Intellectual Property Law Commons^™

Don’T Give Up Section 101, Don’T Ever Give Up, Brady P. Gleason

Catholic University Law Review

In an era of tremendous and rapid technological advancement, coupled with the massive influence patents have on the global economy, determining the specific categories of inventions eligible for patent protection is of great importance. The statute governing patent eligible subject matter, 35 U.S.C. § 101, has unfortunately fallen steadily into a morass, wherein a great number of judicial philosophies as to the proper role and scope of § 101 occupy the statutes jurisprudence. This frustrates the utilitarian purpose of the patent system as research companies are uncertain whether certain categories of inventions will maintain their eligibly for patent protection. Because …

Speaking From The Grave. Should Copyright Listen?, Jessica Silbey

Faculty Scholarship

Should authors be able to control the use of their work after they die? It’s a question that touches deep personal and public concerns. It resonates with longstanding debates in literary studies over the “death of the author” and “authorial intent,” and is an issue that Professor Eva Subotnik tackles in her latest article, Artistic Control After Death (forthcoming in the Washington Law Review).

Currently, U.S. copyright expires 70 years after the author’s death so that control of an author’s copyrights extends far into the future. Long after an author creates a work, often decades after publication and the work’s …

Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love

Georgia Journal of Law & Technology

No abstract provided.

Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann

Georgia Journal of Law & Technology

No abstract provided.

You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin

Georgia Journal of Law & Technology

No abstract provided.

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett

Georgia Journal of Law & Technology

No abstract provided.

Keeping It Physical: Convergence On A Physicality Requirement For Patentability Of Software-Related Inventions Under The European Patent Convention And United States Law, Kevin Afghani, Duke W. Yee

Georgia Journal of Law & Technology

No abstract provided.

Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti

Georgia Journal of Law & Technology

No abstract provided.

What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby

Georgia Journal of Law & Technology

No abstract provided.

Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard

Georgia Journal of Law & Technology

No abstract provided.

Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley

Georgia Journal of Law & Technology

Questions about the copyrightability of compilations and other low authorship fact works, and about the scope of protection, have continued to trouble courts long after the Supreme Court's landmark decision in Feist Publications, Inc. v. Rural Telephone Services Co. in 1991. Justice O'Connor's opinion, explaining why a standard white pages telephone directory did not meet the constitutional and statutory requirements for copyright protection, defined an original work of authorship as one that is independently created by its author and that evidences at least a minimal level of creativity. The latter requirement has been elusive, in part because Justice O'Connor defined …

Trade Secrets As Property: Theory And Consequences, Charles Tait Graves

Georgia Journal of Law & Technology

No abstract provided.

A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith

Georgia Journal of Law & Technology

No abstract provided.

Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler

Georgia Journal of Law & Technology

No abstract provided.

Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts

Georgia Journal of Law & Technology

No abstract provided.

"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay

Georgia Journal of Law & Technology

No abstract provided.

A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro

Georgia Journal of Law & Technology

No abstract provided.

On Abstraction And Equivalence In Software Patent Doctrine: A Response To Bessen, Meurer And Klemens, Andrew Chin

Georgia Journal of Law & Technology

No abstract provided.

Geoblocking, Circumvention Of Geoblocking, And Intellectual Property, Marketa Trimble

Boyd Briefs / Road Scholars

Prof. Marketa Trimble presented Geoblocking, Circumvention of Geoblocking, and Intellectual Property at the Indiana University Maurer School of Law on Sept. 8, 2016.

Intellectual Property Basics, Christal Sheppard

Intellectual Property (IP) Day

No abstract provided.

Geographical Indications And Development In The Third World: Towards A Strategic Approach Of Intellectual Property Rights In Jamaica - The Case Of Blue Mountain Coffee, Marsha Simone Cadogan

PhD Dissertations

The dissertation is a critical analysis of, and engagement with agricultural and food based geographical indications, the politics of development and international relations, and the prospects of forming reformist linkages between geographical indications and development in Jamaica and the Caribbeans intellectual property landscape. A net importer of intellectual property, Jamaica has yet to fully claim intellectual property as its own.

