Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (85)
- Science and Technology Law (56)
- Computer Law (33)
- Internet Law (30)
- Communications Law (25)
-
- Comparative and Foreign Law (17)
- International Trade Law (16)
- International Law (14)
- Antitrust and Trade Regulation (10)
- Courts (10)
- Jurisprudence (9)
- Social and Behavioral Sciences (9)
- Legislation (7)
- Contracts (6)
- Law and Economics (6)
- Consumer Protection Law (5)
- First Amendment (5)
- Food and Drug Law (5)
- Health Law and Policy (5)
- Legal Education (5)
- Legal History (5)
- Torts (5)
- Administrative Law (4)
- Arts and Humanities (4)
- Business (4)
- Civil Procedure (4)
- Commercial Law (4)
- Cultural Heritage Law (4)
- Institution
-
- UIC School of Law (41)
- Fordham Law School (34)
- Yeshiva University, Cardozo School of Law (27)
- Northwestern Pritzker School of Law (21)
- UC Law SF (21)
-
- Santa Clara Law (17)
- Vanderbilt University Law School (16)
- University of Richmond (15)
- Marquette University Law School (14)
- American University Washington College of Law (13)
- University of Michigan Law School (13)
- Chicago-Kent College of Law (12)
- Boston University School of Law (11)
- Maurer School of Law: Indiana University (11)
- Texas A&M University School of Law (10)
- University of Washington School of Law (10)
- Columbia Law School (9)
- University of Georgia School of Law (8)
- University of New Hampshire (8)
- William & Mary Law School (8)
- Duke Law (7)
- University at Buffalo School of Law (7)
- University of Maryland Francis King Carey School of Law (7)
- Washington and Lee University School of Law (6)
- St. Thomas University College of Law (4)
- University of Tulsa College of Law (4)
- Villanova University Charles Widger School of Law (4)
- Singapore Management University (3)
- University of Baltimore Law (3)
- University of Kentucky (3)
- Keyword
-
- Copyright (44)
- Intellectual property (42)
- Patent (39)
- Trademark (28)
- Technology (22)
-
- Law (20)
- JTIP (17)
- Journal (17)
- Legal (17)
- NJTIP (17)
- Northwestern Journal of Technology and Intellectual Property (17)
- Northwestern University (17)
- Northwestern University School of Law (17)
- Copyright law (16)
- Patents (14)
- Fair use (12)
- Google (12)
- Adwords (11)
- Patent law (11)
- Copyright infringement (9)
- Patent infringement (9)
- Innovation (8)
- Patentability (8)
- Federal Circuit (7)
- Infringement (7)
- Internet (7)
- Rosetta Stone (7)
- Free speech (6)
- Patent Infringement (6)
- Antitrust (5)
- Publication
-
- Faculty Scholarship (34)
- Fordham Intellectual Property, Media and Entertainment Law Journal (33)
- UIC Review of Intellectual Property Law (29)
- Cardozo Arts & Entertainment Law Journal (19)
- Northwestern Journal of Technology and Intellectual Property (19)
-
- UC Law SF Communications and Entertainment Journal (19)
- Rosetta Stone v. Google (Joint Appendix) (17)
- Marquette Intellectual Property Law Review (14)
- Articles (9)
- Chicago-Kent Journal of Intellectual Property (9)
- Richmond Journal of Law & Technology (9)
- Vanderbilt Journal of Entertainment & Technology Law (9)
- Law Faculty Scholarship (7)
- All Faculty Scholarship (6)
- American University Law Review (6)
- Michigan Telecommunications & Technology Law Review (6)
- UIC John Marshall Journal of Information Technology & Privacy Law (6)
- Washington and Lee Law Review (6)
- Cardozo Law Review (5)
- Indiana Law Journal (5)
- Scholarship Chronologically (5)
- William & Mary Law Review (5)
- Articles by Maurer Faculty (4)
- Buffalo Intellectual Property Law Journal (4)
- Georgia Law Review (4)
- Journal Articles (4)
- Journal of Business & Technology Law (4)
- Scholarly Works (4)
- Vanderbilt Law School Faculty Publications (4)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (3)
- Publication Type
Articles 151 - 180 of 410
Full-Text Articles in Intellectual Property Law
Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner
Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner
All Faculty Scholarship
Is the Internet turning contract law on its head? Many commentators contend it is. Precisely this issue arises in current controversies over end user license agreements (EULAs) and Terms of Use agreements (TOUs, the agreements governing our use of web sites). Commentators complain that, in both cases, the formation process unduly restricts buyers’ freedom; and, that sellers and web site owners exploit the process to impose terms that deprive consumers of important intellectual property and privacy rights. The courts ignore the criticisms and routinely enforce EULAs and TOUs. There is truth on both sides of this court/commentator divide. EULAs and …
