Intellectual Property Law Commons^™

The Incompatibility Of Droit De Suite With Common Law Theories Of Copyright, Alexander Bussey

Fordham Intellectual Property, Media and Entertainment Law Journal

Although proponents have recently been attempting to strengthen droit de suite, or artists' resale royalty rights, throughout the world, all laws based on the right are flawed — so much so that further implementation would have almost none of the positive effects that its sponsors hope for. This is to say that droit de suite, which is meant to protect young artists, actually discourages the creation of art by young artists, and reduces the amount of money an artist can make from a sale. Furthermore, droit de suite conflicts with basic common law notions of copyright and property and is …

Patent Exhaustion And The Federal Circuit’S Deviant Conditional Sale Doctrine: Bowman V. Monsanto, Adam Garmezy

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

The Business Exemption Of § 110(5) Of The Copyright Act Violates International Treaty Obligations Under Trips: Will Congress Honor Its Commitments?, Charles Leininger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb

MU IR Day: April 11, 2013

Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.

Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret

MU IR Day: April 11, 2013

Copyright Primer: demystifying the law and best practices for librarians. Ignorance of the law is no longer acceptable and individuals can now be assessed astronomically high statutory damages per infringement. Join us for a frank and informative discussion regarding current copyright law and application in your library when working with digital publisher content. We don’t pretend to have all the answers but our team will share our MDS workflow for securing permissions for inclusion in the institutional repository for public access

Compulsory Licensing Of Gene Patents In The Public Interest, William G. Pagan M.S.

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook

Chicago-Kent Journal of Intellectual Property

The Supreme Court has expressly recognized the possibility of a First Amendment defense to copyright infringement claims, but it has never actually found such a defense to apply to a case before it. And nearly every year, Congress enacts or attempts to enact more legislation that restricts speech under the banner of the copyright clause. The problem is that the natural right of free speech is being depleted by the legislatively granted right of intellectual property, putting both individual liberty and the public good at risk. Congress and the courts both must begin to acknowledge that in the common law …

Shopping For Reversals: How Accuracy Differs Across Patent Litigation Forums, Teresa Lii

Chicago-Kent Journal of Intellectual Property

This study analyzes the rate of reversal on appeal of each district court for the most popular patent litigation forums in the United States. Alarmingly, this study finds that district courts which have been shopped for by litigants may also be the courts that are most often applying patent law erroneously. Among these districts is the notoriously patentee-friendly Eastern District of Texas, which has attracted huge volumes of litigants to its dockets in recent years.

Although forum shopping has always antagonized the fairness of civil proceedings, it is of special problem in the context of patent litigation. Where billions of …

Protecting Religious Identity With American Trademark Law, Steven John Olsen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

A Book By Any Other Name: E-Books And The First Sale Doctrine, Elizabeth Mckenzie

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Control-Alt-Incomplete? Using Technology To Assess "Digital Natives", Samantha A. Moppett

Chicago-Kent Journal of Intellectual Property

Law students matriculating today were “born digital.” As digital natives, they have never known a world without digital technology, and therefore, they think and process information differently than previous generations. Although law school student bodies have changed, law school assessment methods have remained static, with students nearly universally being evaluated entirely by one exam at the end of the course. Best Practices, the Carnegie Report, and more recently the ABA, have acknowledged that this system of evaluation is contrary to learning theory and that periodic assessment of student learning is crucial to improving the performance of both students and teachers. …

Reasonable Royalties And The Calculation Of Patent Damages: Reflections And Recommendations For A Fair And Adequate Calculating Basis Of Reasonable Royalties In Terms Of Harmonization Of China-Taiwan Regional Patent Laws, Chung-Lun Shen

Chicago-Kent Journal of Intellectual Property

Among the substantive issues of patent law, patent enforcement has received increasing focus in the global community. Owing to the intangibility of patents, and in view of the symmetry of exclusive rights with damages, courts and juries have difficulty calculating appropriate damages for patent infringement. Compared with the traditional calculation of patent damages, which rests upon the patentee’s losses or infringer’s profits, the basis of reasonable royalties provides a flexible concept for accommodating damages when the patentee cannot adequately prove damages, especially, when the patented or infringing products were not available in the market at the time of infringement. Until …

Just Undercompensation: The Idiosyncratic Premium N Eminent Domain, Brian A. Lee

Faculty Scholarship

No abstract provided.

