Its Impact On The Repatriation Of Cultural Artifacts, 15 J. Marshall Rev. Intell. Prop. L. 486 (2016), Lubna El-Gendi
UIC Review of Intellectual Property Law
While the current world order of independent nation-states may seem like a natural state that has existed for centuries, in reality, it is a relatively new development that was forged after the demise of imperial rule. Yet, the nation-state is the foundational entity of our current international political and legal framework. International treaties and relations are structured around the nation-state, which is recognized as the core entity in which rights are vested and on which obligations are imposed. This prioritization of the nation-state leads to issues when we consider the repatriation of cultural heritage, particularly in light of the history …
Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, Sarah Dávila-Ruhaak
Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, Sarah Dávila-Ruhaak
UIC Review of Intellectual Property Law
Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It …
Amber Tears And Copyright Fears: The Inadequate Protection Of Cultural Heritage In The United States, 15 J. Marshall Rev. Intell. Prop. L. 543 (2016), Ingrida Latoza
UIC Review of Intellectual Property Law
The United States is comprised of many different cultural communities, each rich with expressions of language and custom. Cultural diversity promotes respect among individuals and harmonizes differences between communities—nationally and globally. Through the preservation of cultural heritage, diversity is maintained. Since World War II, with the exile of many from Lithuania, members of the Lithuanian-American community have strived to maintain the cultural heritage of their beloved homeland. After several decades, a Lithuanian-American cultural identity has developed, creating unique and individual traditions, adding to the cultural heritage of the United States as a whole. Most of the international community has adopted …
Let It Go? A Comparative Analysis Of Copyright Law And Enforcement In The United States Of America And China, 15 J. Marshall Rev. Intell. Prop. L. 584 (2016), Kevin Fleming
UIC Review of Intellectual Property Law
Cheap, knockoff designer items have flooded the streets of China for years. These products infringe on the copyrights of the manufacturers but are rarely enforced. China has attempted to revise their copyright laws to offer more protection to copyright owners, but this has not yet occurred. This comment examines two recent occurrences of copyrighted works in the United States of America being infringed upon in China. This comment examines the how a court or tribunal would rule applying American copyright law and Chinese Copyright law, while also examining the possible remedies that could result. This comment also proposes possible solutions …
The Art Of Food Placement: Will The U.S. Follow Germany's Lead In Copyrighting Artistic Food Placement?, 15 J. Marshall Rev. Intell. Prop. L. 565 (2016), Julianna Walo
UIC Review of Intellectual Property Law
Recently, German courts created groundbreaking precedent allowing copyright protection for the artistic placement of food on a plate. The rulings allow chefs to prohibit people from taking pictures of the copyrighted food placement. While Germany’s moral-based legal system allows for such copyright protections, this comment compares the U.S. legal system to that of Germany and examines if and how such copyright protection could extend to food placement in the U.S.
Open Source Paradigm: Beyond The Solution To The Software Patentability Debate, 15 J. Marshall Rev. Intell. Prop. L. 647 (2016), Giovanna Massarotto
Open Source Paradigm: Beyond The Solution To The Software Patentability Debate, 15 J. Marshall Rev. Intell. Prop. L. 647 (2016), Giovanna Massarotto
UIC Review of Intellectual Property Law
Around 300 BCE, a Greek mathematician, Euclid discovered a theorem on which modern geometry and a fundamental algorithm is based. Euclid’s theorem represents a method for calculating the greatest common divisors between two integers. Since 300 BCE, both Euclid’s Theorem and algorithm have been applied in many fields, including algebra and geometry. But what would have happened if Euclid’s Theorem had been patented? The issue is not whether we can continue to use Euclid’s Theorem without paying royalties, but if software and algorithms underlying the software are patentable. Although software is based on algorithms similar to the algorithm discovered by …
That Old Familiar Sting: Tattoos, Publicity, And Copyright, 15 J. Marshall Rev. Intell. Prop. L. 762 (2016), Matthew Parker
That Old Familiar Sting: Tattoos, Publicity, And Copyright, 15 J. Marshall Rev. Intell. Prop. L. 762 (2016), Matthew Parker
UIC Review of Intellectual Property Law
Tattoos have experienced a significant rise in popularity over the last several decades, and in particular an explosion in popularity in the 2000s and 2010s. Despite this rising popularity and acceptance, the actual mechanics of tattoo ownership and copyright remain very much an issue of first impression before the courts. A series of high-priced lawsuits involving famous athletes and celebrities have come close to the Supreme Court at times, but were ultimately settled before any precedent could be set. This article describes a history of tattoos and how they might be seen to fit in to existing copyright law, and …
