Intellectual Property Law Commons^™

Culture Andintellectual Property Development In Indonesia, Agus Sardjono

Indonesia Law Review

The conception of Intellectual Property Right (IPR) is generally misunderstood by among common people. In order to obtain a more comprehensive understanding of IPR, we may as well start with the most dominant point of view, namely that from the perspective of the State and Government.This point of view is dominant because the State and Government are the institutions which havethe authority to make law, to implement law and to interpret the law in the various forms of itsimplementation. A study of IPR can be taken from wider view, as cultural perspectivetake the approach of looking at various events related …

United States Department Of Commerce Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

US DOC SIP

Intellectual Property, Copyright, And Piracy: A Cultural View, Steven W. Staninger

Copley Library: Faculty Scholarship

Religion plays a major role in determining culture, and has an important effect on how laws are both written and enforced. The concept of intellectual property varies in different cultural traditions, and the dominant religion of a culture plays a major role in the how copyright is viewed and if it is respected or enforced. This paper briefly evaluates the cultures of three major religious and intellectual traditions to determine what, if any, effect their beliefs and values have on the respect for and enforcement of laws defending intellectual property and copyright.

A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

Every year academic libraries spend millions of dollars to provide their users access to copyrighted works. Much of that money goes not toward purchasing physical copies of books or journals, but toward licensing electronic content from publishers. In those electronic license agreements, the default rules for how users interact with copyrighted content is often altered, and academic library users are deprived of basic rights — especially rights such as fair use — which are granted under federal copyright law. The literature is flush with discussion of the misuse of private contracts to alter the rights granted by Congress in copyright’s …

Smartphone, Dumb Regulations: Mixed Signals In Mobile Privacy, Christian Levis

Fordham Intellectual Property, Media and Entertainment Law Journal

The smartphone has turned a user’s location into valuable information. Users of smart devices can use location-based mobile services to get driving directions, check into social networks, or even see which of their friends are around. But the use of this technology, and the new type of data created by it, raises privacy concerns as to who has access to one's location-based information. Because the only legislation covering this technology, the Electronic Communications Privacy Act, is more than twenty-five years old, courts encounter problems when trying to use it to resolve these privacy issues, often reaching illogical results. This Note …

Celebrity Endorsements In Non-Traditional Advertising: How The Ftc Regulations Fail To Keep Up With The Kardashians, Leah W. Feinman

Fordham Intellectual Property, Media and Entertainment Law Journal

Advertisers have used the rise of reality television, social media, and the public's fascination with celebrities to connect with consumers in new and non-traditional ways. With these new techniques come new concerns over consumer protection. When an advertisement does not look like an advertisement, consumers can easily be misled. In 2009, the FTC implemented a set of Guides which were intended to clarify and interpret the regulations enforced by the FTC, and advise the public on how to conduct affairs regarding sponsorship disclosure, specifically in new media. As the note describes, the Guides are insufficient as applied to non-traditional advertising …

Breaking Through The "Tower Of Babel": A “Right To Be Forgotten" And How Trans-Systemic Thinking Can Help Re-Conceptualize Privacy Harm In The Age Of Analytics, Karen Eltis

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Multi-National Patent Litigation: Management Of Discovery And Settlement Issues And The Role Of The Judiciary, James Pooley, Vicki Huang

Fordham Intellectual Property, Media and Entertainment Law Journal

National patent laws protect intellectual property rights. However, these rights can only be enforced in the country that granted the patent. Therefore, a patent owner must pursue infringement or revocation proceedings in each country where his patent rights are challenged even if the defendant is the same party. Patent owners are forced to pursue duplicative litigation on a nation-by-nation basis,incurring significant costs and draining valuable judicial resources. Duplicative litigation may result in conflicting outcomes, the impact of which can be complex and costly.... This article will focus on Germany, Japan, the United Kingdom, and the United States. First, we will …

A Nation Of One? Community Standards In The Internet Era, Noah Hertz-Bunzl

Fordham Intellectual Property, Media and Entertainment Law Journal

This note examines tensions between the community standards doctrine in First Amendment obscenity law and nationwide prosecutions of internet obscenity. The note focuses on recent cases on the topic, especially in the Supreme Court and the Ninth Circuit Court of Appeals.