Can Intellectual Property Laws Stem The Rising Tide Of Art Forgeries, Joseph C. Gioconda
Can Intellectual Property Laws Stem The Rising Tide Of Art Forgeries, Joseph C. Gioconda
UC Law SF Communications and Entertainment Journal
Forged works of art have infiltrated the global marketplace at unprecedented levels during the past decade. Artists, museums, dealers, brokers and law enforcement have struggled to stop forgeries using traditional legal theories such as contract breach and fraud. These legal theories, however, have not been entirely successful at stopping the widespread global and online sale and distribution of art forgeries. Likewise, the prevalence of counterfeit merchandise has surged, undermining consumer confidence in the authenticity of luxury goods, pharmaceuticals and other consumer products. While those industries have lobbied successfully for stricter penalties against counterfeiting and have invested substantial resources in enforcement, …
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Law Faculty Scholarship
The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …
Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow
Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow
Law Faculty Scholarship
As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the propriety of according pornography the full benefits of copyright law without taking into account the harms that pornography production can inflict on subordinated or coerced "performers."
When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow
When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow
Law Faculty Scholarship
[Introduction]: Intellectual property law courses offer law professors the opportunity to teach a subject area rich with complicated statutory and court-made doctrines about which students do not usually have strong or extensively delineated moral views. I It also gives everyone in the classroom a refreshing break from the traditional partisanship of political party politics. Identification as a Democrat or Republican does not provide too much guidance or create too many expectations about a person's views of intellectual property issues, freeing classroom debates from the constrictions that political loyalties impose in so many other contexts.
Franklin Pierce Law Center Educational Report: Patent Landscape Of Dna Vaccines For Hiv, Jon R. Cavicchi, Stanley P. Kowalski
Franklin Pierce Law Center Educational Report: Patent Landscape Of Dna Vaccines For Hiv, Jon R. Cavicchi, Stanley P. Kowalski
Law Faculty Scholarship
No abstract provided.
Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan G. Vacca
Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan G. Vacca
Law Faculty Scholarship
Over the past several years scholars have wrestled with how property rights in items created in virtual worlds should be conceptualized. Regardless of how the property is conceptualized and what property theory best fits, most agree the law ought to recognize virtual property as property and vest someone with those rights.
The True Colors Of Trademark Law: Green-Lighting A Red Tide Of Anti Competition Blues, Ann Bartow
The True Colors Of Trademark Law: Green-Lighting A Red Tide Of Anti Competition Blues, Ann Bartow
Law Faculty Scholarship
The elevation of color to stand-alone trademark status illustrates the unbounded nature of trademarks within the judicial consciousness. The availability of color-alone marks also facilitates the commoditization of color in ways that complicate the development and distribution of products and services that use color for multiple purposes conterminously. The economic case for color-alone trademarks is severely undermined by careful observation of the ways that colors are actually deployed in commerce, which makes it clear that the trademarks of multiple goods and services can utilize the same color to telegraph the same message without confusing anyone or diluting the commercial power …
Tax Patents: At The Crossroads Of Tax And Patent Law, Linda M. Beale
Tax Patents: At The Crossroads Of Tax And Patent Law, Linda M. Beale
Law Faculty Research Publications
No abstract provided.
