Intellectual Property Law Commons^™

The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati

Indonesia Law Review

Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors’ LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing …

Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Contents

Georgia Journal of International & Comparative Law

No abstract provided.

Regulating Secrecy, W. Nicholson Price Ii

Articles

Inventors face a stark choice between two intellectual property systems of protecting innovative ideas: patents and trade secrecy. But accounts of this choice underexplore the role of the regulators that dominate some areas of innovation. Regulation interacts with intellectual property exclusivity in socially problematic ways by encouraging secrecy at the expense of innovation, efficiency, and competition. This Article theorizes how regulation empowers intellectual property generally, explains why this strengthening is problematic for trade secrecy but not for patents, and offers the solution of regulator-enforced disclosure. When a regulator defines a product or a process, it becomes much harder to successfully …

Copyright Law’S Origin Stories, Laura A. Heymann

Popular Media

No abstract provided.

Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler

Duke Law & Technology Review

Digital technologies present museums with tremendous opportunities to increase public access to the arts. But the longstanding “permissions culture” entrenched in the museum community—in which licenses are obtained for the use of copyrighted materials regardless of whether such uses are “fair,” such that licenses are not legally required—likely will make the cost of many potential digital projects prohibitively expensive. Ending the permissions culture is therefore critically important to museums as they seek to connect with diverse audiences in the Digital Age. In this issue brief, I argue that such a development will require clear and context-specific information about fair use …

Open Access, Academic Libraries And The Future Of Scholarly Publishing, Elena Šimukovič

Copyright, Fair Use, Scholarly Communication, etc.

●Background on research project ●Open Access: a long desire for transition ●Open Access targets in Europe ●OA2020 – setting a new horizon? ●Counter-narratives and inner resistances ●What about libraries? ●Discussion & concluding remarks

Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute, Daniel S. Sem

Richmond Journal of Law & Technology

This paper will examine the issues surrounding the codevelopment of drugs derived from traditional medicines used by indigenous peoples in Amazonia, with a focus on Peru. In particular, this paper will explore what national, regional and international legal structures are in place to protect the interests of indigenous peoples, while at the same time providing medical benefit to the world. This issue is explored in the context of Peruvian, U.S., and international treaties – especially the TRIPS agreement, the Andean Community, sui generis protections, and the US-Peru Trade Promotion Agreement.

Across The Great Divide: Findings And Possibilities For Action From The 2016 Summit Meeting Of Academic Libraries And University Presses With Administrative Relationships (P2l), Mary Rose Muccie, Joe Lucia, Elliott Shore, Clifford Lynch, Peter Berkery

Copyright, Fair Use, Scholarly Communication, etc.

The library-press relationship explored in P2L allows for transformative approaches in support and dissemination of scholarship. Effective exploitation of these partnerships is in the early stages and there is an opportunity to influence the outcomes to ensure they are as broadly applicable and scalable as possible. As Cliff Lynch (CNI) noted in his summary of the day’s conversation, we must do more exploration of both intra-institutional (library and press) and cross-institutional collaborations. He provided several compelling suggestions for partnerships, including new ways to promote and leverage library special collections as well as ideas for increasing discoverability of press content. (See …

Regulating Secrecy, W. Nicholson Price Ii

Washington Law Review

Inventors face a stark choice between two intellectual property systems of protecting innovative ideas: patents and trade secrecy. But accounts of this choice underexplore the role of the regulators that dominate some areas of innovation. Regulation interacts with intellectual property exclusivity in socially problematic ways by encouraging secrecy at the expense of innovation, efficiency, and competition. This Article theorizes how regulation empowers intellectual property generally, explains why this strengthening is problematic for trade secrecy but not for patents, and offers the solution of regulator-enforced disclosure. When a regulator defines a product or a process, it becomes much harder to successfully …

United States Department Of Homeland Security Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (December 2016)

Copyright, Fair Use, Scholarly Communication, etc.

