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Intellectual Property Law Commons™

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2009

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Institution
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Articles 391 - 420 of 473

Full-Text Articles in Intellectual Property Law

Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes Jan 2009

Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes

Articles

Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives, 122 Harv. L. Rev. 1569 (2009)

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Live Performance, Copyright, And The Future Of The Music Business, Mark F. Schultz Jan 2009

Live Performance, Copyright, And The Future Of The Music Business, Mark F. Schultz

University of Richmond Law Review

No abstract provided.

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Goodbye, Norma Jean: Marilyn Monroe And The Right Of Publicity's Transformation At Death, Michael Decker Jan 2009

Goodbye, Norma Jean: Marilyn Monroe And The Right Of Publicity's Transformation At Death, Michael Decker

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel Jan 2009

Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Ruling With An Iron Fist: The Ttab's Strict Standard For Fraud For Trademark Registrants And Its Sanctions For Fraudulent Registrations, Meryl Rothchild Jan 2009

Ruling With An Iron Fist: The Ttab's Strict Standard For Fraud For Trademark Registrants And Its Sanctions For Fraudulent Registrations, Meryl Rothchild

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers Jan 2009

Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Licensing Technology To The Brics: The Case For Adr, Aaron Pereira Jan 2009

Licensing Technology To The Brics: The Case For Adr, Aaron Pereira

Cardozo Journal of Conflict Resolution

This Note seeks to explore the application of mechanisms of Alternative Dispute Resolution ("ADR") to overcome problems associated with the traditional methods of international patent litigation, with a focus on the BRIC countries. It starts with an outline of patent rights including their international licensing. The Note will then move on to a discussion of the present mechanisms of international patent protection and perceived problems with the current system, the ways in which ADR can help overcome these problems and the limitations of ADR in this field. Finally, the Note will examine the enforcement of ADR awards, the application of …

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Pirates Among The Second Life Islands - Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby Jan 2009

Pirates Among The Second Life Islands - Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong Jan 2009

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Copyright Law In And Under The Constitution: A Comparison Between American And German Constitutional Copyright Law, Tom Braegelmann Jan 2009

Copyright Law In And Under The Constitution: A Comparison Between American And German Constitutional Copyright Law, Tom Braegelmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Crossing The Fair Use Line: The Demise And Revival Of The Harry Potter Lexicon And Its Implications For The Fair Use Doctrine In The Real World And On The Internet, Shira Siskind Jan 2009

Crossing The Fair Use Line: The Demise And Revival Of The Harry Potter Lexicon And Its Implications For The Fair Use Doctrine In The Real World And On The Internet, Shira Siskind

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Of Silos And Constellations: Comparing Notions Of Originality In Copyright Law, Elizabeth F. Judge, Daniel Gervais Jan 2009

Of Silos And Constellations: Comparing Notions Of Originality In Copyright Law, Elizabeth F. Judge, Daniel Gervais

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Use It Or Lose It! Burdens Of Proof In Non-Use Cancellation Actions: A Call For Balance In The Trademark Laws Of Thailand, Indonesia, And India, Robin N. Brenner Jan 2009

Use It Or Lose It! Burdens Of Proof In Non-Use Cancellation Actions: A Call For Balance In The Trademark Laws Of Thailand, Indonesia, And India, Robin N. Brenner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Pitfalls In Patenting Publicly Funded Research - Comments On Draft South African Regulations, Matthew Herder, Cynthia M. Ho Jan 2009

Pitfalls In Patenting Publicly Funded Research - Comments On Draft South African Regulations, Matthew Herder, Cynthia M. Ho

Articles, Book Chapters, & Popular Press

South Africa recently enacted legislation similar to the US. Bayh-Dole Act, which permits publicly funded institutions to obtain patent rights in hopes that the patent incentive will foster commercialization, as well as generate revenues to the funded institutions and scientists. While enacting analogs to Bayh-Dole seems presently in vogue, there are definitely concerned about the original legislation that have been voiced. When South Africa recently published proposed guidelines implementing its version of Bayh-Dole, it broadly opened up the opportunity for public comments. The attached paper discusses some of concerns, including problems with delaying timely knowledge dissemination and the need to …