The New Chinese Dynasty: How The United States And International Intellectual Property Laws Are Failing To Protect Consumers And Investors From Counterfeiting, Anna-Liisa Jacobsen
The New Chinese Dynasty: How The United States And International Intellectual Property Laws Are Failing To Protect Consumers And Investors From Counterfeiting, Anna-Liisa Jacobsen
Richmond Journal of Global Law & Business
As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …
Patents For Poets, Timothy R. Holbrook
Patents For Poets, Timothy R. Holbrook
Sturm College of Law: Faculty Scholarship
No abstract provided.
Email To Bob Bone Re: Idea Expression Dichotomy, Wendy J. Gordon
Email To Bob Bone Re: Idea Expression Dichotomy, Wendy J. Gordon
Scholarship Chronologically
This is to recap our discussion, to make sure we're on the same page, and carry this a bit further. I'm very excited.
Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler
Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler
Marquette Intellectual Property Law Review
This Article criticizes the institutional setup in which the antitrust policies regarding IP exploitation are designed and enforced. The author compares how IP licensing is scrutinized by antitrust regimes in the European Union and the United States. The result of that comparison leads to the conclusion that any attempted resolution of the IP-Antitrust dilemma will remain inadequate as long as it is antitrust-based, that is, regulated by antitrust laws or guidelines designed by antitrust-agencies. The author argues that antitrust concerns can and should be accounted for through proper construction and application of the IP laws themselves. The article suggests a …
Indigenous Rights To Traditional Knowledge And Cultural Expressions: Implementing The Millennium Development Goals, Valerie J. Phillips
Indigenous Rights To Traditional Knowledge And Cultural Expressions: Implementing The Millennium Development Goals, Valerie J. Phillips
Intercultural Human Rights Law Review
"Indigenous Rights to Traditional Knowledge and Cultural Expressions: Implementing The Millenium Development Goals" Reflections on Intellectual Property, Traditional Knowledge and Cultural Expressions by Valerie J. Phillips, Assistant Professor of Law at University of Tulsa College of Law.
Intellectual Property And Traditional Cultural Expressions: A Synopsis Of Current Issues, Molly Torsen
Intellectual Property And Traditional Cultural Expressions: A Synopsis Of Current Issues, Molly Torsen
Intercultural Human Rights Law Review
In the context of copyright law, this article will lay out the differences between Berne Convention tenets and the ideals of a prospective TCE-based legal instrument. It will then go on to outline and comment on current sui generis laws and other approaches that incorporate various aspects of existing Western laws. The TCE topic is highly sensitive and does not cover a homogeneous set of interests. As such, a one-size-fits-all instrument may be very difficult, if not impossible, to distill. The international discussion, at the very least, brings these issues under scrutiny and encourages debate as to a wide range …
Biodiversity, Traditional Knowledge And Folklore: Work On Related Ip Matters In The Wto, Hannu Wager
Biodiversity, Traditional Knowledge And Folklore: Work On Related Ip Matters In The Wto, Hannu Wager
Intercultural Human Rights Law Review
Issues related to biodiversity, traditional knowledge and folklore have received increasing attention in the global intellectual property (IP) arena, including in the work of intergovernmental organizations and civil society. The World Trade Organization (WTO) is one of the forums in which the debate on related IP matters is occurring. Other intergovernmental organizations in which such debates are taking place include, among others, the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity (CBD), the Food and Agriculture Organization (FAO), the United Nations Conference on Trade and Development (UNCTAD), the World Bank, and various United Nations human rights bodies. This …
Rediscovering The Doctrine Of Marking Estoppel After Medimmune: Balancing The Public Interest And Private Rights, 7 J. Marshall Rev. Intell. Prop. L. 573 (2008), Michael D. Karson
Rediscovering The Doctrine Of Marking Estoppel After Medimmune: Balancing The Public Interest And Private Rights, 7 J. Marshall Rev. Intell. Prop. L. 573 (2008), Michael D. Karson
UIC Review of Intellectual Property Law
Marking is the act of placing a patent number on a product or its packaging. The doctrine of marking estoppel deals with whether the act of marking will preclude denials of patent infringement or patent validity challenges. This comment reviews the history of marking estoppel and determines that although the Federal Circuit has expressed reservations about the doctrine, marking estoppel remains viable. This comment argues that marking estoppel should preclude a marking party from denying patent infringement when the marking party has acted with scienter and the asserting party has come to court with clean hands. However, because of the …
Current Patent Laws Cannot Claim The Backing Of Human Rights - 2008, Wendy J. Gordon
Current Patent Laws Cannot Claim The Backing Of Human Rights - 2008, Wendy J. Gordon
Scholarship Chronologically
The majority of the world's countries (one exception being the United States) have undertaken a commitment at the level of human rights to protect the interests of persons who author 'scientific ... production[s]'. This commitment is embodied in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognizes in Article 15.1.(c) the rights of everyone 'to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.'