DHS response to OSTP memo, 2013: Public Access Plan (December 2016)

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Faculty Publications

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent …

Nontechnical Disclosure, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

One of the primary goals of the patent system is the broad dissemination of technical knowledge. But, as this Article argues, there is also an underappreciated amount of nontechnical knowledge contained in a patent, information that may in certain cases be more valuable to readers than the technical disclosure contained in a patent. This Article looks at various types of nontechnical disclosure to argue that appreciating the nontechnical aspects of patent disclosure can increase our understanding of what information patents are disseminating to the general public.

Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler

Georgia Journal of International & Comparative Law

No abstract provided.

Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Abuse Of Supreme Court Precedent: The "Historic Kinship", David W. Barnes

Chicago-Kent Journal of Intellectual Property

In Sony Corp. of America v. Universal City Studios, the Supreme Court applied a doctrine formulated for patent law to an issue arising in copyright law. The Court supplied a rationale for doing so by identifying a “historic kinship” between patent and copyright law based on fundamental goals of intellectual property law. The Court considered how the rationale applied in the particular factual context involved. The Court cautioned that the propriety of extending a doctrine developed in one intellectual property regime to another depends on the particular legal issue involved. Despite the importance of ensuring that new rules are …

With Enough Eyeballs All Searches Are Diligent: Mobilizing The Crowd In Copyright Clearance For Mass Digitization, Maurizio Borghi, Kris Erickson, Marcella Favale

Chicago-Kent Journal of Intellectual Property

Digitization of 20th Century cultural heritage is severely restricted due to the real or potential subsistence of copyright and related rights. Under the laws on orphan works introduced in many countries, items whose copyright status is uncertain may possibly be lawfully digitized, on condition that a “diligent search” of the copyright owners has been performed. However, carrying out diligent searches on large collections is a lengthy and expensive process, which may discourage institutional users from embarking on large-scale digitization. While the problem of performing diligent searches has been so far approached in a “centralized” manner by individual institutions, the article …

The Time Is Nigh: A Proposal For An International Patent System, Ben Mceniery

Chicago-Kent Journal of Intellectual Property

The world is slowly but inexorably moving towards adopting an integrated global patent system. It is inevitable that the present inefficient and splintered system in which patents must be separately obtained and enforced in each nation state must evolve to make obtaining global patent protection an achievable proposition for those other than just the wealthiest multinational corporations. The global patent system proposed in this article allows a patent applicant to file a single patent application in an international patent office, have that patent application examined in accordance with a uniform patentability standard, and results in the grant of a unitary …

Open Source Tactics: Bargaining Power For Strategic Litigation, James Skelley

Chicago-Kent Journal of Intellectual Property

No abstract provided.

In Defense Of Patent Trolls: Patent Assertion Entities As Commercial Litigation Funders, Jean Xiao

Chicago-Kent Journal of Intellectual Property

This paper is the first to defend and commend the role of patent trolls in litigation. It argues that trolls either are not the sole source of patent litigation ills or are not responsible for these ills in the first place. Next, it demonstrates that trolls provide the same litigation-related benefits as commercial litigation funders, which also finance patent lawsuits. Troll commentators have ignored these benefits, for which funders are praised, in the evaluation of trolls. Finally, this paper explains that eliminating trolls will not only close off a source of these benefits but also worsen problems by shifting trolling …

Whither (Wither?) Geographical Indications? The Case Against Geographical Indications And For Appellations Of Origin In An Era Of Glocalization, Benjamin Robert Hopper

Chicago-Kent Journal of Intellectual Property

One of the most hotly contested legal debates in international intellectual property law today concerns geographical indications (GIs) and appellations of origin (AOOs), referred to herein using the umbrella term “indication of origin” (IO). Central to the debate are two different systems for IOs—the sui generis system of AOOs and the like promoted by IO advocates like the EU (generally civil law jurisdictions) and the system promoted by IO skeptics like the US (generally common law jurisdictions) under which GIs are subsumed within a pre-existing trademark system. These divergent IO systems are manifestations of deepening fragmentation in the international IO …

