Intellectual Property Law Commons^™

“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights, Joan Elise Jackson

Pace Law Review

No abstract provided.

Standards, Patents, And The National Smart Grid, Jorge L. Contreras

Pace Law Review

No abstract provided.

Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin

Pepperdine Law Review

No abstract provided.

Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan Stroud

Scholarly Articles in Law Reviews & Journals

Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …

Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier

Pepperdine Law Review

No abstract provided.

An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee

Pepperdine Law Review

No abstract provided.

The Prosecution Of Trade Secrets Thefts Under Federal Law, Peter J. G. Toren

Pepperdine Law Review

No abstract provided.

The Washington Redskins Case And The Doctrine Of Disparagement: How Politically Correct Must A Trademark Be?, Kimberly A. Pace

Pepperdine Law Review

No abstract provided.

The Patent Remedy Dynamic [Georgetown-Stanford Conference], Colleen Chien

Faculty Publications

Panel discussion on the NPEs, patent damages, including review of expert testimony, the effect of RAND and other policies on standard-setting cases at the ITC and in district courts, and other patent remedy issues.

The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits, Sean B. Karunaratne

Michigan Law Review

Today, the most popular peer-to-peer file-sharing medium is the BitTorrent protocol. While BitTorrent itself is not illegal, many of its users unlawfully distribute copyrighted works. Some copyright holders enforce their rights by suing numerous infringing BitTorrent users in a single mass lawsuit. Because the copyright holder initially knows the putative defendants only by their IP addresses, it identifies the defendants anonymously in the complaint as John Does. The copyright holder then seeks a federal court's permission to engage in early discovery for the purpose of learning the identities behind the IP addresses. Once the plaintiff knows the identities of the …

Towards A Critical Ip Theory: Copyright, Consecration, And Control, John Tehranian

BYU Law Review

No abstract provided.

Traditional Knowledge, Cultural Expression, And The Siren's Call Of Property, Justin Hughes

Articles

Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.

Overdue North: Canada Finally Passes New Copyright Law, Carrie Sager

Intellectual Property Brief

No abstract provided.

First Sale Doctrine - Kirtsaeng V. John Wiley & Sons, Alison Keeley

Intellectual Property Brief

No abstract provided.

New Gtlds, New Problems, Amer Raja

Intellectual Property Brief

No abstract provided.

Going For Gold In Trademark Enforcement: Olympic Branding, Chelsea Zimmerman

Intellectual Property Brief

No abstract provided.

Seeing Red: Nasa Hit With Bogus Copyright Claimover Mars Rover Video, Priya Mahajan

Intellectual Property Brief

No abstract provided.

Posner Speaks (Again) On Patent Reform: A Critique, Kathleen Hudik

Intellectual Property Brief

No abstract provided.

The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush

Intellectual Property Brief

No abstract provided.

Work With Your Head In The Clouds: The Impact Of Cloud Computing And Content Streaming On Copyright In The Entertainment Industry, Tamara Celine Winegust

Intellectual Property Brief

No abstract provided.

Unlimited Times: Dmca Anticircumvention Measures On Public Domain Films, Sarah Jordan

Intellectual Property Brief

No abstract provided.

As Unoriginal As They Wanna Be: Upholding Musical Parody In Campell V. Acuff-Rose Music, Inc., Gregory D. Deutsch

Pepperdine Law Review

No abstract provided.

Beware Of The Highwayman On The Information Superhighway: A Balanced Proposal To Protect Copyrights Within The National Information Infrastructure, Chandra Gehri Spencer

Pepperdine Law Review

No abstract provided.

Wet Footprints? Digital Watermarks: A Trail To The Copyright Infringer On The Internet, Rosemarie F. Jones

Pepperdine Law Review

No abstract provided.

The Principle Of Fair Notice: Is It Prudent Guidance For The Future Of Patent Law? , Georgia E. Kralovic

Pepperdine Law Review

No abstract provided.

Gray Days Ahead?: The Impact Of Quality King Distributors, Inc. V. L'Anza Research International, Inc. , William Richelieu

Pepperdine Law Review

No abstract provided.

The Termination Of Transfers Provision Of The 1976 Copyright Act: Is It Time To Alienate It Or Amend It?, Kathleen M. Bragg

Pepperdine Law Review

No abstract provided.

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.

America’S First Patents, Michael Risch

Florida Law Review

Courts and commentators vigorously debate early American patent history because of a spotty documentary record. To fill these gaps, scholars have examined the adoption of the Intellectual Property Clause of the Constitution, correspondence, dictionaries, and British and colonial case law. But there is one largely ignored body of information—the content of early patents themselves. While many debate what the founders thought, no one asks what early inventors thought—and those thoughts are telling. This Article is the first comprehensive examination of how early inventors and their patents should inform our current thoughts about the patent system.

To better understand our early …

The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks

Seattle University Law Review

While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …