Intellectual Property Law Commons^™

Patenting Genes And Genetic Methods: What's At Stake?, Eileen M. Kane

Journal of Business & Technology Law

No abstract provided.

Property In Law: Government Rights In Legal Innovations, Stephen Clowney

Law Faculty Scholarly Articles

One of the most enduring themes in American political thought is that competition between states encourages legal innovation. Despite the prominence of this story in the national ideology, there is growing anxiety that state and local governments innovate at a socially suboptimal rate. Academics have recently expressed alarm that the pace of legal experimentation has become "extraordinarily slow," "inefficient," and "less than ideal." Ordinary citizens, too, seem concerned that government has been leeched of imagination and the dynamic spirit of experimentation; both talk radio programs and newspapers remain jammed with complaints about legislative gridlock and do-nothing politicians who cannot, or …

Small Business Strategies Series: Patents & Trademarks, Robert Berry

Librarian Publications

A November 14 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry

Librarian Publications

A November 10, 2011 presentation by Amy Jansen, Business Librarian at Sacred Heart University and Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Business Roundtable: Patents & Trademarks, Robert Berry

Librarian Publications

An October 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul Heald

Buffalo Law Review

No abstract provided.

Fair Use As A Matter Of Law, Ned Snow

Faculty Publications

Courts have recently abandoned the centuries-old practice of construing fair use as an issue of fact for the jury. Fair use now stands as an issue of law for the judge. This change is threatening traditional contours of copyright law that protect fair-use speech. Courts, then, must reform their current construction of fair use by returning to its origins— fair use as a factual matter for the jury. Yet even if courts do construe fair use as a matter of fact, the question remains whether courts should ever decide fair use as a matter of law. To answer this question, …

An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement (Acta), Margot E. Kaminski

Joint PIJIP/TLS Research Paper Series

The Anti-Counterfeiting Trade Agreement (ACTA), a plurilateral intellectual property agreement developed outside of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), represents an attempt to introduce maximalist intellectual property standards in the international sphere, outside of existing institutional checks and balances. ACTA is primarily a copyright treaty, masquerading as a treaty that addresses dangerous medicines and defective imports. The latest ACTA draft, which is the final text available to the public before the signed text is released, contains significant shifts away from earlier draft language towards more moderate language, although it poses the same institutional problems …

No Bitin’ Allowed: A Hip-Hop Copying Paradigm For All Of Us, Horace E. Anderson Jr.

Elisabeth Haub School of Law Faculty Publications

It is long past time to reform the Copyright Act. The law of copyright in the United States is at one of its periodic inflection points. In the past, major technological change and major shifts in the way copyrightable works were used have rightly led to major changes in the law. The invention of the printing press prompted the first codification of copyright. The popularity of the player piano contributed to a reevaluation of how musical works should be protected. The dawn of the computer age led to an explicit expansion of copyrightable subject matter to include computer programs. These …

Intellectual Property Rights In Sub-Saharan Africa, Sope Adegoke

CMC Senior Theses

Globalization of the world economy has made knowledge a critical element of effectiveness in the world economy. Current economic and trade conditions change rapidly and require constant improvement to ensure economic development. These conditions stimulate innovation and improvements in technology, designs, and other tangible and intangible assets. Most Sub-Saharan African countries have not exploited the benefits that intellectual property rights offer to its users, despite considerable improvements to existing knowledge and options for protecting knowledge. Strong intellectual property laws are important for effective incentives to invent continuously. It is important to provide some form of compensation and guarantee that their …

The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi

CMC Senior Theses

In December of 2010, Costco v. Omega came down from the Supreme Court. The Switzerland-based watchmaker Omega sold Seamaster Collection watches, which were affixed with its copyrighted logo, in the United States as well as in foreign markets. Omega priced watches in the United States market higher than elsewhere. Costco obtained Omega’s watches from a third party that had purchased the watches abroad, then sold them at its membership warehouses for cheaper prices than authorized Omega dealers in the United States. Consequently, Omega sued Costco for copyright infringement. Costco pursued a defense based on the first sale doctrine in response. …

Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz

Articles

Intellectual property (IP) sits at the center of the global economy. Today, producers and users of intellectual property come from both developed and developing nations. Intellectual property matters as much to China and India as it does to Germany and the United States. This reality has driven a monumental demand for lawyers who have expertise in intellectual property law. These lawyers are the new leaders in intellectual property law.

The global demand for intellectual property law-trained lawyers triggered a "big bang" in the creation of advanced intellectual property law programs (IP Programs) at American law schools. The new leaders in …

The "Three Strikes" Policy In Korean Copyright Act 2009: Safe Or Out?, Sun-Young Moon, Daeup Kim

Washington Journal of Law, Technology & Arts

Korea has grown to be one of the Internet powers in a short period. Because of insufficient copyright protection, Korea recently revised the Korean Copyright Act to reinforce protection of copyright and promote sound distribution of copyrighted works. The new law allows the Minister of Culture, Sports and Tourism to issue orders and the Korea Copyright Commission to issue recommendations. Orders and recommendations are distinguished by the subject of the issuance and the legal force. Orders and recommendations enable online service providers to delete or stop transmission of illegal reproductions, give warning notices to infringers, or suspend the account of …

Collective Rights Licensing For Internet Downloads And Streams: Would It Properly Compensate Rights Holders, Steven Masur

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

New Business Models For Music, Henry H., Perritt Jr.

