Intellectual Property Law Commons^™

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Are Scientific Data Repositories Coping With Research Data Publishing?, Massimiliano Assante, Leonardo Candela, Donatella Castelli, Alice Tani

Copyright, Fair Use, Scholarly Communication, etc.

Research data publishing is intended as the release of research data to make it possible for practitioners to (re)use them according to “open science” dynamics. There are three main actors called to deal with research data publishing practices: researchers, publishers, and data repositories. This study analyses the solutions offered by generalist scientific data repositories, i.e., repositories supporting the deposition of any type of research data. These repositories cannot make any assumption on the application domain. They are actually called to face with the almost open ended typologies of data used in science. The current practices promoted by such repositories are …

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

The Aia Is Not A Taking: A Response To Dolin & Manta, Camilla A. Hrdy, Ben Picozzi

Washington and Lee Law Review Online

No abstract provided.

The Open Access Interviews: Sir Timothy Gowers, Mathematician, Richard Poynder, Timothy Gowers K.B.

Copyright, Fair Use, Scholarly Communication, etc.

As the use of green open access policies looks increasingly like a failed strategy, and as universities, research funders, and governments in Europe seek to engineer a mass “flipping” of subscription journals to gold OA, has the open access movement reached a watershed moment? If so, how will it develop from here, is it headed in the right direction, and who should be leading the way? One remarkable thing about the OA movement is that it has primarily been driven by people other than researchers. The President of the Royal Netherlands Academy of Arts and Sciences, José van Dijck drew …

Why The Ftc Study On Paes Is Destined To Produce Incomplete And Inaccurate Results, Kristen Osenga

Law Faculty Publications

In the near future, the Federal Trade Commission is going to release the results of its study on patent assertion entities (PAEs). While it is very clear that we need additional information to understand the many complex business models that exist in the patent licensing world, the FTC’s study is unlikely to produce that information because of a few very critical flaws. What follows is an executive summary of my article, Sticks and Stones: How the FTC’s Name-Calling Misses the Complexity of Licensing-Based Business Models, published in the George Mason Law Review.

Copyrightability Of Leed-Certified Buildings: Approaching The Awcpa To Promote Green Architecture, Stephen Accursio Maniscalco

St. John's Law Review

(Excerpt)

Part I of this Note discusses green architecture, the history and structure of the LEED certification system, and the history and structure of the AWCPA. Part II discusses the approaches courts have taken in applying the AWCPA. Finally, Part III explores ways that LEED may affect courts’ analyses. It explains why and how courts may deny copyright protection in many elements of LEED-certified architectural works. It then proposes a reading of the AWCPA that will provide appropriate copyright protection to green buildings that are original in design. This Note argues that courts should not consider green market demands, the …

The Importance Of Correct Inventorship, Rivka Monheit

Georgia Journal of Law & Technology

No abstract provided.

Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr

Georgia Journal of Law & Technology

No abstract provided.

Of Mice And 'Manimal': The Patent & Trademark Office's Latest Stance Against Patent Protection For Human-Based Inventions, James P. Daniel

Georgia Journal of Law & Technology

No abstract provided.

Minding Your Own Business: Privacy Policies In Principle And In Practice, Scott Killingsworth

Georgia Journal of Law & Technology

No abstract provided.

Gray Markets In Cyberspace, Shubha Ghosh

Georgia Journal of Law & Technology

No abstract provided.

Harnessing Human Potential: Induced Pluripotent Stem Cell Patentability Under The Lens Of Myriad, Derek Van Den Abeelen

William & Mary Business Law Review

After the Supreme Court's decision in Ass'n for Molecular Pathology v. Myriad Genetic's, previously patentable materials may now be rejected as unpatentable subject matter, specifically because they cover natural products. This presents a problem for businesses performing adult stem cell research and development, because stem cells exist in nature but pluripotency in adult stem cells does not. The United States Patent and Trademark Office (USPTO) and federal courts must recognize that these stem cells are still patentable because there is human intervention that creates a product that could not exist in nature on its own. Neither the USPTO nor any …

Useless Information: Genetic Patenting, The Usefulness Requirement, And The Effect On The “Big Freeze”, David T. Bennett

Journal of the National Association of Administrative Law Judiciary

This note considers the current state of affairs regarding patentability in the field of biotechnology, especially that of genes and DNA. Part II gives a brief background of patents in general, including the requirements that must be met for a patent to be granted, the way in which the patent process works, and the options available to a patent holder once a patent has been granted. Part III explores the history of biotechnology patents. Part IV takes a look at the relationship between patents and biotechnology, and sheds light on some of the common arguments both in favor of and …

Obviousness As Fact: The Issue Of Obviousness In Patent Law Should Be A Question Of Fact Reviewed With Appropriate Deference, Ted L. Field

