Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (75)
- Entertainment, Arts, and Sports Law (72)
- Internet Law (40)
- Computer Law (35)
- Communications Law (23)
-
- Comparative and Foreign Law (17)
- Privacy Law (16)
- Courts (15)
- International Law (14)
- Antitrust and Trade Regulation (13)
- Law and Economics (13)
- Constitutional Law (11)
- International Trade Law (11)
- Food and Drug Law (10)
- Life Sciences (10)
- Jurisprudence (9)
- First Amendment (8)
- Administrative Law (7)
- Consumer Protection Law (7)
- Property Law and Real Estate (7)
- Social and Behavioral Sciences (7)
- Business (6)
- Legislation (6)
- Supreme Court of the United States (6)
- Business Organizations Law (5)
- Engineering (5)
- Law and Gender (5)
- Medicine and Health Sciences (5)
- Institution
-
- UIC School of Law (37)
- University of Michigan Law School (29)
- Yeshiva University, Cardozo School of Law (29)
- Fordham Law School (26)
- Northwestern Pritzker School of Law (26)
-
- Duke Law (19)
- American University Washington College of Law (18)
- UC Law SF (18)
- Vanderbilt University Law School (17)
- Marquette University Law School (14)
- University of New Hampshire (13)
- University of Richmond (13)
- Chicago-Kent College of Law (12)
- University of Washington School of Law (12)
- Schulich School of Law, Dalhousie University (11)
- Boston University School of Law (10)
- Georgetown University Law Center (10)
- Seattle University School of Law (10)
- BLR (9)
- Maurer School of Law: Indiana University (9)
- University of Georgia School of Law (9)
- Columbia Law School (7)
- William & Mary Law School (7)
- Texas A&M University School of Law (6)
- University of Colorado Law School (6)
- Santa Clara Law (5)
- University of Maryland Francis King Carey School of Law (5)
- Villanova University Charles Widger School of Law (5)
- Case Western Reserve University School of Law (4)
- New York Law School (4)
- Keyword
-
- Copyright (59)
- Intellectual property (51)
- Licensing (37)
- Infringement (36)
- Technology (31)
-
- Patent (29)
- Law (28)
- Legal (27)
- Journal (25)
- NJTIP (25)
- Northwestern Journal of Technology and Intellectual Property (25)
- Northwestern University (25)
- IP infringement (24)
- IP protection (24)
- Intellectual property assets (24)
- Management (24)
- Managing intellectual property (24)
- Perspective (24)
- Value of IP (24)
- Patents (23)
- Infringers (21)
- Intellectual property protection (21)
- Patent law (21)
- Trademark (19)
- Copyright law (18)
- Fair use (18)
- Internet (15)
- Patent system (15)
- Kellogg School of Business (14)
- Software (14)
- Publication
-
- Faculty Scholarship (37)
- UIC Review of Intellectual Property Law (31)
- Northwestern Journal of Technology and Intellectual Property (25)
- Fordham Intellectual Property, Media and Entertainment Law Journal (23)
- Cardozo Arts & Entertainment Law Journal (17)
-
- Michigan Telecommunications & Technology Law Review (15)
- UC Law SF Communications and Entertainment Journal (15)
- Marquette Intellectual Property Law Review (14)
- American University Journal of Gender, Social Policy & the Law (12)
- Canadian Journal of Law and Technology (11)
- Law Faculty Scholarship (11)
- Chicago-Kent Journal of Intellectual Property (10)
- Faculty Publications (10)
- Articles (9)
- Duke Law & Technology Review (9)
- Vanderbilt Journal of Entertainment & Technology Law (9)
- ExpressO (8)
- Seattle University Law Review (8)
- Articles by Maurer Faculty (7)
- Georgetown Law Faculty Publications and Other Works (7)
- Richmond Journal of Law & Technology (6)
- Scholarly Works (6)
- All Faculty Scholarship (5)
- Law Faculty Publications (5)
- Michigan Law Review (5)
- Publications (5)
- Rosetta Stone v. Google (Joint Appendix) (5)
- Scholarship Chronologically (5)
- Cardozo Law Review (4)
- Michigan Law Review First Impressions (4)
- Publication Type
Articles 91 - 120 of 450
Full-Text Articles in Intellectual Property Law
The Safe Harbor Of 35 U.S.C. § 271(E)(1): The End Of Enforceable Biotechnology Patents In Drug Discovery?, Paul T. Nyffeler
The Safe Harbor Of 35 U.S.C. § 271(E)(1): The End Of Enforceable Biotechnology Patents In Drug Discovery?, Paul T. Nyffeler
University of Richmond Law Review
No abstract provided.
Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli
Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli
Washington Law Review
In its 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that the Eleventh Amendment protected states from suit for patent infringement, effectively making state universities immune from intellectual property suits. This Article analyzes how the Florida Prepaid decision affects researchers at state universities, and how those researchers may avoid liability under existing law. It first concludes that researchers at state universities might still be subject to injunctions against future infringement. The Article next observes that individual researchers at state universities might also face personal liability for damages, but then suggests …
Here There Be Pirates: How China Is Meeting Its Ip Enforcement Obligations Under Trips, Kate Colpitts Hunter
Here There Be Pirates: How China Is Meeting Its Ip Enforcement Obligations Under Trips, Kate Colpitts Hunter
San Diego International Law Journal
This paper will examine whether China is meeting its obligations to protect IP rights under the TRIPS agreement, an international intellectual property trade agreement China acceded to upon joining the World Trade Organization (WTO). Moreover, it will address whether China's increased IP protection in law equals increased protection in fact. Part II will describe China's legal structure, its TRIPS obligations upon joining the WTO, and China's IP laws. Part III will discuss China's enforcement of these IP laws from the perspective of developed nations and from China's own perspective. Part IV includes suggestions on how China can improve its enforcement …
Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli
Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli
Washington Law Review
In its 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that the Eleventh Amendment protected states from suit for patent infringement, effectively making state universities immune from intellectual property suits. This Article analyzes how the Florida Prepaid decision affects researchers at state universities, and how those researchers may avoid liability under existing law. It first concludes that researchers at state universities might still be subject to injunctions against future infringement. The Article next observes that individual researchers at state universities might also face personal liability for damages, but then suggests …
Federal Rule 50: Medium Rare Application? Unitherm Food Systems, Inc. V. Swift-Eckrich, Inc., Leslie Eanes
Federal Rule 50: Medium Rare Application? Unitherm Food Systems, Inc. V. Swift-Eckrich, Inc., Leslie Eanes
Mercer Law Review
The year 2006 marked a historical year for the now seventy-year-old Federal Rule of Civil Procedure 50. In addition to an overhaul of the statutory language, which, absent contrary congressional action, became codified December 1, 2006, the Supreme Court issued its landmark opinion in Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc. In what seems to be a straightforward procedural dictate from the High Court, Unitherm has actually resulted in confusion among federal circuits anxious to follow its precedent.
Protecting Fair Use With Fogerty: Toward A New Dual Standard, John A. Fonstad
Protecting Fair Use With Fogerty: Toward A New Dual Standard, John A. Fonstad
University of Michigan Journal of Law Reform
Copyright law exists to promote the progress of art and science. It achieves this by balancing limited grants of rights to authors against public access to works. However, copyright holders have upset this balance and tilted the law in their favor One cause of this phenomenon is that the benefit of public access to works is diffused throughout the entire public while the benefit of rights in works is concentrated in the copyright holder. This problem is especially prevalent in the context of litigation where copyright holders (plaintiffs) often stand to gain more through victory than copyright users (defendants). As …
The Patent Reform Act Of 2007: Hearing Before The Subcomm. On Courts, The Internet, And Intellectual Property Of The H. Comm. On The Judiciary, 110th Cong., April 26, 2007 (Statement Of John R. Thomas, Geo. U. L. Center), John R. Thomas
Testimony Before Congress
No abstract provided.
