Intellectual Property Law Commons^™

Perfect 10 V. Visa: The Future Of Contributory Copyright Infringement, James M. Tilly

Oklahoma Law Review

No abstract provided.

Defending The Public Domain—The First Amendment, The Copyright Power, And The Potential Of Golan V. Gonzales, J. Blake Pinard

Oklahoma Law Review

No abstract provided.

Bill Graham Archives V. Dorling Kindersley Limited : The Ever-Changing Face Of The Fair Use Defense, Christina Alvarado

SMU Science and Technology Law Review

No abstract provided.

Patents Of Damocles, Christopher R. Leslie

Indiana Law Journal

No abstract provided.

The Social Contract And Authorship: Allocating Entitlements In The Copyright System., Alina Ng

Journal Articles

No abstract provided.

International Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu

Articles by Maurer Faculty

No abstract provided.

The Reach Of Literal Claim Scope Into After-Arising Technology: On Thing Construction And The Meaning Of Meaning, Kevin Emerson Collins

Articles by Maurer Faculty

Broadly speaking, courts and commentators have offered two theories to explain the relationship between the literal scope of a patent claim and after-arising technology (AAT), i.e. technology that is not discovered until after a claim has been filed. The fixation theory asserts that claim scope is and/or should be fixed on the date a claim is filed and that this fixation makes it impossible for the claim to encompass AA T because a claim must grow in some sense after the filing date in order to encompass AA T. In stark contrast, the growth theory argues that literal claim scope …

Claims To Information Qua Information And A Structural Theory Of Section 101, Kevin Emerson Collins

Articles by Maurer Faculty

In this article, I start from the premises that claims to inventive information qua information are not and should not be patentable, and I pursue two lines of inquiry. First, I argue that a structural theory of Section l0l of the Patent Act provides a policy-driven, conceptually coherent and statutorily justified interpretation that explains why claims to inventive information qua information should be excluded from the realm of patentable subject matter. In brief, patentable subject matter must be restricted in this manner to preserve the duality of claiming and disclosing upon which the entire patent regime is constructed.

Second, I …

Patients Without Borders: The Emerging Global Market For Patients And The Evolution Of Modern Health Care, Nathan Cortez

Indiana Law Journal

No abstract provided.

Combining The Components Of Life: The Application Of Patent Extraterritoriality Doctrine To Biotechnology, Jennifer L. Schuster

Indiana Law Journal

No abstract provided.

United States Copyright Fair Use Checklist, Kenneth D. Crews

Copyright, Fair Use, Scholarly Communication, etc.

Copyright fair use checklist available for scholars, students, and others to determine whether a use of copyrighted material may be considered a fair use. This document is meant to provide guidance for individuals to make their own determinations about whether a use may be considered a fair use. It does not constitute legal advice.

Introduction to the Checklist

The Fair Use Checklist and variations on it have been widely used for many years to help educators, librarians, lawyers, and many other users of copyrighted works determine whether their activities are within the limits of fair use under U.S. copyright law …

Just What The Doctor Ordered: A Two-Step Standard For Pharmaceutical Patent Settlements, George A. O'Brien

Journal of Business & Technology Law

No abstract provided.

Recording Artists, Work For Hire, Employment, And Appropriation, Matt Stahl

Studio for Law and Culture

Authorship and ownership exist in a curious relation in U.S. copyright law. In theory and common sense, authorship underwrites and is the condition of ownership, but in practice ownership can establish authorship retroactively. Distinctions between proprietary and non-proprietary creative cultural workers, in this view, turn in no essential way on evidence of “creativity” or the investment of “personality” in cultural creation. This paper examines a legislative struggle between recording artists and the recording industry over the status of their stock-in-trade, sound recordings. In 2000, recording artists obtained the repeal of a 1999 law allocating authorship and ownership of recordings to …

The Need For Speed (And Grace): Issues In A First-Inventor-To-File World, Margo A. Bagley

Faculty Articles

“One is the loneliest number that you’ll ever do.” This lyric applies to the United States which, since 1998, stands alone among the world’s patent systems in awarding patents to the first person to invent a claimed invention (first to invent, or “FTI”) as opposed to the first inventor to file an application claiming the invention (“FITF”). But its lonely days may soon be over: a provision in pending patent reform legislation will (if passed) move the United States from FTI to FITF and end its solitary stance.

Some argue that the U.S. already has a de facto FITF system, …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its final issue of the 2007–2008 academic school year. Our authors tackle a number of emerging issues in ways we think you’ll find especially interesting.

Patenting Part-Human Chimeras, Transgenics And Stem Cells For Transplantation In The United States, Canada, And Europe, Gregory R. Hagen, Sébastien A. Gittens

Richmond Journal of Law & Technology

The perceived need for part-human materials – considered to be biological materials containing human genetic material for the purposes of this paper – is at least twofold. First, given the continued shortage of human organs and other human biological materials suitable for transplantation, thousands of persons will suffer illness and death each year.