The dissertation proposes that geographical indication schemes should be envisaged, and practically function as part of Jamaicas development policy. This approach calls for a reformist approach to intellectual property in Jamaica, which includes an awareness of the pitfalls of being …

Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology, Olivia Holder

The University of Cincinnati Intellectual Property and Computer Law Journal

Under the guise of consumer protection, lawyers and bar associations have used disparate litigious mechanisms to thwart, inadvertently or not, the use of self-help legal technology. This paper will demonstrate that such adversity is not logical after a consideration of the technical functions that the software performs and unduly restricts underserved populations’ access to the law because of the misapplication of policy to vaguely worded laws. This paper will provide a thorough analysis of legal action taken against the high-profile company LegalZoom under the theory of unauthorized practice of law provides direct support of this claim. Summary and critique of …

Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter

Law Faculty Scholarship

Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the courts, recent prominent cases have focused attention on the ban on registration of offensive marks and the widespread impact of this ban on trademark owners.

In this Article, I answer the fundamental question: Given the problems that my previous research has identified, what should be done about the 2(a) bar on registration of scandalous trademarks? This Article argues, as a …

What Is Digital Rights Management?, Alex Berrio Matamoros, Fred Dingledy

Publications and Research

No abstract provided.

Statutory Heirs Apparent?: Reclaiming Copyright In The Age Of Author-Controlled, Author-Benefiting Transfers, Tonya M. Evans

West Virginia Law Review

No abstract provided.

Enhancing Ongoing Royalties: The Inequitable Equitable Remedy, Layne S. Keele

West Virginia Law Review

No abstract provided.

The Grand Compromise Of U.S. Public Access Programs: Going Green, Jeffrey Salmon

Copyright, Fair Use, Scholarly Communication, etc.

We at the Department of Energy (DOE) Office of Scientific and Technical Information (OSTI) have found that providing full public access to the research DOE funds is simple in principle and complex in practice. ... [W]e can say that a great deal of progress has been made toward reaching the goal of free public access it sets out. And much of that progress is due to hard collaborative work by both the government and publishers. Following the February 2013 memo from the Office of Science and Technology Policy (OSTP) on “Increasing Access to the Results of Federally Funded Scientific Research …

The Elife Sciences Annual Report 2015, Elife Sciences Publications Limited

Copyright, Fair Use, Scholarly Communication, etc.

Our rate of publishing almost doubled during 2015, reaching around 90 articles per month by the end of the year, and reflecting another strong year of growth in submissions. The significant and fascinating science published in 2015 covered the effects of moonlight on the reproductive biology of coral, the sensation of pain in human infants, the use of molecular tweezers in HIV control, and a project in drug discovery using a citizen science approach. However, there is still far too much important work being published behind subscription barriers, and our goal is to invest further in eLife to enable more …

Mdpi Annual Report 2015: Academic Open Access Publishing Since 1996, Multidisciplinary Digital Publishing Institute (Mdpi)

Copyright, Fair Use, Scholarly Communication, etc.

3 20 YEARS OF OPEN ACCESS PUBLISHING

5 2015 KEY FIGURES

5 Papers Published in MDPI Journals by

Region

5 Geographical Distribution of Authors and

Reviewers

5 Publication by Subject Area

5 Growth Based on Published Articles

6 Summary of Key Performance Indicators

6 Readership

6 Quality of Service

6 Papers Published in Flagship Journals

7 2015 FINANCIAL INFORMATION

7 Information on Article Processing Charges

7 Sources of Income

8 JOURNAL IMPACT FACTOR

DEVELOPMENT

8 Impact Factors

9 Journal Rankings by Quartile in Science

Citation Index Expanded ( SCIE )

10 NEW JOURNALS LAUNCHED IN 2015

11 SCIFORUM CONFERENCES IN …

Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.