Intellectual Property Law Commons^™

A Pasture Theory Of Creative Controls: A New Approach To Copyright And Patent Subject Matter Overgrowth, Maximilian Meese

William & Mary Law Review

No abstract provided.

Intellectual Property And The Presumption Of Innocence, Irina D. Manta

William & Mary Law Review

Our current methods of imposing criminal convictions on defendants for copyright and trademark infringement are constitutionally defective. Previous works have argued that due process under the Sixth Amendment requires prosecutors to prove every element of a crime beyond a reasonable doubt, including the jurisdictional element. Applying this theory to criminal trademark counterfeiting results in the conclusion that prosecutors should have to demonstrate that an infringing mark needs to have traveled in or affected interstate commerce, which currently is not mandated. Parallel to this construction of the Commerce Clause, criminal prosecutors would also have to prove that Congress has the power …

Verbal Speech Versus Visual Art: Evidence Of Unequal First Amendment Protection In Right Of Publicity Jurisprudence, Daniel Forman

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Keeping The Gates Open For Human Embryonic Stem Cell Research, Ren-How Harn

Cardozo Public Law, Policy & Ethics Journal

Human embryonic stem cell research represents an area of scientific progress that promises to deliver on the wonders mankind has thus far only seen in science fiction movies. However, ethical and legal concerns threaten to stifle research in an area often regarded as the holy grail of regenerative medicine. This Note analyzes the question in patent law of whether human embryonic stem cells constitute patentable subject matter under 35 U.S.C. §101 from a legal and policy perspective after the 2013 Supreme Court decision in Association for Molecular Pathology v. Myriad. The issue has generated recent interest and debate with …

Brief Of Amici Curiae Law Professors In Support Of Defendant-Appellee National Football League, Rebecca Tushnet, Mark Mckenna

Court Briefs

No. 14-3428
John Frederick Dryer v. National Football League

On Appeal from the United States Distric Court for the District of Minnesota, Civ. No. 09-02182 (PAM/FLN), Hon. Paul A. Magnuson

From the Summary of Argument

Based on the undisputed facts, the NFL’s films in this case are noncommercial speech; their profit-seeking and brand-building nature are standard features of noncommercial speech. Truthful, nondefamatory noncommercial speech deserves full First Amendment protection, and there is no justification for allowing Appellants to control speech about them in this case.

Separately, Appellants’ right of publicity claims are preempted by the Copyright Act, which allows owners …

International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Licensing Of Intellectual Property Rights, Mark Joelson

Georgia Journal of International & Comparative Law

No abstract provided.

The Transfer Of Technology And Unclos Iii, Douglas Yarn

Georgia Journal of International & Comparative Law

No abstract provided.

Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Protection Of Computers And Computer Software Before The United States International Trade Commission: In Re Certain Personal Computers And Components Thereof, Nicholas N. Leach

Georgia Journal of International & Comparative Law

No abstract provided.

Annual Survey Of Developments In International Trade Law: 1984, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

10 Things You Should Know About...Scholarly Communication, Molly Keener, Joy Kirchner, Sarah Shreeves, Lee Van Orsdel

Copyright, Fair Use, Scholarly Communication, etc.

For its general concept, the authors are deeply indebted to the EDUCAUSE “Seven Things You Need to Know About…” reports.

Toward A "Digital Transfer Doctrine"? The First Sale Doctrine In The Digital Era, Sarah Reis

Northwestern University Law Review

The first sale doctrine in copyright law allows a person who owns a copy of a copyrighted work to sell, lend, or give away the copy to someone else. An owner of a copy of a copyrighted work can take advantage of the first sale doctrine, but a licensee cannot. In today’s digital environment, people are increasingly purchasing digital music files and e-books instead of CDs and physical books. Customers often mistakenly believe they become owners of the digital content they purchase when in actuality they merely become licensees most of the time. Licensing agreements impose use restrictions on digital …