Copyright And Joyce: Litigating The Word: James Joyce In The Courts, Robert Spoo
Copyright And Joyce: Litigating The Word: James Joyce In The Courts, Robert Spoo
Books
This booklet is based on a talk given by Robert Spoo in November 2007 as part of a series of lectures at Newman House, Dublin.
Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow
Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow
Elisabeth Haub School of Law Faculty Publications
As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the propriety of according pornography the full benefits of copyright law without taking into account the harms that pornography production can inflict on subordinated or coerced ―performers.
Potential Pitfalls In High-Tech Copyright Litigation, 25 J. Marshall J. Computer & Info. L. 513 (2008), Peter J. Shurn Iii
Potential Pitfalls In High-Tech Copyright Litigation, 25 J. Marshall J. Computer & Info. L. 513 (2008), Peter J. Shurn Iii
UIC John Marshall Journal of Information Technology & Privacy Law
Alleging software and data-base infringement is probably the most common offensive strategy currently seen in high-tech copyright litigation. In the context of a hypothetical factual setting, this article explores three potential pitfalls attendant to such a strategy, and suggests ways to minimize those risks.
Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross
Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the process of innovation and releasing so-called negative information to help others in the process to innovate. The article focuses on patent law and asks the questions: Why do people innovate? Does the legal system really reflect how the process of innovation actually occurs?
Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley
Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley
UIC John Marshall Journal of Information Technology & Privacy Law
The author demonstrates how problematic the convergences between Internet technology, the demands of a burgeoning e-market, and trademark laws have created a myriad of issues in international governance of domain names. While the Internet Corporation for Assigned Names and Numbers (“ICANN”) has been tasked with resolving some of the most problematic information ownership issues in e-commerce, she demonstrates that current changes in domain name registries ignore the real world problems posed by these convergences.
The Supreme Court's Trademark Jurisprudence: Categorical Divergence In The Interest Of Information Convergence, 25 J. Marshall J. Computer & Info. L. 635 (2008), Sheldon Halpern
UIC John Marshall Journal of Information Technology & Privacy Law
The author shows that convergence has placed trademark law in the center of some of the hard-fought battles over information ownership in intellectual property. From fights over moral rights, to collisions with patents, trademarks in the new technological age have raised questions that he suggests might be better analyzed if the associative nature of trademarks were recognized and applied.
Access To Computer Programs Under The Dmca, 25 J. Marshall J. Computer & Info. L. 641 (2008), Dennis S. Karjala
Access To Computer Programs Under The Dmca, 25 J. Marshall J. Computer & Info. L. 641 (2008), Dennis S. Karjala
UIC John Marshall Journal of Information Technology & Privacy Law
The author explores the convergences between technology and information in the critical area of computer programs and the DMCA. Examining recent attempts to raise protected access control measures under the DMCA to non-communication related content, he demonstrates that not all fears of unlimited expansion of copyright are justified. To the contrary, courts are showing a remarkable sensitivity to the problem.