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman

Articles

No abstract provided.

Brand Renegades, Jeremy N. Sheff

Faculty Publications

Recent appearances of trademarks in popular culture-in rap lyrics, on reality TV shows, even in youth riots have raised the question whether the owners of those trademarks might pursue legal remedies to protect their brands from unwanted social associations. This Article argues that they cannot, and that we should understand this limitation on trademark rights as grounded in a principle that consumption of certain brands is an expressive act that First Amendment principles place outside trademark owners' control.

A Right Is Born: Celebrity, Property, And Postmodern Lawmaking, Mark Bartholomew

Journal Articles

This Article challenges the standard account of the creation of the right of publicity. In the legal literature, the prevailing narrative is of the right of publicity being intimately linked to the commodification of celebrity. Ultimately, however, there is more to the story of the right of publicity than the decision to protect something of economic value. It took decades after it had become clear that celebrities could be valuable commercial spokespersons for lawmakers to agree to make the right inheritable, separate from the dignitary right of privacy, and potentially applicable to any economic, secondary use that invoked the celebrity …

"Capital" Punishment: Evaluating An Investor's Secondary Copyright Infringement Liability After Veoh, James L. Proctor Jr.

Washington Journal of Law, Technology & Arts

In UMG Recordings, Inc. v. Veoh Networks, Inc., the U.S. District Court for the Central District of California considered claims that investors in a privately-held corpor-ation were secondarily liable for copyright infringement. The Veoh court findings, which set out current secondary copy-right infringement law, provide guidance for investors by clarifying their potential liability for copyright infringement committed by the company in which they invested. However, because the decision was fact-specific, this guidance is incomplete. For example, the court found that the investor neither controlled the infringing activities nor reaped direct financial benefit from them. This leaves open for further …

Exportability's Effect On Process Patent Enforcement: Why § 271(F) Export Restrictions Do Not Apply To Intangible Process Claims, Homer Yang-Hsien Hsu

Washington Journal of Law, Technology & Arts

Congress enacted 35 U.S.C. § 271(f) to broaden U.S. patent protection and prohibit shipping patented devices in smaller components for assembly overseas. Section 271(f) creates an infringement cause of action for sending comp-onents outside the United States for assembly. Whether § 271(f)—which clearly applies to physical things—also applies to process claims has been hotly debated. In Cardiac Pacemakers, Inc. v. St. Jude Med Inc., the United States Court of Appeals for the Federal Circuit held that § 271(f) does not apply to process claims because a compo-nent of a process claim is an intangible step that cannot be physically …

How Much Is Too Much? Copyright Protection Of Short Portions Of Text In The United States And European Union After Infopaq International A/S V. Danske Dagblades, Connor Moran

Washington Journal of Law, Technology & Arts

The recent case Infopaq International A/S v. Danske Dagblades Forening decided by the Court of Justice for the European Union could influence businesses that summarize or aggregate content. Under this ruling, excerpts of copy-righted material unproblematic in the United States could invite liability if reproduced in European Union member states. In the United States, copying words or phrases only infringes a copyright where those words or phrases are particularly unique or core to the original work. By contrast, the European Union Information Society Directive provides an exclusive right to even partial reproductions. In the Infopaq case, the European Court of …

Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Copyright As Property In The Post-Industrial Economy: A Research Agenda, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The incentives-for-authors formulation of copyright’s purpose is so deeply ingrained in our discourse and our thought processes that it is astonishingly hard to avoid invoking, even when one is consciously trying not to do so. Yet avoiding that formulation is exactly what we ought to be doing. Everything we know about creativity and creative processes suggests that copyright plays very little role in motivating creative work. In the contemporary information society, the purpose of copyright is to enable the provision of capital and organization so that creative work may be exploited. And the choice of copyright as a principal means …

Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, Lateef Mtima, Steven D. Jamar

NYLS Law Review

No abstract provided.

The Why In Diy Book Scanning, Daniel Reetz

NYLS Law Review

No abstract provided.

Keynote Panel: What In The Heck Is Going On, Richard Hilleman, Evan Hirsch, Joseph Olin, Randy Pitchford

SMU Science and Technology Law Review

No abstract provided.

Privacy: Problems And Solutions, Jennifer Archie, Andrew S. Ehmke, Joshua Fairfield, Berin Szoka

SMU Science and Technology Law Review

No abstract provided.

Digital Distribution: Is It Really Finally Here, Robert Brown, Shawn Freeman, Michael Klotz, Steve Nix, Tom Paquin

SMU Science and Technology Law Review

No abstract provided.

Jagex Ltd. V. Impulse Software: An Almost Big Win For Online-Gaming Software Developers, Holly Guest

SMU Science and Technology Law Review

No abstract provided.

Downstream Copyright Infringers, Yvette Joy Liebesman

All Faculty Scholarship

The advent of on-line music sales has been a boon to the recording industry as well as for musicians and the general public. Previously unknown artists have found new avenues to showcase their work, and consumers have easy access to an enormous variety of musical genres.

Yet an unintended consequence of the ability to sell songs through internet downloads is a novel, and until now, unnoticed way to infringe on copyrights - which, unless remedied, could lead to new classes of defendants never contemplated or desired to be ensnared in the Copyright Act’s protections for artists, musicians and authors. Unlike …