Freedom-To-Operate In The Crop Sciences: Procedure, Stanley P. Kowalski
Freedom-To-Operate In The Crop Sciences: Procedure, Stanley P. Kowalski
Law Faculty Scholarship
Freedom to operate (FTO) is the ability to proceed with research, development and commercialization of a crop science product, while fully accounting for any potential risks of infringing activity, that is, whether a product can be made, used, sold, offered for sale, or exported, with a minimal risk of infringing the unlicensed intellectual property rights (IPRs) or tangible property rights (TPRs) of another. An FTO analysis begins with the ‘FTO team’ systematically dissecting the crop science product into the components, combination of components, processes and germplasm that went into its research and development. This is followed by generating a series …
Walking The Line: Why The Presumption Against Extraterritorial Application Of U.S. Patent Law Should Limit The Reach Of 35 U.S.C. § 271(F), Jennifer Giordano-Coltart
Walking The Line: Why The Presumption Against Extraterritorial Application Of U.S. Patent Law Should Limit The Reach Of 35 U.S.C. § 271(F), Jennifer Giordano-Coltart
Duke Law & Technology Review
The advent of the digital era and the global market pose unique challenges to intellectual property law. To adapt, U.S. patent laws require constant interpretation in the face of rapidly changing technological advances. In AT&T Corp. v. Microsoft Corp., the Federal Circuit interpreted 35 U.S.C. § 271(f) in a technology-dependent manner in order to effectuate the purpose of the law with respect to global software distribution. However, the Federal Circuit failed to consider the presumption against extraterritorial application of U.S. law, and its decision now risks international discord and harm not only to the American software industry, but other U.S. …
Digitized Book Search Engines And Copyright Concerns, Ari Okano
Digitized Book Search Engines And Copyright Concerns, Ari Okano
Washington Journal of Law, Technology & Arts
Internet companies, libraries, and archives increasingly are digitizing literary information and providing access to digitized content through Internet search engines. This Article compares digital book search engines from Google, Yahoo!, Amazon.com, and MSN and highlights the different approaches to each of these models. In the fall of 2005, two copyright infringement lawsuits were filed against Google for their new search engine, Google Book Search. At issue in both lawsuits is a component of Google Book Search, Google’s Library Project, through which Google is digitizing the entire library content—including copyrighted material—of the University of Michigan library. This Article examines the limits …
Cases In Wake Of Dastar V. Twentieth Century Fox Continue To Narrow The Scope Of A "Reverse Passing Off" Claim, Jared Barrett
Cases In Wake Of Dastar V. Twentieth Century Fox Continue To Narrow The Scope Of A "Reverse Passing Off" Claim, Jared Barrett
Washington Journal of Law, Technology & Arts
In 2003, the United States Supreme Court decided Dastar Corp. v. Twentieth Century Fox Film Corp., narrowing the scope of protection under the federal Lanham Act for “reverse passing off.” “Reverse passing off” is derived from the statutory language in § 43(a) of the Lanham Act prohibiting a “false designation of origin” that is likely to cause consumer confusion and generally occurs where one company puts forth another company’s product as its own. A “reverse passing off” claim was also thought to be feasible against one who misrepresented the source of the creative or communicative work embodied in a …
L'Affaire Xm Satellite Radio: La Légalité Des Appareils Qui Enregistrent La Radio Par Satellite, René Pépin
L'Affaire Xm Satellite Radio: La Légalité Des Appareils Qui Enregistrent La Radio Par Satellite, René Pépin
Canadian Journal of Law and Technology
Aux Etats-Unis, la radio par satellite existe depuis le nouveau millénaire. Mais les compagnies qui œuvrent dans ce domaine font face depuis 2006 a des poursuites devant les tribunaux par les grandes compagnies de disques. Elles paient pourtant les tarifs convenus avec les entreprises qui s’occupent de gestion collective des droits d’auteur sur les disques. Le probleme vient du fait que depuis leur entrée en ondes, des progrès technologiques leur permettent d’offrir à leurs abonnés des appareils qui sont bien plus polyvalents qu’un simple appareil radio récepteur. Les nouveaux modèles peuvent enregistrer plusieurs heures d'émissions, et ils peuvent transmettre à …
Creative Commons As Conversational Copyright, Michael W. Carroll
Creative Commons As Conversational Copyright, Michael W. Carroll
Working Paper Series
Copyright law's default settings inhibit sharing and adaptation of creative works even though new digital technologies greatly enhance individuals' capacity to engage in creative conversation. Creative Commons licenses enable a form of conversational copyright through which creators share their works, primarily over the Internet, while asserting some limitation on user's right with respect to works in the licensed commons. More specifically, this chapter explains the problems in copyright law to which Creative Commons licenses respond, the methods chosen, and why the machine-readable and public aspects of the licenses are specific examples of a more general phenomenon in digital copyright law …
Vietnam Patent Law: Substantive Law Provisions And Existing Uncertainties, Nguyen Nguyet Dzung
Vietnam Patent Law: Substantive Law Provisions And Existing Uncertainties, Nguyen Nguyet Dzung
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Sui Generis Database Protection: Second Thoughts In The European Union And What It Means For The United States, Philip J. Cardinale
Sui Generis Database Protection: Second Thoughts In The European Union And What It Means For The United States, Philip J. Cardinale
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Intellectual Property For The Botanist And The Plant Breeder: An Overview Of Protection Afforded By Plant Patents And Plant Variety Protection Certificates, Scott D. Locke
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Unplugged: The Music Industry's Approach To Rolling Contracts On Music Cds, Nika Aldrich
Unplugged: The Music Industry's Approach To Rolling Contracts On Music Cds, Nika Aldrich
Chicago-Kent Journal of Intellectual Property
No abstract provided.
