Intellectual Property Law Commons^™

Music Markets And Mythologies, 9 J. Marshall Rev. Intell. Prop. L. 831 (2010), Henry H. Perritt, Jr.

UIC Review of Intellectual Property Law

New technologies have started a revolution in the music marketplace. As new business models emerge, major firms in the popular music industry have mounted a campaign on the premise that the world of popular music faces a grave threat from illicit filing sharing. This article makes the case against that campaign. It discusses how new technologies are currently reshaping the marketplace to allow a wider range of new artists, as well as more direct access between musicians and their fans. It also predicts how future demand for popular music will increase due to portability, and ultimately recommends directions for marketplace …

Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins

UIC Review of Intellectual Property Law

Historically, quilts have been denied the same copyright protection available to any other expression in a fixed medium. When quilts have been considered protectable, the protectable elements in a pattern have been limited, or the application of the substantial similarity test has varied widely. One possible explanation for this unequal treatment is that quilting is viewed as ‘women’s work.’ Another is that quilts are primarily functional. However, quilts have evolved over time and may now be expensive collectible pieces of art; art that deserves copyright protection. This article traces the history of quilt making, addresses the varying standards of protection …

Reforming The Uspto To Comply With Mpep § 707.07(J) To Give A Fair Shake To Pro Se Inventor-Applicants, 9 J. Marshall Rev. Intell. Prop. L. 880 (2010), Paul M. Swamidass

UIC Review of Intellectual Property Law

If pro se patent applicants are successful with their applications, they are likely to be inspired to become serial inventors and patentees. In contrast, a pro-se patent applicant, who is turned off by a non- transparent and arbitrary examination process at the United States Patent and Trademark Office (“USPTO”), may curtail his/her instinct to invent and patent. The USPTO does not collect data or publish statistical analyses of pro se patent applications. Therefore, the challenges faced by the pro se inventor- applicants are hidden. The author subjected himself to the PTO’s patent examination process as a pro se applicant for …

The Effects Of "Blue Magic": A Call To Punish Criminal Organizations That Benefit From The Use Of Trademarks, 9 J. Marshall Rev. Intell. Prop. L. 912 (2010), Thomas J. Kelley

UIC Review of Intellectual Property Law

Throughout history, criminal organizations have produced, packaged, transported, marketed, and sold illegal products. These organizations and their individual members can be punished for all of the steps in this process, except one: marketing. These groups routinely market their products with trademarks affixed to the illegal products they sell, and benefit from these trademarks the same way a company like the Coca-Cola Company benefits from its trademarks. Criminal organizations should not be free to use trademarks without fear of any additional punishment for doing so. Congress and the United States Sentencing Commission should look at this issue to determine an appropriate …

No More Rockin' In The Free World: Removing The Radio Broadcast Exemption, 9 J. Marshall Rev. Intell. Prop. L. 935 (2010), Brandon H. Nemec

UIC Review of Intellectual Property Law

In an era of boundless technological advancement, the music industry faces its most turbulent economic landscape to date. The sustainability of the industry relies on the emergence of an innovative strategy to adapt music’s business model and continue to incentivize the creation and performance of brilliant music. A modernized industry model necessitates a reorganization of the copyright protections ultimately designed to motivate exceptional musicians. The following comment proposes a shift in one of music’s traditional revenue streams, and examines the controversial public performance exemption provided to broadcast radio. While debate has circulated around the public performance exemption for decades, the …

Statistical Analysis Of Federal District Court Cases Seeking Longer Patent Term Adjustments In The Wake Of Wyeth V. Kappos, 10 J. Marshall Rev. Intell. Prop. L. 1 (2010), Verne A. Luckow, Steven C. Balsarotti