The Death Of Fair Use In Cyberspace: Youtube And The Problem With Content Id, Taylor B. Bartholomew

Duke Law & Technology Review

YouTube has grown exponentially over the past several years. With that growth came unprecedented levels of copyright infringement by uploaders on the site, forcing YouTube’s parent company, Google Inc., to introduce a new technology known as Content ID. This tool allows YouTube to automatically scan and identify potential cases of copyright infringement on an unparalleled scale. However, Content ID is overbroad in its identification of copyright infringement, often singling out legitimate uses of content. Every potential case of copyright infringement identified by Content ID triggers an automatic copyright claim on behalf of the copyright holder on YouTube and subsequently freezes …

United States National Science Foundation (Nsf) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (March 2015)

Copyright, Fair Use, Scholarly Communication, etc.

NSF response to OSTP memo, 2013: Public Access Plan (March 2015)

A Shifting Landscape For Shifting Fees: Attorney-Fee Awards In Patent Suits After Octane And Highmark, Darin Jones

Washington Law Review

Section 285 of the Patent Act authorizes courts to award attorney fees to the prevailing party in patent litigation in “exceptional cases.” Until recently, interpretation of § 285 had been governed by a highly restrictive formulation set forth by the United States Court of Appeals for the Federal Circuit. In April 2014, the United States Supreme Court released a pair of decisions—Octane Fitness v. ICON Health & Fitness, and Highmark Inc. v. Allcare Health Management System, Inc.—that rejected the Federal Circuit’s interpretation of § 285 and reinvigorated the potential for fee shifting in patent suits. This Note …

Administrating Patent Litigation, Jacob S. Sherkow

Washington Law Review

Recent patent litigation reform efforts have focused on every branch of government—Congress, the President, and the federal courts—save the fourth: administrative agencies. Agencies, however, possess a variety of functions in patent litigation: they serve as “gatekeepers” to litigation in federal court; they provide scientific and technical expertise to patent disputes; they review patent litigation to fulfill their own mandates; and they serve, in several instances, as entirely alternative fora to federal litigation. Understanding administrative agencies’ functions in managing or directing, i.e., “administrating,” patent litigation sheds both descriptive and normative insight on several aspects of patent reform. These include several problems …

The Stm Report: An Overview Of Scientific And Scholarly Journal Publishing, Mark Ware, Michael Mabe

Copyright, Fair Use, Scholarly Communication, etc.

Contents

Executive summary ● Scholarly communication ● The research cycle ● Types of scholarly communication ● Changes in scholarly communication system ● The journal ● What is a journal? ● The journals publishing cycle ● Sales channels and models ● Journal economics and market size ● Journal and articles numbers and trends ● Global trends in scientific output ● Authors and readers ● Publishers ● Peer review. ● Reading patterns ● Disciplinary differences ● Citations and the Impact Factor ● Costs of journal publishing ● Authors’ behaviour, perceptions and attitudes ● Publishing ethics ● Copyright and licensing ● Long term …

A Generation Of Patent Litigation, Michael Risch

San Diego Law Review

This Article builds on the very best parts of current cross-sectional work by adding a longitudinal component that finds every case that asserted a set of patents and then separately tracing the outcome of every patent asserted in each of those cases. Part II discusses the debate about patent troll litigation. It focuses on how other studies have measured patent quality through patent litigation data. Part III discusses this study’s methodology: the collection of data about highly litigious NPEs and a control group of randomly selected nonNPEs. It describes how the cases were selected and the data collected in different …

The Zombie First Amendment, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Scholarly and popular critiques of contemporary free speech jurisprudence have noted an attitude of unquestioning deference to the political power of money. Rather than sheltering the ability to speak truth to power, they have lamented, the contemporary first amendment shelters power’s ability to make and propagate its own truth. This essay relates developments in recent first amendment jurisprudence to a larger struggle now underway to shape the distribution of information power in the era of informational capitalism. In particular, it argues that cases about political speech — cases that lie at the first amendment’s traditional core — tell only a …

Law, History And Lessons In The Crispr Patent Conflict, Jacob S. Sherkow

Articles & Chapters

Predicting the outcome of the ongoing patent disputes surrounding genome-editing technology is equal parts patent analysis and history.