Thoughts On The Relationship Between The Supreme Court And The Federal Circuit, Timothy B. Dyk

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Why The Supreme Court Should Use Ariosa V. Sequenom To Provide Further Guidance On U.S.C. § 101 Patent Eligibility, Naira Rezende Simmons

Chicago-Kent Journal of Intellectual Property

35 U.S.C. § 101 provides patent protection to “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” The Supreme Court previously concluded that Congress intended patentable subject matter to “include anything under the sun that is made by man.” Nevertheless, over the past five years the U.S. Supreme Court has made a series of decisions that narrowed the scope of subject matter eligible for patent protection.

In Mayo the court held that correlations between the concentrations of a metabolite in the blood and the concentration of a drug are not patent …

Panel Discussion: Remembering Justice Scalia In Ip Cases, Graeme Dinwoodie

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Neglected Diseases: How Intellectual Property Can Incentivize New Treatment, Vinita Banthia

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Gif Gaffe: How Big Sports Ignored Lenz And Used The Dmca To Chill Free Speech On Twitter, Andrew T. Warren

Fordham Intellectual Property, Media and Entertainment Law Journal

Many major sports leagues including the National Football League, Major League Baseball, and Ultimate Fighting Championship have consistently used the Digital Millennium Copyright Act (“DMCA”) to remove user-created GIFs, Vines, and related content that make use of the leagues’ copyrighted broadcast material on Twitter. This Article analyzes Twitter users’ right of fair use in the leagues’ copyrighted material, while suggesting that sports leagues and their agents may not be following the Ninth Circuit’s Lenz v. Universal Music Corp.decision, which requires copyright owners to consider fair use before submitting DMCA takedown notices. Sports leagues’ protocol and actions towards GIFs and Vines …

Who’S Afraid Of Forever 21?: Combating Copycatting Through Extralegal Enforcement Of Moral Rights In Fashion Designs, Irina Oberman Khagi

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article examines the often underexplored theory of personality rights, or moral rights, as a justification for protection of intellectual property in the context of protection of fashion designs. Traditional forms of intellectual property protection have thus far proven inadequate to protect the overall design of an article of clothing or accessory; rather, most are only sufficient to protect portions of the design. Advocates for strengthened intellectual property rights regimes traditionally invoke utilitarian rights, or the need to provide an incentive for continued generation of new ideas. But these utilitarian theories appear to be less relevant in the fashion world, …

The Non-Contractual Nature Of Privacy Policies And A New Critique Of The Notice And Choice Privacy Protection Model, Thomas B. Norton

Fordham Intellectual Property, Media and Entertainment Law Journal

Notice and Choice is the model for protecting privacy online in the United States. Under the model, users of online services are given notice about services information and privacy practices in the form of privacy policies. Based on this information, users can choose whether to use particular online services and whether to exercise any options for protecting their privacy that the services might offer. In theory, Notice and Choice seems like a sound regulatory mechanism. Indeed, state and federal regulatory agencies prefer the model as a basis for privacy enforcement action. But Notice and Choice faces harsh criticism from privacy …

Puzzles Of The Zero-Rate Royalty, Eli Greenbaum

Fordham Intellectual Property, Media and Entertainment Law Journal

Patentees increasingly exploit their intellectual property rights through royalty-free licensing arrangements. Even though patentees using such frameworks forfeit their right to trade patents for monetary gain, royalty-free arrangements can be used to pursue other significant commercial and collaborative interests. This Article argues that modern royalty-free structures generate tension between various otherwise well-accepted doctrines of patent remedies law that were designed for more traditional licensing models. As such, current doctrines provide conflicting frameworks for evaluating the royalty-free arrangement, and offer inconsistent approaches for determining the appropriate remedy for their breach. This discord grows out of courts’ inadequate attention to non-monetary consideration …