UIC Review of Intellectual Property Law

Over 175 Federal District Court cases filed from September 2008 through July 2010 were analyzed to determine common features noted by applicants seeking longer patent term adjustments (“PTAs”) in view of a Federal District Court ruling, later affirmed by the U.S. Court of Appeals for the Federal Circuit in Wyeth v. Kappos, which held that the United States Patent and Trademark Office (“PTO”) misinterpreted a statute relating to the calculation of PTAs involving overlapping periods of delay attributable to the PTO or to the applicant. Applicant and PTO errors in calculating PTAs were common, often relating to counting errors due …

The Wisdom Of Legislating For Anticipated Technological Advancements, 10 J. Marshall Rev. Intell. Prop. L. 154 (2010), Yvette Joy Liebesman

UIC Review of Intellectual Property Law

The past four decades have been witness to the realization of ideas which, when first contemplated,seemed to resemble the prose of science fiction writers. Some seemingly far-fetched notions, such as robot pets, anti-sleeping pills, and ugly unisex jumpsuits, are now readily available. However, there are currently no colonies on the moon, and we are all still waiting to order our personal jetpacks from Amazon.com. Some are likely to remain in the realm of science fiction and will only be realized with the help of movie and television special effects artists. Yet through these entertaining glimpses into a potential future, we …

The New Ontologies: The Effect Of Copyright Protection On Public Scientific Data Sharing Using Semantic Web Ontologies, 10 J. Marshall Rev. Intell. Prop. L. 181 (2010), Andrew Clearwater

UIC Review of Intellectual Property Law

The semantic web is going to become an important tool for scientists who need to accurately share data given context through structured relationships. The structure that defines contextual relationships on the semantic web is known as an ontology; which is a hierarchical organization of a knowledge domain that contains entities and their relations. This paper seeks to answer whether semantic web ontologies are protectable by copyright, and regardless of the outcome, what the best practices are for the scientific community. The best practices for the scientific community should include the adoption of a machine readable ontology license which disclaims copyright …

Consumer-Generated Media And Advertising—Are They One And The Same? An Analysis Of The Amended Ftc Guides Concerning The Use Of Endorsements And Testimonials In Advertising, 10 J. Marshall Rev. Intell. Prop. L. 206 (2010), Jessica Godell

UIC Review of Intellectual Property Law

The advertising industry as well as the endorsements and testimonials that support advertising have been expanding into new mediums for years. As a result of this continual growth, the Federal Trade Commission (“FTC”) recently amended the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (“The Guides”). The FTC, which sought to apply The Guides to consumer-generated media for the very first time, had not amended The Guides prior to these revisions in three decades. As a result, the changes garnered a number of mixed reactions from the media, consumers and the advertising and legal industries. Under the …

Twitter: New Challenges To Copyright Law In The Internet Age, 10 J. Marshall Rev. Intell. Prop. L. 231 (2010), Rebecca Haas

UIC Review of Intellectual Property Law

Twitter is part of the new wave of internet communication. It is unique because messages sent via Twitter are limited to 140 characters. Many of these messages are about mundane details of daily life, but some are creative, even literary, and may qualify for copyright protection. The problem,then, is not necessarily whether a Tweet can qualify for copyright protection, but how that protection is enforced. Current infringement policies and procedures are not designed to effectively handle copyright infringement on the internet. Internet infringement is widespread and not easy to monitor or regulate, therefore there is a need for a regulatory …

Deadly Delay / Postponed Pills, 10 J. Marshall Rev. Intell. Prop. L. 254 (2010), Christopher R. Walker

UIC Review of Intellectual Property Law

Since 1984, generic pharmaceuticals have continued to grow, and are an important element in our national struggle to increase affordable health care options in the United States. The Hatch-Waxman Act has played a pivotal role in helping to create a regulatory environment that fosters the development of generic pharmaceuticals, thereby increasing access to lower-cost alternatives to more expensive drugs. An important part of balancing the interests of the generic manufacturers against those of the primary pharmaceutical makers is the thirty-month stay provision of the Hatch-Waxman Act. This comment begins by taking a look at the history of the Hatch-Waxman Act …

What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss

American University Law Review

No abstract provided.