Fordham Intellectual Property, Media and Entertainment Law Journal

One of the most common defenses that an accused infringer raises in a patent infringement lawsuit is that the patent claims at issue are invalid for obviousness. The question of obviousness is based on several factual determinations, and the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit should sensibly review these determinations with deference to the jury’s or trial court’s findings. But these courts instead treat the ultimate determination of obviousness as a question of law to be reviewed de novo. This Article challenges the correctness of this standard of review and argues that courts …

Locking Out Locke: A New Natural Copyright Law, Joseph A. Gerber

Fordham Intellectual Property, Media and Entertainment Law Journal

For decades lawyers, professors, philosophers, and law students have been trapped in an endless, two-sided debate regarding the justification for copyright law in the United States. On one side stand the utilitarians, who argue that modern American copyright law amounts to nothing more than positive law2 in the form of an economic incentive for authors to express themselves creatively. Natural law theorists, on the other hand, argue that there is some- thing more substantial behind the current copyright regime—that copyright is not merely a formulation of positive law, but a recogni- tion of philosophical principles of ownership inherent in the …

Musicians, Politicians, And The Forgotten Tort, Arlen W. Langvardt

Fordham Intellectual Property, Media and Entertainment Law Journal

Election seasons regularly reveal uses of songs and recordings at campaign events and in campaign ads. Frequently, well-known performers who have recorded the songs object to the uses of the songs and recordings (and their recognizable voices). Often, the performers do not own the copyright to the songs or the recordings, so they have no copyright infringement claim to bring. Performers who seek legal relief against those responsible for the political uses have relied, thus far, on right of publicity claims or false endorsement claims under section 43(a) of the Lanham Act. However, judicial concerns about the proper reach and …

Trademark Trial And Appeal Board, Meet The Constitution, David S. Welkowitz

Fordham Intellectual Property, Media and Entertainment Law Journal

For many years, the Trademark Trial and Appeal Board has re-fused to address constitutional claims raised in the course of registration or cancellation proceedings. A recent example involves the Washington Redskins trademark, which is the subject of a cancellation proceeding now before a U.S. Court of Appeals. The Board’s refusal to address constitutional issues rests on the assumption that the Board lacks the authority to make constitutional decisions. That may seem odd, given the fact that the Board is an arm of the federal government, and its members are bound to uphold the Constitution. This Article examines the basis of …

The Riddle Of The Mysterious Patent Dance Wrapped In An Enigma: Is The Patent Dance Of The Bpcia Optional Or Mandatory?, Dov Hirsch

Fordham Intellectual Property, Media and Entertainment Law Journal

Recently, the nature of one of the aspects of the Biosimilar, Price, Competition, and Innovation Act of 2009 (“BPCIA”) has been called into question: Is the “patent dance,” the structured patent dispute resolution process of the BPCIA, mandatory or optional? A mandatory patent dance requires a biosimilar applicant to comply with all its requirements, while an optional patent dance allows the biosimilar applicant to opt out of the entire dance if it so chooses. This question is important because it has the potential to affect that delicate balance of the BPCIA. This Note focuses on some of the consequential implications …

When An Idea Is More Than Just An Idea: Insurance Coverage Of Business Method Patent Infringements Suits Under Advertising Injury Provisions Of Commercial General Liability Policies, Grace N. Witte

Georgia Journal of Law & Technology

No abstract provided.

Legal Method Patents And The Rights Of The Public, R. Blake Stone

Georgia Journal of Law & Technology

No abstract provided.

How To Get The Mona Lisa In Your Home Without Breaking The Law: Painting A Picture Of Copyright Issues With Digitally Accessible Museum Collections, Lara Ortega

Georgia Journal of Law & Technology

No abstract provided.

Clearing The Way: Acquiring Rights And Approvals For Music Use In Media Applications, John P. Strohm

Georgia Journal of Law & Technology

No abstract provided.

The Protection Of Visual Artists Through Consignment Of Art Statutes, Lisa Moore, Liz Wheeler

Georgia Journal of Law & Technology

No abstract provided.

Intellectual Property Checklist For Marketing The Recording Artist Online, Amy J. Everhart

Georgia Journal of Law & Technology

No abstract provided.

The Key To Prosecution Laches, Gregory J. Carlin, Kimberlynn B. Davis

Georgia Journal of Law & Technology

No abstract provided.

Trips And Its Achilles' Heel, Peter K. Yu

Georgia Journal of Law & Technology

No abstract provided.

Trips Was Never Enough: Vertical Forum Shifting, Ftas, Acta, And Ttp, Susan K. Sell

Georgia Journal of Law & Technology

No abstract provided.