Brief Of The Intellectual Property Amicus Brief Clinic Of The University Of New Hampshire School Of Law As Amicus Curiae In Support Of Neither Party, Susan M. Richey, John M. Greabe, Keith M. Harrison, J. Jeffrey Hawley

Law Faculty Scholarship

Amicus brief filed by the Intellectual Property Amicus Brief Clinic of the University of New Hampshire School of Law with the United States Court Of Appeals For The Ninth Circuit regarding United States v. Xavier Alvarez, Docket No. 11-210

Public Interest Analysis Of The Us Tpp Proposal For An Ip Chapter, Sean Flynn, Margot E. Kaminski, Brook K. Baker, Jimmy H. Koo

Joint PIJIP/TLS Research Paper Series

This briefing paper provides preliminary analysis of two leaked U.S. proposals for an intellectual property chapter in the Trans Pacific Partnership (TPP) agreement. The U.S. proposal, if adopted, would create the highest intellectual property protection and enforcement standards in any free trade agreement to date. Its provisions are primarily based on, and frequently go beyond, the maximalist and controversial standards of the Korea-US Free Trade Agreement (KORUS), the Anti-Counterfeiting Trade Agreement (ACTA) and US law, while negating the development-oriented flexibilities required by the 2007 New Trade Deal for developing countries and included in the US-Peru Free Trade Agreement. If adopted, …

Separating The Sheep From The Goats: Celebrity Satire As Fair Use, Nicholas D. Sirabella

Cardozo Law Review

No abstract provided.

Antibiotic Resistance, Jessica Litman

Law & Economics Working Papers

In this essay, written for the 30th Anniversary of Cardozo’s Arts and Entertainment Law Journal, I revisit the ruinous litigation strategy copyright owners pursued after Napster to secure control of the market for personal uses of copyrighted works, which I wrote about ten years ago in War Stories, 20 Cardozo Arts & Ent. L.J. 337 (2002). The litigation campaign had effects that copyright owners now have reason to regret. Medical experts tell us that powerful antibiotics are highly effective in killing off both good and bad bacteria, but at a significant risk. Bugs that survive the treatment grow bigger, stronger, …

Inventing Norms, William Hubbard

All Faculty Scholarship

Patent law strives to promote the progress of technology by encouraging invention. Traditionally, scholars contend that patent law achieves this goal by creating financial incentives to invent in the form of exclusive rights to new technology. This traditional view of invention, however, fails to recognize that inventors are motivated by more than money. Like most people, inventors are also motivated by social norms, that is, shared normative beliefs favoring certain actions while disfavoring others. This Article argues that many Americans embrace social norms that favor and encourage successful invention. Because of these "inventing norms" inventors enjoy enhanced personal satisfaction and …

Why Full Open Access Matters, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.

Why Full Open Access Matters, Michael Carroll

Scholarly Articles in Law Reviews & Journals

This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.

Copyright For Couture, Loni Schutte

Duke Law & Technology Review

Fashion design in America has never been covered by the extensive intellectual property (IP) protections afforded to other categories of creative works or to the art in other countries. As a result, America has become a safe haven for design pirates. Piracy disproportionately harms young designers who do not have established trademarks for their brands and must rely purely on creativity to propel their designs into the market. H.R. 2511 is a bill that aims to extend copyright protection to fashion designs, albeit narrowly. Compared with previous proposals to extend effective IP protection to fashion design, H.R. 2511 is more …

Checking The Staats: How Long Is Too Long To Give Adequate Public Notice In Broadening Reissue Patent Applications?, David M. Longo Ph.D., Ryan P. O’Quinn Ph.D.

