Intellectual Property Law Commons^™

What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.

Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson

Georgia Journal of Law & Technology

No abstract provided.

Misreading A Canonical Work: An Analysis Of Mansfield's 1994 Study, Paul J. Heald

Georgia Journal of Law & Technology

No abstract provided.

The New Access Right And Its Impact On Libraries And Library Users, Laura N. Gasaway

Georgia Journal of Law & Technology

No abstract provided.

The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews

Georgia Journal of Law & Technology

No abstract provided.

Copyright Protection For Attorney Work Product: Practical And Ethical Considerations, Stanley F. Birch Jr.

Georgia Journal of Law & Technology

No abstract provided.

L. Ray Patterson: A Selected Bibliography, Journal Of Intellectual Property Law

Georgia Journal of Law & Technology

No abstract provided.

Introduction - L. Ray Patterson: Copyright (And Its Master) In Historical Perspective, Craig Joyce

Georgia Journal of Law & Technology

No abstract provided.

Review Essay: Sara M. Smyth, Cybercrime In Canadian Criminal Law, 2nd Edition (Toronton: Carswell, 2015), Christopher D. Ram

Canadian Journal of Law and Technology

Dr. Smyth’s book is ambitious in its scope, seeking to trace the criminology and evolution of information technologies and cybercrime as the basis of current Canadian legislation and jurisprudence. It is intended as a concise student reference text or resource for those who are new to the subject area, studying in criminology and other areas, as opposed to law. A list of concepts and issues for discussion appears at the conclusion of each chapter and there is a glossary of technical (but not legal) terms at the end of the book. It takes a neutral and professorial approach, seeking to …

The Right To Repair Doctrine And The Use Of 3d Printing Technology In Canadian Patent Law, Tesh W. Dagne, Gosia Piasecka

Canadian Journal of Law and Technology

3D printing technology is part of a new economic movement, termed the sharing economy, where consumers rely less on large corporations for supplying them with products. The technology allows consumers to bypass the traditional manufacturing process. Instead, consumers increasingly share and sell products to each other on online sharing platforms. Consumers can download digital copies of products and print them in the convenience of their homes. In addition, they can repair and modify these products to suit their needs. Canadian patent law permits the repair of a patent-protected item but prohibits its reconstruction. However, the line between repair and reconstruction …

Strategic Thinking And Design Initiative: Extended And Updated Report, Association Of Research Libraries

Copyright, Fair Use, Scholarly Communication, etc.

Introduction 11 This report1 documents the Strategic Thinking and Design work that the Association of Research Libraries (ARL) engaged in from the fall of 2013 through the end of 2015. Fueled by the deep desire of the ARL membership to rise to the challenges facing higher education in the 21st century, and with grants from the Institute of Museum and Library Services and the Andrew W. Mellon Foundation, the Association engaged in an unprecedented project to reimagine the future of the research library and then reshape ARL, its organization, to help bring that future into being.

This report is a …

A Changing Game: Challenging The Status Quo In Sports Law, Andrew Brandt, David Falk, Jusin Tuck, David Apfel

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert J. Currie

Canadian Journal of Law and Technology

Over the last several years the Supreme Court of Canada has developed its jurisprudence regarding the search and seizure of electronic devices, applying section 8 of the Canadian Charter of Rights and Freedoms in such a way as to assert and protect a significant amount of privacy in the devices and their data. Recent cases regarding the search of devices at Canada’s borders, however, do not reflect this case law. This is a situation made all the more complex by the generally attenuated expectation of privacy in the border context, and is worthy of inquiry.