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The Pto And The Market For Influence In Patent Law, Clarisa Long Jan 2009

The Pto And The Market For Influence In Patent Law, Clarisa Long

Faculty Scholarship

As statutory schemes go, the patent statute has been relatively stable from 1952 to the present. In contrast to copyright law, where Congress has taken a close – indeed at times intense – interest in the details of the statutory scheme, legislative intervention into the patent statute, when it has occurred, has been more limited and narrower in scope. For many reasons, however, patent law has been disequilibrating over time, and calls for patent reform have been increasing in intensity. One of the many factors contributing to this disequilibration in recent years has been the ongoing emergence of the U.S. …

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Scary Patents, Stephen M. Mcjohn Jan 2009

Scary Patents, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

The Federal Circuit, in In re Bilski, announced a new test for patentable subject matter, reversing a decades-long trend that had broadened patent subject matter to include business methods and software. To be patentable under Bilski, a process must (1) be tied to a particular machine or apparatus, or (2) transform a particular article into a different state or thing. The Supreme Court has granted cert. to review Bilski. Bilski gives little weight to the very statute it is interpreting or to the facts of the relevant Supreme Court cases. The court draws a test from selected language of those …

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Serendipity, Sean B. Seymore Jan 2009

Serendipity, Sean B. Seymore

Vanderbilt Law School Faculty Publications

Serendipity, the process of finding something of value initially unsought, has played a prominent role in modern science and technology. These "happy accidents" have spawned new fields of science, broken intellectual and technological barriers, and furnished countless products that have altered the course of human history. In the realm of patent law, one curious aspect of accidental discoveries that has received little attention in the academic literature and the courts is how they mesh with the substantive law of invention. This Essay shows that applying conventional doctrines to accidental inventions is theoretically untenable and, in certain circumstances, may result in …

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Trespass-Copyright Parallels And The Harm-Benefit Distinction, Wendy J. Gordon Jan 2009

Trespass-Copyright Parallels And The Harm-Benefit Distinction, Wendy J. Gordon

Faculty Scholarship

Currently, the elements of a plaintiff’s cause of action for copyright largely follow the tort of trespass to land in that volitional entry (for land) or volitional copying (for copyright) gives rise to liability regardless of proof of harm and without any need for the plaintiff to prove the defendant acted unreasonably. Many scholars have criticized copyright law for following the strict liability model of real property trespass, and have suggested alternatives that would more resemble conditional causes of action such as unfair competition, nuisance, or negligence. In Foreseeability and Copyright Incentives, Professor Shyamkrishna Balganesh argues that copyright plaintiffs …

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The Componentization Of Information, Kristen Jakobsen Osenga Jan 2009

The Componentization Of Information, Kristen Jakobsen Osenga

Law Faculty Publications

Information is ‘the oxygen of the modern age’. Despite its importance, or perhaps because of it, conventional wisdom has long been of the view that information wants to, or even needs to, be free. This idea has been extended to encompass not just raw data, but also information products such as databases and software. These products – products whose primary value lies in organizing, providing context, and distributing information content – have often been the subject of debate over whether and to what extent these works should be protected. The tension between information being free and information products being protected …

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Of Patents And Property, James Bessen, Michael J. Meurer Jan 2009

Of Patents And Property, James Bessen, Michael J. Meurer

Faculty Scholarship

Do patents behave substantially like property rights in tangible assets, in that they encourage development and innovation? This article notes that historical evidence, cross-country evidence, economic experiments, and estimates of net benefits all indicate that general property rights institutions have a substantial direct effect on economic growth. Conversely, with a few important exceptions like chemicals and pharmaceuticals, empirical evidence indicates that intellectual property rights have at best only a weak and indirect effect on economic growth. Further, it appears that for public firms in most industries today, patents may actually discourage investment in innovation for fear of winding up on …

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Death From The Public Domain?, Kevin Outterson Jan 2009

