Intellectual Property Law Commons^™

Creating Consumer Confidence Or Confusion? The Role Of Product Certification In The Market Today, Mark R. Barron

Marquette Intellectual Property Law Review

Product conformity assessment system changes in various countries have impacted the role of certification marks. The author explores whether the perceived value of product certification marks can sustain their high costs. The author further emphasizes the need, from both economic and legal perspectives, for manufacturers to implement global compliance strategies to ensure compliance with applicable regulations, selection of proper certification marks, and an efficient path through the conformity assessment process.

Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll

Working Paper Series

In eBay v. MercExchange, the Supreme Court correctly rejected a one-size-fits-all approach to patent injunctions. However, the Court's opinion does not fully recognize that the problem of uniformity in patent law is more general and that this problem cannot be solved through case-by-case analysis. This Essay provides a field guide for implementing eBay using functional analysis and insights from a uniformity-cost framework developed more fully in prior work. While there can be no general rule governing equitable relief in patent cases, the traditional four factor analysis for injunctive relief should lead the cases to cluster around certain patterns that often …

Intellectual Property, Laurence P. Colton, Nigamnarayan Acharya, John C. Bush

Mercer Law Review

This Article surveys case law developments relevant to Georgia in the area of intellectual property during the period from January 1, 2006 to December 31, 2006. Intellectual property law comprises several discrete yet overlapping areas of law. The four primary areas of intellectual property law are patent law, trademark law, copyright law, and trade secret law. Because patent law and copyright law are provided for in the United States Constitution, these decisions are based in federal law and are litigated in federal courts. Trademark law and trade secret law have both federal and state aspects, and the cases regarding these …

That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law, Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi

Articles

No abstract provided.

The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going, Robert B. Ahdieh, Zhu Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis

Faculty Scholarship

The focus of this panel is incrementally shifting from the previous panel. Whereas the previous was looking at public/private issues and issues relating to incentivizing innovation in the subject countries, we're going to take a focus more on, I think it's safe to say, from an external perspective looking at these countries and issues that are confronted by businesses who our either planning to deal with the four subject countries or are concerned about their technologies being used in their four subject countries.

We have four panelists, and each of them is going to speak to one of the four …

Ten Common Questions About Intellectual Property And Human Rights, Peter K. Yu

Faculty Scholarship

With the continuous expansion of intellectual property rights, there is a growing need for the development of a human rights framework for intellectual property rights. Such a framework is not only socially beneficial, but will enable the development of a balanced intellectual property system that takes human rights obligations into consideration. Developing such a framework, however, is not easy and has raised many difficult questions. Some of these questions are foundational, some of them conceptual, and the remainder merely implementational.

This article tackles in turn ten questions the author has frequently encountered when he discusses the development of a human …

The Protection Of Databases, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

In Parts I and II of this Paper, the author analyzes the legal protection of databases first in international treaties, in particular the Berne Convention and the WTO TRIPS Agreement, and second under national and regional copyright, sui generis, or other (e.g., tort) law in Europe (both the European Directive on the legal protection of databases of 1996, which was under review, and a number of relevant national laws), the United States, and a number of foreign jurisdictions (Australia, Canada, China, Nigeria, Russia, and Singapore). In Part III, the author provides a critical analysis of the effort to expand the …

Pretty Woman Meets The Man Who Wears The Star: Fair Use After Campbell V. Acuff-Rose Music And American Geophysical Union V. Texaco, Anne E. Forkner, James S. Heller, Patrick F. Speice Jr.

Library Staff Publications

No abstract provided.

Maintaining Competition In Copying: Narrowing The Scope Of Gene Patents, Oskar Liivak

Cornell Law Faculty Publications

In supporting gene patents, the patent office, the courts and other supporters have assumed that gene discoveries are identical to traditional inventions and therefore the patent system should treat them as identical. In other words, they have assumed that the relatively broad claims that are used for traditional inventions are also appropriate for encouraging gene discovery. This article examines this assumption and finds that gene discoveries are critically different from traditional inventions and concludes that the patent system cannot treat them as identical.

As a doctrinal matter, this article applies the generally overlooked constitutional requirements of inventorship and originality and …

Draft Of Fair Use And Face-To-Face Bargaining - 2007, Wendy J. Gordon

Scholarship Chronologically

Alex has a ten-year-old cassette of a favorite movie. Unfortunately, she does not have a video cassette player. She wants to copy the movie onto her iPod. To do this, she borrows a VCR from a friend, runs a cable to a video capture port on my computer, reformats the file into something the iPod can read, and sends the file to the iPod, which she will use to watch the movie in the future. After the file is securely on the iPod, she will delete all records of the movie from my computer. Destroy the original VHS copy seems …

This Town Ain’T Big Enough For The Both Of Us—Or Is It? Reflections On Copyright, The First Amendment And Google’S Use Of Others’ Content, David Kohler

Duke Law & Technology Review

Using a variety of technological innovations, Google became a multi-billion dollar content-delivery business without owning or licensing much of the content that it uses. Google’s principal justification for why this strategy does not contravene the intellectual property rights of the copyright owners is the doctrine of fair use. However, over the last several years, some copyright owners began to push back and challenge Google’s strategy. Much of this litigation presents the courts with something of a conundrum. On the one hand, it is beyond dispute that Google’s services have great social utility. By organizing and making accessible an enormous volume …