Using a pending border case …

Strategies For Protecting Privacy In Open Data And Proactive Disclosure, Teresa Scassa, Amy Conroy

Canadian Journal of Law and Technology

In this paper, the authors explore strategies for balancing privacy with transparency in the release of government data and information as part of the growing global open government movement. The issue is important because government data or information may take many forms, may contain many different types of personal information, and may be released in a range of contexts. The legal framework is complex: personal information is typically not released as open data or under access to information regimes; nevertheless, in some cases transparency requirements take precedence over the protection of personal information. The open courts principle, for example, places …

Aereo Dynamics: "User Rights" And The Future Of Internet Retransmission In Canada, Pradeepan K. Sarma

Canadian Journal of Law and Technology

2014’s U.S. Supreme Court decision Aereo made waves in the entertainment and technology industry when it ruled in favour of a coterie of cable companies against an upstart start-up, Aereo Inc., retransmitting broadcast television over the internet. Little attention, however, has been paid to its ramifications to the Canadian broadcasting regime, with its vastly different regulatory scheme and an underlying objective to promote the dissemination of Canadian content. Complicating matters further is the 2012 Canadian Supreme Court decision Cogeco, where the retransmission of broadcast signals had been re-articulated as a ’user right’. This paper uses the Aereo decision as a …

3d Printers, Physical Viruses, And The Regulation Of Cloud Supercomputing In The Era Of Limitless Design, Peter Jensen-Haxel

Minnesota Journal of Law, Science & Technology

No abstract provided.

Decline Of Dosage Regimen Patents In Light Of Emerging Next-Generation Dna Sequencing Technology And Possible Strategic Responses, Na An

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Unresolved Interpretive Ambiguity Of Patent Claims, Oskar Liivak

Cornell Law Faculty Publications

Claims are at the heart of every major patent related issue. Most importantly, they determine a patent's potent rights of exclusion. Yet, we cannot predict how courts will set the exact boundaries of claims. This renders smooth operation of the patent system near impossible. For some time, scholars have theorized that a basic policy disagreement is a source of this uncertainty. Some judges favor narrower patents, some favor broader and judges will naturally tend toward their policy preference. Policy disagreements result in claim uncertainty. Recently, scholars Tun- Jen Chiang and Lawrence Solum have taken this view further arguing that this …

Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri

Faculty Scholarship

No abstract provided.

Deterring Innovation: New York V. Actavis And The Duty To Subsidize Competitors' Market Theory, Joanna M. Shepherd

Minnesota Journal of Law, Science & Technology

No abstract provided.

Possession Is 99% Of The Law: 3d Printing, Public Domain Cultural Artifacts And Copyright, Charles Cronin

Minnesota Journal of Law, Science & Technology

No abstract provided.

Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology, Bryan J. Vogel

Minnesota Journal of Law, Science & Technology

No abstract provided.

Remarks On 3d Printing, Free Speech, And Lochner, Kyle Langvardt

Minnesota Journal of Law, Science & Technology

No abstract provided.

Improving Patent Quality Through Post-Grant Claim Amendments: A Comparison Of European Opposition Proceedings And U.S. Post-Grant Proceedings, Jennifer Turchyn

Michigan Law Review

Congress enacted the Leahy-Smith America Invents Act to encourage innovation, strengthen U.S. patents, and achieve greater uniformity with foreign patent systems. The America Invents Act introduced two new post-grant patent validity proceedings: inter partes review and post-grant review. The new U.S. proceedings are similar to European opposition proceedings, but there are significant differences in the extent of the patent owner’s ability to amend claims, the patent’s claim construction, the patent owner’s evidentiary burden, and the procedural requirements. The U.S. proceedings result in a very limited opportunity for amendment and a high percentage of invalidated patents. In contrast, European opposition proceedings …

Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna

Court Briefs

No. 15-14889
Edward Lewis Tobinick v. Steven Novella

Appeal from the United States Distric Court for the Southern District of Florida, Case No.: 9:14-cv-80781-RLR (Hon. Robin L. Rosenber)
[Including the] Motion for Leave to File Brief of Amici Curiae Intellectual Property Law Professors, Nov. 30, 2015.

From the Summary of Argument

The District Court correctly determined that the challenged speech of Dr. Steven Novella was not commercial speech for purposes of applying the Lanham Act. Appellant’s argument to the contrary conflates “seeking profit” with “commercial speech.”

The Insurability Of Claims For Restitution, Christopher French

Faculty Scholarship

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be allowed to benefit …

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Coco Way Before Chanel: Protecting Independent Fashion Designers’ Intellectual Property Against Fast-Fashion Retailers, Tiffany F. Tse

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal

Catholic University Journal of Law and Technology

No abstract provided.