Genome-editing technology based on clustered, regularly interspaced, short palindromic repeats (CRISPR) and CRISPR associated protein 9 (Cas9) has generated great excitement in both academia and industry. But a potential patent dispute between two sets of inventors has left the biotech community pondering its fate. Understanding several facets of patent law and history may provide some lessons about the probable — and best — outcome for the dispute.

Fair Use Fundamentals, Association Of Research Libraries, Yippa

Copyright, Fair Use, Scholarly Communication, etc.

Copyright law is a carefully balanced system meant to encourage creativity as well as cultural and scientific progress. The law encourages authors by giving them limited control over certain uses of their works, and it encourages everyone (including authors) to use existing cultural and scientific material without permission, under certain circumstances, to engage in a wide variety of vital activities. Many parts of the law favor the freedom to use culture, but by far and away the most flexible, powerful, and universal user’s right is fair use. As you’ll see below: fair use is a right, fair use is vitally …

Testimony Before The House Committee On Energy And Commerce, Hearing On Patent Demand Letter Practices And Solutions, Paul Gugliuzza

Faculty Scholarship

A small number of patent holders have been abusing the patent system. These patent holders blanket the country with thousands of letters demanding that the recipients purchase a license for a few thousand dollars or else face an infringement suit. The letters are usually sent to small businesses and nonprofits that do not have the resources to investigate allegations of patent infringement. And the letters often contain false or misleading statements designed to scare the recipient into purchasing a license without investigating the claims of infringement. In an attempt to address this problem, eighteen states have recently passed statutes that, …

Surveying The Field: The Role Of Surveys In Trademark Litigation, Laura A. Heymann

Popular Media

No abstract provided.

Frand And Compulsory Licenses: Analysis And Comparison, Srividhya Ragavan, Raj S. Davé

Faculty Scholarship

This section compares two different forms of licenses being FRAND and complusory license. Both forms of licenses are critical to achieve access to otherwise difficult to access technologies. The FRAND licenses have been widely embraced, especially in the software, mobile phones, and communications sectors. Compulsory licenses have been sparingly used by Governments where the public's need for the invention was considered to over-weigh the needs of the patentee, essentially for pharmaceuticals. Compulsory licenses have been universally criticized for being an imposed burden on the patentee. In comparing these two forms of licenses, this section outlines that despite the obvious differences …

Rli 285: Research Library Issues: A Report From Arl, Cni, And Sparc 2015 -- Special Issue On Copyright, Prudence Adler, Brandon Butler, Jonathan Band, Krista Cox

Copyright, Fair Use, Scholarly Communication, etc.

In “Fair Use Rising: Full-Text Access and Repurposing in Recent Case Law,” Brandon Butler, practitioner-in-residence at the American University Washington College of Law, reviews six recent fair use decisions that cut across many socially important and beneficial purposes. He highlights the trend of courts finding in favor of allowing “the broad redistribution of unaltered, full-text documents for new purposes.” Butler explains how this trend presents new opportunities for research libraries to use and re-purpose the full text of copyrighted works in their collections.

Exploring the implications of one critically important case for research libraries, Jonathan Band, legal counsel to the …

Between Scylla And Charybdis: Patentability And Morality Related To Human Embryonic Stem Cells, Li Jiang

Intellectual Property Brief

No abstract provided.

My Online Me: Why Gamers Should Turn To California’S Right Of Publicity Laws In Protecting Their Online Avatars, Breanne Hoke

Intellectual Property Brief

No abstract provided.

The New Gtld Program Or The More Things Change The More Things Stay The Same, Jack Vidovich

Intellectual Property Brief

No abstract provided.

The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris

Georgia Journal of International & Comparative Law

No abstract provided.