When Worlds Collide: The Uneasy Convergence Of Creativity And Innovation, 25 J. Marshall J. Computer & Info. L. 653 (2008), Doris E. Long
When Worlds Collide: The Uneasy Convergence Of Creativity And Innovation, 25 J. Marshall J. Computer & Info. L. 653 (2008), Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
The author contends that in the area of computer software protection convergence has resulted in confusion in the goals of copyright and patent laws to the detriment of both. By confusing “innovation” with “creativity,” she contends that copyright protection has been strained by its efforts to fit the demands of functional code within its expressive protection goals. She concludes by suggesting that we go “back to the future” to resurrect an international sui generis system for software and allow both copyright and patent to go back to their original, and distinctly different, policy goals.
State Sovereign Immunity: States Use The Federal Patent Law System As Both A Shield And A Sword, 8 J. Marshall Rev. Intell. Prop. L. 134 (2008), Nicholas Dernik
State Sovereign Immunity: States Use The Federal Patent Law System As Both A Shield And A Sword, 8 J. Marshall Rev. Intell. Prop. L. 134 (2008), Nicholas Dernik
UIC Review of Intellectual Property Law
A number of states currently rely on Eleventh Amendment immunity to defend against infringement actions by the patentees during research and development of new technologies. Some of these states then evoke the federal patent system to exclude private parties from infringing state patented subject matter. Ultimately, states enjoy all of the benefits of the federal patent system but states are not limited by any of its restrictions. This comment proposes a remedy to the states’ unfair tactical advantage of using the federal patent system as both a shield and a sword.
Meddimmune, Microsoft, And Ksr: The United States Supreme Court In 2007 Tips The Balance In Favor Of Innovation In Patent Cases, And Thrice Reverses The Federal Circuit, Sue Ann Mota
Marquette Intellectual Property Law Review
In 2007 the Supreme Court reversed three patent cases from the Court of Appeals for the Federal Circuit. The three cases were MedImmune, Inc. v. Genentech, Inc. (holding a patent licensee does not have to breach a license agreement before seeking declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed), Microsoft Corp. v. AT&T Corp. (holding Microsoft did not supply a component of an invention from the United States that had the possibility of infringing under the Patent Act), and KSR International Co. v. Teleflex Inc. (holding the requirement of non-obviousness under the Patent Act is analyzed …
Antitrust Liability For Refusal To License Intellectual Property: A Comparative Analysis And The International Setting, Rita Coco
Marquette Intellectual Property Law Review
Antitrust and IP law both share the goals of promoting innovation and benefiting consumers. A potential for conflict exists, however, when a dominant firm's refusal to license IP rights affects the dynamics of competition. Antitrust intervention in IP rights can reduce incentives to invest, whereas a failure to allow anticompetitive behavior can harm consumers and competitors while reducing the efficiency of the economic system. The author reviews the European and United States approaches to monopolization claims involving IP rights. The European approach is limited by the mismatch between national enforcement of IP rights and community enforcement of antitrust law. The …
What Do We Do With A Doctrine Like Merger? A Look At The Imminent Collision Of The Dmca And Idea/Expression Dichotomy, Matthew J. Faust
What Do We Do With A Doctrine Like Merger? A Look At The Imminent Collision Of The Dmca And Idea/Expression Dichotomy, Matthew J. Faust
Marquette Intellectual Property Law Review
With the introduction of the Digital Millennium Copyright Act (DMCA), courts are now faced with the unsettling issue that copyright holders can receive damages even though copyright infringement did not occur. This comment begins its analysis of this issue with a brief overview of basic copyright infringement fundamentals, the different approaches and numerous tests that circuit courts have applied, and the idea/expression dichotomy, including the merger doctrine and the scenes a faire doctrine. The author then explores the collision between the DMCA and the idea/expression dichotomy by showing how the DMCA has impacted copyright law and how it intersects with …