"By Night She Fought For Fair Use": Restoring The Integrity Of Copyright Law, One Comic-Book Reader At A Time, Jessica Sawyer Wang
"By Night She Fought For Fair Use": Restoring The Integrity Of Copyright Law, One Comic-Book Reader At A Time, Jessica Sawyer Wang
Michigan Law Review
Students of copyright law quickly learn that the subject is counterintuitive. One of the first revelations of this is-somewhat alarmingly-the purpose of copyright itself. Contrary to popular belief, copyright is not just about protecting an artist's creation, but sharing it. Simultaneously protecting a work and sharing it helps to fulfill the Constitution's mandate that Congress "promote the Progress of Science ... by securing for limited Times to Authors ... the exclusive Right to their ... Writings." In other words, Congress is to promote learning and the advancement of our culture. The symbiosis of protecting and sharing is effected through the …
The Negative Effect Of Pharmaceutical Patents On South African Industry, Chenxi Jiao
The Negative Effect Of Pharmaceutical Patents On South African Industry, Chenxi Jiao
Cardozo Public Law, Policy & Ethics Journal
The note argues that the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has disproportionately favored developed economies, stifling the growth of local pharmaceutical industries in developing countries like South Africa. While TRIPS aimed to balance societal benefits with short-term costs, its strict patent protections have hindered the development of generic drug manufacturing and technology transfer in these regions. The analysis highlights that strong intellectual property rights alone do not drive foreign investment or industrial growth, as market size, infrastructure, and economic stability play more critical roles. The note advocates for a reformed approach to intellectual …
Containing Online Copyright Infringement: Use Of The Digital Millennium Copyright Act's Foreign Site Provision To Block U.S. Access To Infringing Foreign Websites, Todd R. Hambidge
Containing Online Copyright Infringement: Use Of The Digital Millennium Copyright Act's Foreign Site Provision To Block U.S. Access To Infringing Foreign Websites, Todd R. Hambidge
Vanderbilt Law Review
On June 27, 2005, the Supreme Court decided Metro-Goldwyn- Mayer Studios, Inc. v. Grokster, Ltd. and dealt another blow to online copyright infringement. From the early days of electronic bulletin boards to today's world of decentralized peer-to-peer services, the Internet has been used to infringe copyrights. As infringement has increased, copyright holders have successfully fought to protect their works through the courts, seeking judgments against not only the primary infringers (the individuals who have illegally downloaded these works), but also the service providers who make these works available. Judgments extending secondary liability to these Internet services have protected copyrights and …
Blackbeard Or Albert Schweitzer: Reconciling Biopiracy, Maggie Kohls
Blackbeard Or Albert Schweitzer: Reconciling Biopiracy, Maggie Kohls
Chicago-Kent Journal of Intellectual Property
No abstract provided.
A Gentlement's Agreement: Assessing The Gnu General Public License And Its Adaptation To Linux, Douglas A. Hass
A Gentlement's Agreement: Assessing The Gnu General Public License And Its Adaptation To Linux, Douglas A. Hass
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Foreign Equivalents Of The U.S. Doctrine Of Equivalents: We're Playing In The Same Key But It's Not Quite Harmony, William T. Ralston
Foreign Equivalents Of The U.S. Doctrine Of Equivalents: We're Playing In The Same Key But It's Not Quite Harmony, William T. Ralston
Chicago-Kent Journal of Intellectual Property
No abstract provided.