Duke Law & Technology Review

A classic property rights question looms large in the field of patent law: where do the rights of inventors end and the rights of the public begin? The right of inventors to modify the scope of their claimed inventions, even after the patent issues, is in direct tension with the concepts of public notice and the public domain. The Patent Act currently permits broadening of claims so long as a reissue application demonstrating intent to broaden is filed within two years of the original patent issue. Over the years, however, this relatively straightforward statutory provision has sparked numerous disputes over …

The Accession Insight And Patent Infringement Remedies, Peter Lee

Michigan Law Review

What is the appropriate allocation of rights and obligations when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good faith improver may take title to such improved property, subject to compensating the original owner for the value of the source materials. While shifting title to a converter seems like a remarkable remedy, this outcome merely underscores the equitable nature of accession, which aims for fair allocation of property rights and compensation between two parties who both have plausible claims to an improved asset. This Article draws upon accession-a physical property doctrine …

Publishing Conference Proceedings And Events With Digitalcommons@Wsu, Jonathan Mcglone

Open Access Week

Learn how you can organize and present conference and event information on the web using DigitalCommons@WSU.

What Can I Do With This?: Deciphering Copyright And License Notices, Benjamin J. Keele, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

Publishing Open Access Journals With Digital Commons, Jonathan Mcglone

Open Access Week

Learn how the Library can help you launch an Open Access Journal using DigitalCommons publishing software.

Digitalcommons@Wsu: Visibility Of Your Scholarship Matters, Dave Stout

Open Access Week

Wayne State University Libraries is taking a leadership role in helping scholars at Wayne distribute their scholarship and creative works via the Digital Commons service. Why is this important to you? Because visibility of your academic output to other scholars and stakeholders, around the world, is important. Digital Commons helps to remove barriers (paywalls, access restrictions, etc...) to your scholarship that is a common aspect of traditional commercial publishing avenues, and increases the global reach of your scholarship. It's easy, effective, and it works!

Join Dave Stout, Director of Sales for Digital Commons at Berkeley Electronic Press, to learn more …

Readers' Copyright, Jessica Litman

Open Access Week

An open lecture on reclaiming copyright for readers, listeners, and viewers, given by University of Michigan Law professor Jessica Litman.

A system of copyright protection makes little sense unless it is designed to encourage the use and enjoyment of the works it induces authors to create and publishers to disseminate. Litman argues that a clear-eyed examination of copyright's history reveals that solicitude for readers and members of the audience is, in fact, deeply encoded in copyright's DNA. Recently, readers' interests have faded in apparent importance in the copyright scheme in ways that have unbalanced the copyright system, and undermined public …

What Is Open Access?, Jonathan Mcglone

Open Access Week

Come learn about the growing electronic publishing movement that seeks free access to scholarly materials -- Open Access. WSU Scholarly Communications Librarian Jon McGlone will introduce the topic, share examples of Open Access across North America and at Wayne State, and address some of the basic questions and issues Open Access raises.

Scholarly Communications Outreach: A Workshop For Librarians, Wsu Libraries Scholarly Communications Team

Open Access Week

This workshop will help liaison librarians in their scholarly communications and open access outreach efforts with faculty. Workshop will incorporate current videos created by BePress on outreach and discussion of these videos, and teach librarians the process behind adding faculty contributions to DigitalCommons@WSU, focusing on how to conduct permissions and rights checks for faculty publications that may be good additions to DigitalCommons@WSU and the deposit process.

Cablevision's Remote Dv-R System And A Solution For The Digital-Recording Age, Justin M. Jacobson

Touro Law Review

No abstract provided.

The Ethics Of Genetic Patenting And The Subsequent Implications On The Future Of Health Care, Suzanne Ratcliffe

Touro Law Review

No abstract provided.

Trademark Protection Of Color Alone: How And When Does A Color Develop Secondary Meaning And Why Color Marks Can Never Be Inherently Distinctive, Diane E. Moir

Touro Law Review

No abstract provided.

Bilski's Effect On Patent Law: Patentable Processes Under 35 U.S.C. § 101, Sharon Barkume

Touro Law Review

No abstract provided.