Mary Doe’S Destiny: How The United States Has Banned Human Embryonic Stem Cell Research In The Absence Of A Direct Prohibition, Yi-Chen Su, Albert Wai-Kit Chan

Richmond Journal of Law & Technology

Mary Doe is a human embryo preserved in liquid nitrogen, in an unnamed in vitro fertilization clinic. Mary Doe’s name was given by an organization dedicated to advocating for equal humanity and personhood of pre-born children, including “children in vitro.” In response to President Clinton’s policy favoring embryonic stem cell [hereinafter ES- cell] research, the organization filed suit on behalf of Mary Doe, and all other frozen human embryos similarly situated, seeking a permanent injunction against any and all plans to undertake human ES-cell experimentation.

What Is An Invention? A Review Of The Literature On Patentable Subject Matter, Emir Aly Crowne Mohammed

Richmond Journal of Law & Technology

This work is a critical review of the literature on patentable subject matter. It examines the central feature of modern patent law—the “invention”—at an international and comparative level. As with most codified terms intended to have wide-ranging, prospective applicability, it is usually left undefined, or if defined, is usually drafted broadly and permissively. Despite the hallmarks of patentability (namely, novelty, inventiveness, and industrial applicability), some courts1 and academic commentators have questioned whether there still needs to be an invention in the first place, before one even considers its patentability.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Bridget Murray

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the second issue of the 2008–2009 academic school year. Our authors analyze a variety of controversial legal topics that are at the forefront of debates regarding the intersection of technology and law.

Creative Development: Helping Poor Countries By Building Creative Industries, Mark Schultz, Alec Van Gelder

Kentucky Law Journal

No abstract provided.

Making Much Ado About Theory: The Chinese Trademark Law, Leah Chan Grinvald

Scholarly Works

Although the United States has had an active hand in the implementation of trademark law in China over the past century, the same frustrations that marked the turn of the twentieth century are reflected in the twenty-first century. This Article posits that one of the reasons that the United States has not seen the desired level of progress in China's protection of trademarks lies in the imposition of an American theory of trademarks, which has inhibited U.S. reform efforts in China to date. This imposition is understandable, as little thought has been given to the Chinese theoretical justification for their …

Identical Cousins? On The Road With Dilution And The Right Of Publicity, Mary Lafrance

Scholarly Works

The dilution doctrine and the right of publicity have a great deal in common, because both represent property-like rights that have evolved from legal doctrines largely unrelated to property concerns. Although both doctrines have engendered controversy in the United States, the dilution doctrine generally evokes greater skepticism and confusion. This Article evaluates how these concepts are viewed in a number of jurisdictions outside the United States. From this examination, two conclusions emerge. First, despite the similarities between the doctrines, countries do not tend to adopt or reject them in tandem. Second, the degree to which each doctrine achieves widespread and …

Fashionable Ip Or Ip For Fashion?, Norman L. Balmer

Washington and Lee Law Review

No abstract provided.

On The Importance Of Intellectual Property Rights For E-Science And The Integrated Health Record, Giuseppina D'Agostino, Chris Hinds, Marina Jirotka, Charles Meyer

Articles & Book Chapters

An integrated health record (IHR) that enables clinical data to be shared at a national level has profound implications for medical research. Data that have been useful primarily within a single clinic will instead be free to move rapidly around a national network infrastructure. This raises challenges for technologists, clinical practice, and for the governance of these data. This article considers one specific issue that is currently poorly understood: how intellectual property (IP) relates to the sharing of medical data for research on large-scale electronic networks. Based on an understanding of current practices, this article presents recommendations for the governance …

Google's New Monopoly? How The Company Could Gain By Paying Millions In Copyright Fees, James Gibson

Law Faculty Publications

Last week, Google settled a controversial copyright case by agreeing to pay tens of millions in licensing fees to authors and publishers, with more to come. At first glance, it looks like this great champion of the free flow of information has caved to copyright interests. But in fact, Google may be better off with a settlement than an outright win. Before the court approves this agreement, then, it must consider the deal's anti-competitive effects. [..]

Indirect Infringement From A Tort Law Perspective, Charles W. Adams

University of Richmond Law Review

No abstract provided.

Marybeth Peters Is Almost Right: An Alternative To Her Proposals To Reform The Compulsory License Scheme For Music, William Henslee

Journal Publications

Since Napster made mass digital downloads and online piracy available and accessible in June of 1999, the music industry has been under attack. Traditionally, record companies have received their revenue from phonorecord sales and use of the music in film, television, and advertisements. Performers have received their income from record companies based on a percentage of the sales income after the company has recouped its investment in the artist.

With the current technology and digital marketing available, all of the players in the music business believe that the revenue distribution models need to change but, to date, have been reluctant …

Litigating The Right To Be A Scholar, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Indirect Infringement From A Tort Law Perspective, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Why The "Single Entity" Defense Can Never Apply To Nfl Clubs: A Primer On Property-Rights Theory In Professional Sports, Marc Edelman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.