Two Comparative Perspectives On Copyright’S Past And Future In The Digital Age, 15 J. Marshall Rev. Intell. Prop. L. 698 (2016), Timothy Armstrong
Two Comparative Perspectives On Copyright’S Past And Future In The Digital Age, 15 J. Marshall Rev. Intell. Prop. L. 698 (2016), Timothy Armstrong
UIC Review of Intellectual Property Law
This book review compares two recent titles on copyright law: THE COPYRIGHT WARS: THREE CENTURIES OF TRANS-ATLANTIC BATTLE by Peter Baldwin, and COPYFIGHT: THE GLOBAL POLITICS OF DIGITAL COPYRIGHT REFORM by Blayne Haggart. Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, each book occasionally reads as a critique of the other. Baldwin’s book places contemporary debates in a much deeper historical context, but in so doing overlooks some …
A Methodical Look At Divided Infringement, 15 J. Marshall Rev. Intell. Prop. L. 780 (2016), Katie Silikowski
A Methodical Look At Divided Infringement, 15 J. Marshall Rev. Intell. Prop. L. 780 (2016), Katie Silikowski
UIC Review of Intellectual Property Law
In Akamai Technologies v. Limelight, The Federal Circuit created a new type of multiple actor infringement called divided infringement. The divided infringement standard created by Akamai clashes with The Patent Act. It allows courts to increase the scope of method patents after an infringing act occurs, and it renders the concept of inducement of infringement unnecessary. This comment examines the evolution of the divided infringement standard up to Akamai and Eli Lilly Company v. Teva Parental Medicines, Inc, a case that applies the Akamai standard to a therapeutic method patent. It ultimately concludes that the solution to multiple actor infringement …
Damages Control: Returning Royalties To Their Reasonable Roots, 15 J. Marshall Rev. Intell. Prop. L. 827 (2016), Adam Friedman
Damages Control: Returning Royalties To Their Reasonable Roots, 15 J. Marshall Rev. Intell. Prop. L. 827 (2016), Adam Friedman
UIC Review of Intellectual Property Law
Calculating patent damages can be a costly and difficult process for litigants. Because of the requirement that damages not fall below a reasonable royalty, there has been substantial focus on how to determine what a reasonable royalty is. This article examines the history of the doctrine and the policies underlying its existence. Due to conflicting strains of the doctrine which serve distinct but separate policy goals, the article proposes that federal judges separate the two strains into distinct and independent bases for recovery. By doing this the courts will be able to expand and refine the two fundamentally different theories …
The New Ponzi Scheme: Bittorrent & Hardcore Pornography, 15 J. Marshall Rev. Intell. Prop. L. 799 (2016), Tiffany Alberty
The New Ponzi Scheme: Bittorrent & Hardcore Pornography, 15 J. Marshall Rev. Intell. Prop. L. 799 (2016), Tiffany Alberty
UIC Review of Intellectual Property Law
The purpose of this article is to shed light on the recent issues facing the ongoing BitTorrent copyright infringement litigation, by reflecting on district court decisions over the past ten years and analyzing two recent circuit court decisions. More specifically, this article focuses on how pornography trolls abuse the principles of copyright infringement by forcing John Doe litigants in BitTorrent to settle without fully exercising their right by trial. By using sociological tactics and pseudo-moral standards, these trolls coerce John Does to pay over thousands of dollars in settlement out of embarrassment and fear for watching the pornography that these …
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
UIC Review of Intellectual Property Law
Recent advances in biotechnology have given researchers the ability to comprehensively examine the genetic basis of disease in unprecedented ways and will undoubtedly result in many new and valuable gene based diagnostic assays in the near future. These advances came during a period of roughly thirty years during which the patent eligibility of such assays was essentially unquestioned. Then, beginning in 2010, the Supreme Court embarked on a series of decisions that will, in almost all cases, preclude the patenting of diagnostic assays that rely on genetic mutations or gene expression patterns. This article suggests that reason that the issue …
Automatic Discovery Of Prior Art: Big Data To The Rescue Of The Patent System, 16 J. Marshall Rev. Intell. Prop. L. 44 (2016), Amir Khoury, Ron Bekkerman
Automatic Discovery Of Prior Art: Big Data To The Rescue Of The Patent System, 16 J. Marshall Rev. Intell. Prop. L. 44 (2016), Amir Khoury, Ron Bekkerman
UIC Review of Intellectual Property Law
In this research, we offer a fresh approach as to determining prior art. We do this by using Big Data methods. More specifically, we apply a model which constructs the semantic space of patents, in which all published patents and patent applications are arranged according to semantic similarities between each other. Our model provides a clear indication of how closely patents stand in relation to existing technologies, which we refer to as Near Inventions (“NI”). Our model exposes a certain level of deficiency when it comes to the disclosure, by patent applicants, of NIs. One conclusion which we draw from …