Book Review: "Die Gemeinfreiheit: Begriff, Funktion, Dogmatik (The Public Domain: Concept, Function, Dogmatics)" By Alexander Peukert, Marketa Trimble

Scholarly Works

The reviewer considers a recent book by Alexander Peukert, the professor of civil and commercial law who specializes in international intellectual property law at Goethe University in Frankfurt am Main, Germany. Peukert has devoted the book to defining the limits of the public domain – the realm of intellectual activity in which works are free for anyone to use because the works are not protected by intellectual property rights, are protected but the protection has expired, are subject to an exception to the rights under the law, or are unprotected because the owner of the rights chooses not to enforce …

Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr

Michigan Journal of Race and Law

Cultural resources can be defined as "the tangible and intangible effects of an individual or group of people that define their existence, and place them temporally and geographically in relation to their belief systems and their familial and political groups, providing meaning to their lives." The field of cultural resources includes tangible items, such as land, sacred sites, and religious and finerary objects. The field also includes intangible knowledge and customs, such as tribal names, symbols, stories, and ecological, ethnopharmacological, religious, or other traditional knowledge. The tangible cultural resources of tribes can fall under the protection of statutes such as …

Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer Iii

West Virginia Law Review

No abstract provided.

Intellectual Property And Employee Selection, Elizabeth A. Rowe

UF Law Faculty Publications

In today’s marketplace, companies from Disney to Hooters are increasingly integrating their image into the service that they provide. This has come to be known as “branded service.” The human wearing the trade dress merges with the brand image. When a company chooses this strategy to differentiate itself from its competitors in the marketplace, it will often incorporate some intellectual property, and the result then necessarily influences hiring decisions. If a business decides not to hire a prospective employee because she does not fit the company’s image, and that decision is challenged under the antidiscrimination laws, to what extent should …

Update Needed? Digital Downloaders And The Innocent Infringer Defense, Colin Conerton

Washington Journal of Law, Technology & Arts

Over the past decade, the music industry has suffered unprecedented piracy and digital music has become increasingly prevalent on illegal websites. In response, the Recording Industry Association of America (RIAA) has filed lawsuits against many alleged copyright infringers who have illegally downloaded music from the Internet. A few of these alleged infringers, in an effort to reduce damages, claimed they were “innocent infringers.” Several courts ruled that the innocent infringer defense did not apply, based on 17 U.S.C. § 402(d), which precludes the defense if proper copyright notice appears on “phonorecords” (e.g., compact discs). The Supreme Court denied certiorari in …

Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein

IP Theory

No abstract provided.

Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen

IP Theory

No abstract provided.

A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye

IP Theory

No abstract provided.

The Expansion Of Trademark Rights In Europe, Irina Pak

IP Theory

No abstract provided.

The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva

IP Theory

No abstract provided.

Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook

IP Theory

No abstract provided.

Dissenting State Patent Regimes, Camilla A. Hrdy

IP Theory

No abstract provided.

Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts

IP Theory

No abstract provided.

Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park

Management Faculty Publications and Presentations

No abstract provided.

Genomics Unbound: The Scientific And Legal Case Against Patents Based On Naturally Occurring Dna Sequences, Fazal Khan

Scholarly Works

While there have been mixed opinions as to whether gene patents were dead in light of Prometheus,this Article argues that a proper understanding of patent law, genomics, and public policy concerns should lead to no other result. The primary focus of this piece is to rebut certain vested interests in the biotechnology industry and affirm the normative claim that gene patents improperly fetter genomics research and development. First, through the lens of the Myriad case, we will recount why there was such a strong public interest movement against recognizing such patents. Specifically, we will show how patents on naturally occurring …

Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati

Indonesian Journal of International Law

Ecuador’s decision to grant asylum to Julian Assange (Australian citizen) on August 16, 2012 has caused several impacts. Julian Assange, the founder of WikiLeaks, was arrested in Britain in connection with a Swedish investigation into accusations of sexual offenses. But United States Law enforcement official said that the fact that he was in custody did not affect their deliberations about whether he might be charged in this country in connection with publication of leaked government documents. Being disappointed with the decission, the British authorities sent a written notice to the Ecuador’s Embassy in London that they would assault the Embassy …

What's Immoral About Monsanto?: Strengthening The Roots Of The Moral Utility Requirement By Amending The U.S. Patent Act, Gary Gregory

Cardozo Journal of International and Comparative Law

The note advocates for integrating moral utility requirements into the U.S. patent system to address ethical concerns, particularly regarding transgenic seeds and their environmental and health impacts. It proposes adopting a balancing test, similar to the European Patent Office's approach, to weigh the benefits and harms of such inventions. This would allow courts to invalidate patents that cause significant harm, even if they offer economic benefits, thereby aligning the patent system with public morality and societal values.