Intellectual Property Law Commons^™

Putting The Pieces Together: A Proposal For A Contributory Infringement Provision In Patent Law, Xianzhi Quan

Chicago-Kent Journal of Intellectual Property

Among the top five countries who have filed the most patent applications under the Patent Cooperation Treaty (“PCT”) in 2015, China is the only country that has no provision regarding contributory patent infringement. As a result, in patent cases related to contributory infringement, different courts have adopted different criteria to determine whether contributory patent infringement is present. This has resulted in many problems in China, causing confusion and conflicts in understanding among patent holders and the public.

With the increase of patent infringement cases in China, legislation on the standard of contributory patent infringement is imminent. This Article puts forward …

Navigating The Legal Landscape Of A Subversive Art Form: Protecting Expression And Neglecting Embodiment, Dillon Henry Stern

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Right To Destroy Under Droit D’Auteur: A Theoretical Moral Right Or A Tool Of Art Speech?, Sofie G. Syed

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Private Party Enforcement Of International Intellectual Property Law, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these slides in conjunction with her talk Private Party Enforcement of International Intellectual Property Law, given at the 35th Annual Teaching and Research in Intellectual Property Conference (ATRIP) held in Krakow on June 26 - 29, 2016.

Belmora Llc V. Bayer Consumer Care Ag—The Well-Known Marks Doctrine Reconsidered, Wee Jin Yeo

Washington and Lee Law Review Online

The territoriality principle, basic to United States trademark law, provides that foreign uses of a trademark do not give the user trademark rights in the United States. An important exception to this principle is the well-known marks doctrine, which allows a foreign user to obtain priority rights in the United States over a mark used exclusively overseas, if it has achieved a measure of renown in the United States. However, until now, it remains uncertain whether the doctrine is part of United States federal trademark law, given the split between the Ninth and the Second Circuits on the issue.

On …

Productivity And Diversity In Research And Agriculture: Improving The Ipr Landscape For Food Security, A. Max Jarvie

William & Mary Environmental Law and Policy Review

While food security has long been a national or regional burden, the advent of international instruments governing intellectual property rights over conventionally bred plant varieties and genetically modified plants has made the management of food security a global concern. Current intellectual property regimes do not provide clear support for innovations in crop productivity or biodiversity, both of which are implicated in the long term stability of food supply. This Paper examines the intellectual property regimes governing agricultural food stocks with respect to the level of support they provide for three key research programs in the development of crop seeds and …

Authenticity Key To Success In Life And In Legal Information, Susan Drisko Zago

Law Faculty Scholarship

[Excerpt] "Authenticity is defined as something that is not false or an imitation. Savvy consumers pay a premium for an authentic product and treat with suspicion a product that does not ring true.

We have a system of trademark and copyright protections that protect a company’s intellectual property rights and brands and consumer protections to protect the consumer from counterfeit and unsafe products. Now, there is model legislation that will provide a systematic way to protect, preserve and provide better electronic access to the bread and butter of our legal profession: our official state legal documents."

Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson

Georgia Journal of Law & Technology

No abstract provided.

Stop The Bleeding: Medimmune Ends The Unjustified Erosion Of Patent Holders' Rights In Patent Licensing Agreements, Richard Weil Goldstucker

Georgia Journal of Law & Technology

No abstract provided.

Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler

Georgia Journal of Law & Technology

No abstract provided.

On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr.

Georgia Journal of Law & Technology

No abstract provided.

Plumb Lines Instead Of A Wrecking Ball: A Model For Recalibrating Patent Scope, F. Russell Denton

Georgia Journal of Law & Technology

No abstract provided.

Manufacturers Association Of Israel V. Merck Sharp & Dohme, Neal Hendel, Yoram Danziger, Uri Shoham

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The rights in an Israeli patent, upon which the Ezetrol medical preparation is based, belong to the Respondents in LCA 8127/15, who are the Applicants in LCA 8263/15 (hereinafter: Merck). According to sec. 52 of the Patent Law (hereinafter: the Law), the period of the patent is 20 years from the date of the application, which was filed in 1994. In 1998, the Law …

The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard

Georgia Journal of Law & Technology

No abstract provided.

The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon

Georgia Journal of Law & Technology

No abstract provided.

Impeding Access To Quality Patient Care And Patient Rights: How Myriad Genetics' Gene Patents Are Unknowingly Killing Cancer Patients And How To Calm The Ripple Effect, Marisa Noelle Pins

Georgia Journal of Law & Technology

No abstract provided.

Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt

Georgia Journal of Law & Technology

No abstract provided.

First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan

Georgia Journal of Law & Technology

No abstract provided.

An Alternate Functionality Reality, Harold R. Weinberg

Georgia Journal of Law & Technology

The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its judicial …

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Georgia Journal of Law & Technology

No abstract provided.

The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard

Georgia Journal of Law & Technology

No abstract provided.

What’S So Special About Patent Law?, Michael Goodman

Fordham Intellectual Property, Media and Entertainment Law Journal

The widespread belief that patent law is special has shaped the development of patent law into one of the most specialized areas of the law today. The belief in patent law’s exceptionalism manifests itself as two related presumptions with respect to the judiciary: first, that generalist judges who do not have patent law expertise cannot effectively decide patent cases, and second, that judges can develop necessary expertise through repeated experience with patent cases. Congress showed that it acquiesced to both views when it created the Federal Circuit and the Patent Pilot Program. In recent years, however, the Supreme Court has …

The Fourth Amendment Implications On The Real-Time Tracking Of Cell Phones Through The Use Of “Stingrays”, W. Scott Kim

Fordham Intellectual Property, Media and Entertainment Law Journal

The rights secured to us by the Fourth Amendment were the driving force behind the American Revolution. Today, law enforcement seems to forget that fact when they use cell-site simulators, commonly referred to by the brand name “Stingray,” without first securing a warrant. These devices mimic cell phone towers and force cell phones near them to connect to the cell-site simulator instead of a tower, thereby allowing the user of the simulator device to track a cell phone to its precise location. Ninety-two percent of Americans own a cell phone and forty-six percent of smartphone users say they could not …

A Comparative Analysis Of The Nfl’S Disciplinary Structure: The Commissioner’S Power And Players’ Rights, Cole Renicker

Fordham Intellectual Property, Media and Entertainment Law Journal

The power of professional sports commissioners to determine what is in the “best interests” of their respective sport is a significant aspect of sports today, and can be traced back to 1921, when the federal courts authorized then-Commissioner Kenesaw Mountain Landis to act with a broad range of discretion in protecting the “best interests” of baseball. This precedent set in motion a long history of commissioners using the “best interests” of the game power to accomplish various goals, and most recently has been used to discipline players for alleged misconduct. The Commissioner of the National Football League, Roger Goodell, has …

The Air Jordan Rules: Image Advertising Adds New Dimension To Right Of Publicity–First Amendment Tension, Stephen Mckelvey, Jonathan Goins, Frederick Krauss

Fordham Intellectual Property, Media and Entertainment Law Journal

Every year, corporations spend on average nearly thirty-five billion dollars on sports-related marketing, ranging from stadium naming rights and promotional sponsorships, to commercials and endorsement deals. In mining through some of the potential legal traps, corporate advertisers understand that utilizing the name, image, or likeness of athletes or celebrities in marketing and promotional campaigns requires some form of consent and compensation. Corporations hire lawyers for “advertising clearance”: to ensure that slogans, logos, and images are available for use, and that video and music in audio-visual recordings are otherwise licensed. The concept of getting permission or authorization is relatively straight-forward. However, …

Intellectual Property, Paul Royster

University of Nebraska-Lincoln Libraries: Presentations

Copyrights, trademarks, & patents

Registration of copyright

What copyright gives you

Requirements for copyright

What you can and cannot copyright

Transfer of copyright

Exceptions to copyright exclusives

Fair use

Instructional exemption

Open access licenses

Ownership by UNL

May I Have This Dance?: Establishing A Liability Standard For Infringement Of Choreographic Works, Edwina M. Watkins

Georgia Journal of Law & Technology

No abstract provided.

Edelman V. N2h2: Copyright Infringement? Reverse Engineering Of Filtering Software Under The Digital Millennium Copyright Act, Cathy Nowlen

Georgia Journal of Law & Technology

No abstract provided.

That Carp Is No Keeper: Copyright Arbitration Royalty Panels - Change Is Needed, Here Is Why, And How, Stuart M. Maxey

Georgia Journal of Law & Technology

No abstract provided.

When California Dreamin' Becomes A Hollywood Nightmare; Copyright Infringement And The Motion Picture Screenplay: Toward An Improved Framework, Nick Gladden

Georgia Journal of Law & Technology

No abstract provided.