On Virtual Worlds: Copyright And Contract Law At The Dawn Of The Virtual Age, Erez Reuveni
On Virtual Worlds: Copyright And Contract Law At The Dawn Of The Virtual Age, Erez Reuveni
Indiana Law Journal
This Article argues that copyright law can and should apply to artistic and literary creations occurring entirely in virtual worlds. First, the Article introduces the concept of virtual worlds as places millions of people visit not only for entertainment but also for life and work. Second, the Article reviews the philosophical justifications for copyright, examines objections to applying copyright to virtual, rather than real, creative works, and concludes that neither precludes copyright for virtual creations. Third, the Article articulates how copyright law would function within virtual spaces and reviews copyrightable creations from the perspective of both game developers and players. …
Virtual Property, Real Law: The Regulation Of Property In Video Games, Susan H. Abramovitch, David L. Cummings
Virtual Property, Real Law: The Regulation Of Property In Video Games, Susan H. Abramovitch, David L. Cummings
Canadian Journal of Law and Technology
This article considers property created and used in the virtual realm of video games, which is often given real- T world value. From the unauthorized copying of designer clothes sold on Second Life for in-game cash, to real court damages awarded against game operators’ deletion of player-earned swords on Mir 3, a bridge has been taking shape from video gaming’s virtual economies to real-world economies. However, virtual property created in virtual worlds has yet to be formally recognized by North American courts or legislatures. This article attempts to touch on some of the legal considerations paramount in determining how such …
Authorizing Copyright Infringement And The Control Requirement: A Look At P2p File-Sharing And Distribution Of New Technology In The U.K., Australia, Canada, And Singapore, Jeffrey C.J. Lee
Canadian Journal of Law and Technology
The doctrine of authorizing copyright infringement has been used to deal with the marketing of new Ttechnology that might be employed by a user to infringe copyright, from the distribution of blank cassette tapes and double-cassette tape recorders to photocopiers. It is being tested yet again with the distribution of peer-to-peer file-sharing software that enables the online exchange of MP3 music and other copyrighted files. This article looks at the different positions adopted in several Commonwealth jurisdictions, and examines the policy considerations behind these positions. It looks at, in particular, the recent Australian case of Universal Music Australia Pty Ltd. …
Don't Sweat It: Copyright Protection For Yoga ... Are Exercise Routines Next?, Karolina Jesien
Don't Sweat It: Copyright Protection For Yoga ... Are Exercise Routines Next?, Karolina Jesien
Cardozo Public Law, Policy & Ethics Journal
The note examines the copyrightability of yoga sequences and exercise routines, arguing that they can qualify for copyright protection under specific conditions. It explores the tension between functionality and aesthetics, suggesting that choreographed routines, despite their utilitarian aspects, may be protected if they meet copyright standards.
Full Committee Hearing On The Importance Of Patent Reform On Small Business: Hearing Before The H. Comm. On Small Business, 110th Cong., Mar. 29, 2007 (Statement Of Professor John R. Thomas, Geo. U. L. Center), John R. Thomas
Testimony Before Congress
No abstract provided.
Vol. Ix, Tab 41 - Ex. 8 - Email From Fiona Lee And Epcot Study (Google Online Operations), Fiona Lee
Vol. Ix, Tab 41 - Ex. 8 - Email From Fiona Lee And Epcot Study (Google Online Operations), Fiona Lee
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Where Will Consumers Find Privacy Protection From Rfids?: A Case For Federal Legislation, Serena G. Stein
Where Will Consumers Find Privacy Protection From Rfids?: A Case For Federal Legislation, Serena G. Stein
Duke Law & Technology Review
With the birth of RFID technology, businesses gained the ability to tag products with practically invisible computer chips that relay information about consumer behavior to remote databases. Such tagging permits retailers and manufacturers to track the purchases, identities, and movements of their customers. In the absence of enforceable regulations, society risks being subjected to an unprecedented level of Orwellian surveillance. This iBrief addresses consumer privacy concerns stemming from the proliferation of RFID technology. It discusses why tort law, state legislation, FTC guidelines, and proposed regulations are insufficient methods to alleviate consumer privacy concerns and suggests amending various federal privacy laws, …