Protection For Works Of Foreign Origin Under The 1909 Copyright Act, Tyler T. Ochoa

Faculty Publications

One of the principal goals of the 1909 Copyright Act was to simplify and streamline the formalities required to obtain copyright protection. Before the 1909 Copyright Act, authors had to register their works before publication in order to be eligible for copyright protection; and notice of the registration had to be included on all copies published in the United States. If a work was published anywhere in the world before registration, or if the notice was omitted when the work was published domestically, the work went into the public domain. Under the 1909 Act, however, authors only had to publish …

The State Of Internet Radio In 2010, Adam Deutsch

Student Works

No abstract provided.

Recognizing Virtual Property Rights, It's About Time, John S. Chao

Student Works

No abstract provided.

An Exploratory Investigation Of The Practice Of Planned Unit Development And Its Theoretical Implementation In The “Second Life” Virtual Community, Ryan M. Jennings

Student Works

No abstract provided.

Following The Direction Of Traffix: Trade Dress Law And Functionality Revisited, Amy B. Cohen

Faculty Scholarship

For much of American history, in order to promote competition among the producers of useful products, the law did not grant protection to the design of such products unless the design met the demanding requirements for patent or copyright protection. In the 1980s, an expansion of trade dress law resulted in protection of product designs, with the courts relying primarily on the functionality doctrine to preserve the interest in competition. The functionality doctrine, however, riddled by ambiguity and conflicting interpretations, was not effective in preventing overly broad protection of the designs of useful products. As a result, more and more …

Traditional Knowlege: Is Perpetual Protection A Good Idea?, J. Janewa Oseitutu

Faculty Publications

Most of the international dialogue about traditional knowledge has taken place within the context of an intellectual property framework with the World Intellectual Property Organization (WIPO) as the primary facilitator of the discussion. Following more than a decade of dialogue, the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (WIPO IGC) has been given until the Fall of 2011 to come up with something concrete. Due to the intersection between traditional knowledge and intellectual property, the resulting text is likely to be a significant development for international intellectual property law.

Developing countries have long advocated …

A Hole In The Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy Gordon

SMU Science and Technology Law Review

No abstract provided.

Overview Of Trademark Issues Presented To Businesses Owners Within Second Life, Ross J. Switkes

Student Works

No abstract provided.

Untold Stories In South Africa: Creative Consequences Of The Rights Clearance Culture For Documentary Filmmakers, Sean M. Flynn, Peter A. Jaszi

PIJIP Faculty Scholarship

This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective film making posed by escalating copyright clearance requirements.

Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman

Intellectual Property Brief

No abstract provided.

Pharmaceutical Patents, Paragraph Iv, And Pay-For-Delay: The Landscape Of Drung Patent Litigation And The Lessons Provided For The Recently Passed Biosimilar Approval Pathway, Brett Havranek

Intellectual Property Brief

No abstract provided.

Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson

Intellectual Property Brief

No abstract provided.

Masthead & Table Of Contents , Au Intellectual Property Brief

Intellectual Property Brief

No abstract provided.

Pharmaceutical Patents, Paragraph Iv, And Pay-For-Delay: The Landscape Of Drung Patent Litigation And The Lessons Provided For The Recently Passed Biosimilar Approval Pathway, Brett Havranek

Intellectual Property Brief

No abstract provided.

Policing The Information Super Highway: Custom's Role In Digital Piracy, Andrew Haberman

Intellectual Property Brief

No abstract provided.

Riaa Monetary Recoveries In Illegal Downloading Cases Pale In Comparison To Legal Fees Paid, Ashley Kobi

Intellectual Property Brief

No abstract provided.

Australian Band Men At Work To Pay For Copyright Infringement, Jack Korba

Intellectual Property Brief

No abstract provided.

Thailand Thumbs Nose At Ustr, Makes Affordable Aids Treatment Top Priority, Greg Lultschik

Intellectual Property Brief

No abstract provided.