Patent Rights Under Foss Licensing Schemes, Shaobin Zhu

Washington Journal of Law, Technology & Arts

Free/Open Source Software (“FOSS”) licenses generally give developers and users the freedom to run software for any purpose, to study and modify software, and to redistribute copies of either the original or the modified software without paying royalties to previous developers. The FOSS community is facing increasing threats from software patents, especially from entities outside the FOSS community. This Article discusses patent rights under FOSS licenses, including the GNU General Public License (“GPL”) 2.0 and draft 3.0, the Apache License and the Mozilla Public License (“MPL”). It also addresses how current GPL draft 3.0 attempts to reconcile the conflict between …

What's Wrong With The Patent System? Fuzzy Boundaries And The Patent Tax, James Bessen, Michael J. Meurer

Faculty Scholarship

The annual number of patent lawsuits filed in the U.S. has roughly tripled from 1970 to 2004. The number of suits was more or less steady in the 1970s, climbed slowly in the 1980s, and exploded in the 1990s. Why? The usual answers point to (1) the growth of the “new economy” and the concomitant explosion of patenting, (2) the failure of the Patent Office to reject patents on old or obvious inventions, or (3) the rise of the patent troll. There is an element of truth in all these answers, but even collectively they do a poor job explaining …

That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Ksr V. Teleflex: The Non-Obviousness Requirement Of Patentability, John Richards, Herbert F. Schwartz, Steven L. Lee, John R. Thomas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

No Refills: The Intellectual Property High Court Decision In Canon V. Recycle Assist Will Negatively Impact The Printer Ink Cartridge Recycling Industry In Japan, Scott M. Tobias

Washington International Law Journal

In its decision in Canon v. Recycle Assist, the Japanese Intellectual Property High Court held that Recycle Assist had infringed on Canon’s patent for a printer ink cartridge by importing used Canon cartridges that had been cleaned and refilled with ink by a third party. The court found that the third party had modified essential elements of Canon’s patented ink cartridge, and therefore the modifications constituted not permissible repair, but infringing and impermissible remanufacture. The court defined essential elements as those intended to solve the technical problems present in similar, prior inventions. Unfortunately, the court failed to define clearly …

Geographical Indications: The Current Landscape., Lynne Beresford

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Gender Equality In High School Sports: Why There Is A Contact Sport Exemption To Title Ix, Eliminating It, And A Proposal For The Future., Blake J. Furman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright: Robertson V Thomson, Margaret Ann Wilkinson

Law Presentations

Members of the CLA Copyright Working Group will provide an update on both the Robertson vs. Thomson Corporation Supreme Court Judgment and the expected copyright legislation, as well as their implications for libraries of all kinds. In addition to analyzing the implications of both the recent Supreme Court Judgment and the proposed copyright legislation, time will be provided to answer copyright questions from the audience.

U.S. Patent Literature Survey Of Agrobacterium-Mediated Transformation Of Sweet Potato (Ipomoea Batatas), Jon R. Cavicchi, Stanley P. Kowalski, J. Jaya Murthy, Rahul R. Vartak

Law Faculty Scholarship

A team of researchers and patent information scientists at Franklin Pierce Law Center were asked to evaluate the patent and literature landscape related to the Agrobacterium-mediated transformation in sweet potato with respect to the U.S. patents and patent applications. This report provides a patent landscape of the Agrobacterium-mediated transformation of sweet potato. The report includes the applicable methods of transformation and has also included certain patents and patent applications which claim a transformed plant by virtue of these methods. In certain cases, the claim structure covers Agrobacterium-mediated transformation technology via system and composition of matter claims and not the more …

Bollywood Is Coming! Copyright And Film Industry Issues Regarding International Film Co-Productions Involving India, Timm Neu

Cornell Law School J.D. Student Research Papers

The Indian film industry produces more movies than any other and is characterized as being on the threshold of emerging as a big market internationally with an expected growth rate of close to 20% per year. Its regulatory and legal mechanisms are developing rapidly to keep pace. This article is dedicated to the Indian film industry and its international potential. It analyzes the copyright aspects of film co-productions involving India and compares the characteristics of the national film industries of Germany, the U.S. and especially India (Bollywood) from a legal perspective. It points to key copyright issues in the field …

Process Patents: Hearing Before The S. Comm. On The Judiciary, 110th Cong., May 1, 2007 (Statement Of John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

Illinois Tool Works Inc. V. Independent Ink, Inc.: The Intersection Of Patent Law And Antitrust Law In The Context Of Patent Tying Arrangements, Tiffany L. Williams

Mercer Law Review

It is increasingly common for businesses to sell products that are protected by a patent. But what happens when the company markets a bundle of products where some products are protected by patents, but others are not? Under well-settled antitrust jurisprudence, such marketing typically would raise antitrust concerns as a tying arrangement only where there are at least two separate products, the company has market power over one of the products, and the company requires that customers buy one or more additional products as part of a bundle.

In Illinois Tool Works Inc. v. Independent Ink, Inc., the United …

Should Patent Infringement Require Proof Of Copying?, Mark A. Lemley

Michigan Law Review

Patent infringement is a strict liability offense. Patent law gives patent owners not just the right to prevent others from copying their ideas, but the power to control the use of their idea--even by those who independently develop a technology with no knowledge of the patent or the patentee. This is a power that exists nowhere else in intellectual property (IP) or real property law, but it is a one that patentees have had, with rare exceptions, since the inception of the Republic. In an important paper in the Michigan Law Review, Samson Vermont seeks to change this, arguing …