The Great Decentralization: How Web 3.0 Will Weaken Copyrights, 15 J. Marshall Rev. Intell. Prop. L. 136 (2015), Nick Vogel
UIC Review of Intellectual Property Law
Bitcoin’s popularity increased as its value increased and people became excited about the prospect of a trustless, decentralized currency that could be used on the Internet. Within the last two years, however, people and organizations began exploiting the potential of the block chain that powers the bitcoin network. These people realized that the block chain—a transparent public ledger that cannot be altered—can be used for more than digital currency. One such organization calls itself Ethereum and its developers plan to use block chains to allow decentralized autonomous applications to operate free of government censorship or corruption. While such a network …
Parody In Trademark Law: Dumb Starbucks Makes Trademark Law Look Dumb, 14 J. Marshall Rev. Intell. Prop. L. 143 (2015), Deborah Kemp, Lynn Forsythe, Ida Jones
Parody In Trademark Law: Dumb Starbucks Makes Trademark Law Look Dumb, 14 J. Marshall Rev. Intell. Prop. L. 143 (2015), Deborah Kemp, Lynn Forsythe, Ida Jones
UIC Review of Intellectual Property Law
Comedian Nathan Fielder opened a coffee shop which looked like a Starbucks, but he put the word “dumb” in front of the Starbucks name. Fielder justified his behavior based on the argument that he had created a parody of Starbucks. This article explores when a parody of a trademark may be entitled to protection under the First Amendment. If so, what are the limits of this protection, especially when a trademark holder argues that the parody is diluting his or her trademark by either blurring or tarnishment? The article analyzes federal statutes and judicial decisions. It concludes with recommendations to …
Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?, 14 J. Marshall Rev. Intell. Prop. L. 326 (2015), Susanna Frederick Fischer
Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?, 14 J. Marshall Rev. Intell. Prop. L. 326 (2015), Susanna Frederick Fischer
UIC Review of Intellectual Property Law
This paper considers the extent to which federal moral rights law protects authorized graffiti and aerosol art against destruction, in the context of the controversy over the destruction of 5Pointz. 5Pointz, a sprawling complex of warehouse buildings in Queens, was a Mecca for aerosol art. The buildings’ owners ordered the demolition of 5Pointz after the November 2013 order by New York federal district judge Frederic Block denying the artists a preliminary injunction to stop destruction under the federal moral rights statute, the Visual Artists Rights Act (VARA). This paper argues that Judge Block erred in finding that the transient nature …
The Remains Of Laches In Copyright Infringement Cases: Implications Of Petrella V. Metro-Goldwyn-Mayer, 14 J. Marshall Rev. Intell. Prop. L. 432 (2015), Daniel Brainard
The Remains Of Laches In Copyright Infringement Cases: Implications Of Petrella V. Metro-Goldwyn-Mayer, 14 J. Marshall Rev. Intell. Prop. L. 432 (2015), Daniel Brainard
UIC Review of Intellectual Property Law
Common law equitable doctrines are fundamentally at odds with modern statutes of limitations. While modern copyright courts found new ways to allow laches and the Copyright Act’s three year statute of limitations to coexist, the foundation for doing so was significantly weakened. The Supreme Court in Petrella v. Metro-Goldwyn-Mayer restricted the use of laches as a defense to copyright infringement to only extraordinary circumstances and provided two Circuit Court cases as demonstrating examples of laches for future use. In actuality, however, it appears the Supreme Court and Circuit Courts failed to analyze the facts in depth and ended up rendering …
The U.S. And Russian Patent Systems: Recent Amendments And Global Implications For The Protection Of Intellectual Property Rights, 14 J. Marshall Rev. Intell. Prop. L. 504 (2015), Elena Beier, Anne Wright Fiero
The U.S. And Russian Patent Systems: Recent Amendments And Global Implications For The Protection Of Intellectual Property Rights, 14 J. Marshall Rev. Intell. Prop. L. 504 (2015), Elena Beier, Anne Wright Fiero
UIC Review of Intellectual Property Law
Recent legislative and geo-political activity might suggest little common ground between the United States and Russia. The respective intellectual property laws of these two countries, however, share many common goals. In fact, as reflected in the Report of the Innovation Working Group of the Russia-US Bilateral Presidential Commission (initiated by the Ministry of Economic development of the Russian Federation and U.S. Department of State), the two countries are trending towards cooperative intellectual property legislation. This article compares U.S. and Russian patent laws, with a particular emphasis on recent amendments in the areas of inventorship, prior art, and technology transfers. It …