Death From The Public Domain?, Kevin Outterson

Faculty Scholarship

In his recent article in the Texas Law Review, Ben Roin advances the claim that pharmaceutical innovation and the public’s health are harmed by the doctrines of non-obviousness and novelty. He does not mince words, labeling the nonobvious requirement as “perversity” with a “pernicious” effect on drug development. In his view, these standards pose an insurmountable barrier for drug companies seeking to commercialize inventions already in the public domain. He claims that valuable, life-saving drug ideas languish in the public domain because the companies face high barriers to entry from the FDA, but potential free riders are encouraged through the …

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The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel Gervais Jan 2009

The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel Gervais

Vanderbilt Journal of Entertainment & Technology Law

Even as a mere conceptual cloud, the term "user-generated content" is useful to discuss the societal shifts in content creation brought about by the participative web and perhaps best epitomized by the remix phenomenon. This Article considers the copyright aspects of UGC. On the one hand, the production of UGC may involve both the right of reproduction and the right of adaptation--the right to prepare derivative works. On the other hand, defenses against claims of infringement of these rights typically rely on (transformative) fair use or the fact that an insubstantial amount (such as a quote) of the preexisting work …

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Working Toward Spontaneous Copyright Licensing: A Simple Solution For A Complex Problem, Tanya M. Woods Jan 2009

Working Toward Spontaneous Copyright Licensing: A Simple Solution For A Complex Problem, Tanya M. Woods

Vanderbilt Journal of Entertainment & Technology Law

As the web evolves, so too are discussions on how to manage the rights of copyright owners online. Finding a solution that is balanced and that accounts for the international nature of the Internet is essential. While many have attempted to craft such a solution, a model that accommodates the spontaneity of copyright content users and that recognizes the multi-territorial nature of the Internet has yet to materialize. For this reason, this Article formulates a macro-level conceptual approach to building a practical copyright licensing model that could generate spontaneous digital copyright licenses to accommodate the creative impulses of web users …

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Marks Of Rectitude, Margaret Chon Jan 2009

Marks Of Rectitude, Margaret Chon

Faculty Articles

Trademarks and certification marks increasingly denote sustainability or social responsibility standards. These marks of rectitude are particularly noticeable in the context of global trade, where market integration is accompanied by relatively uneven integration of environmental, labor and other standards, and where consumers in the so-called global North choose how to empower producers and/or encourage development of markets in the global South. But consumer participation in these transactions is under-explored by reference to criteria such as the quality not to mention accountability and transparency of the standards embedded within the goods or services. Newer stakeholders and meaning-makers such as the largely …

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Rewinding Time: Advances In Mitigating Hindsight Bias In Patent Obviousness Analysis, Jun Wu Jan 2009

Rewinding Time: Advances In Mitigating Hindsight Bias In Patent Obviousness Analysis, Jun Wu

Kentucky Law Journal

No abstract provided.

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Where's The Remote? The Importance Of The Location Of The Remote Control (And The One Who Uses It) In Determining Liability For Copyright Infringement For Remote Storage Dvrs, Cindy Abramson Jan 2009

Where's The Remote? The Importance Of The Location Of The Remote Control (And The One Who Uses It) In Determining Liability For Copyright Infringement For Remote Storage Dvrs, Cindy Abramson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis Jan 2009

The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Medimmune V. Genentec, Kelly Casey Mullally, Gregory Castanias, Franklin E. Gibbs Jan 2009

Medimmune V. Genentec, Kelly Casey Mullally, Gregory Castanias, Franklin E. Gibbs

Journal of Business & Technology Law

No abstract provided.

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Patents Are Property: A Fundamental But Important Concept, Andrew Beckerman-Rodau Jan 2009

Patents Are Property: A Fundamental But Important Concept, Andrew Beckerman-Rodau

Journal of Business & Technology Law

No abstract provided.

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Ebay V. Mercexchange And Quanta Computer V. Lg Electronics, Andrew Beckerman-Rodau, F. Scott Kieff, Lawrence M. Sung, Thomas Woolston Jan 2009

Ebay V. Mercexchange And Quanta Computer V. Lg Electronics, Andrew Beckerman-Rodau, F. Scott Kieff, Lawrence M. Sung, Thomas Woolston

Journal of Business & Technology Law

No abstract provided.

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