Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (110)
- Entertainment, Arts, and Sports Law (98)
- Constitutional Law (67)
- Social and Behavioral Sciences (65)
- International Law (64)
-
- Internet Law (53)
- Comparative and Foreign Law (47)
- Library and Information Science (44)
- Privacy Law (40)
- Arts and Humanities (37)
- Scholarly Communication (37)
- International Trade Law (36)
- Scholarly Publishing (36)
- Computer Law (35)
- First Amendment (35)
- Antitrust and Trade Regulation (32)
- Commercial Law (31)
- Legislation (28)
- Administrative Law (26)
- Business (26)
- Health Law and Policy (25)
- Marketing Law (24)
- Contracts (22)
- Property Law and Real Estate (22)
- Communications Law (20)
- Consumer Protection Law (16)
- Courts (16)
- Criminal Law (16)
- Institution
-
- University of Georgia School of Law (305)
- The University of Akron (82)
- University of Nebraska - Lincoln (39)
- Fordham Law School (35)
- UIC School of Law (35)
-
- Vanderbilt University Law School (32)
- Chicago-Kent College of Law (31)
- Yeshiva University, Cardozo School of Law (29)
- Duke Law (18)
- Schulich School of Law, Dalhousie University (18)
- University of Michigan Law School (17)
- Marquette University Law School (16)
- American University Washington College of Law (15)
- Brooklyn Law School (14)
- Mitchell Hamline School of Law (13)
- Texas A&M University School of Law (13)
- University of Richmond (13)
- Notre Dame Law School (12)
- Pace University (12)
- Santa Clara Law (12)
- Seattle University School of Law (12)
- Boston University School of Law (11)
- Columbia Law School (11)
- The Catholic University of America, Columbus School of Law (11)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (11)
- University of Washington School of Law (11)
- William & Mary Law School (11)
- University of Kentucky (10)
- Maurer School of Law: Indiana University (9)
- University of Cincinnati College of Law (9)
- Keyword
-
- Copyright (160)
- Intellectual property (154)
- Patent (83)
- Inc. (66)
- Trademark (54)
-
- Patents (50)
- Patent law (39)
- Infringement (38)
- Intellectual Property (37)
- Lanham Act (36)
- Fair use (31)
- Copyright infringement (29)
- Copyright Act (28)
- Copyright law (25)
- IP (23)
- First Amendment (21)
- Digital Millennium Copyright Act (18)
- Right of publicity (18)
- Berne Convention (15)
- Patent infringement (15)
- EBay (13)
- Internet (13)
- Technology (13)
- Trademarks (13)
- Copyright Act of 1976 (12)
- DMCA (12)
- Law (12)
- Public domain (12)
- Biotechnology (11)
- Innovation (11)
- Publication
-
- Georgia Journal of Law & Technology (294)
- Akron Intellectual Property Journal (77)
- Faculty Scholarship (58)
- Copyright, Fair Use, Scholarly Communication, etc. (34)
- UIC Review of Intellectual Property Law (32)
-
- Chicago-Kent Journal of Intellectual Property (30)
- Fordham Intellectual Property, Media and Entertainment Law Journal (28)
- Marquette Intellectual Property Law Review (16)
- Faculty Publications (14)
- Vanderbilt Journal of Entertainment & Technology Law (14)
- Vanderbilt Law Review (14)
- Canadian Journal of Law and Technology (13)
- Cardozo Arts & Entertainment Law Journal (13)
- Articles (12)
- Pace Intellectual Property, Sports & Entertainment Law Forum (11)
- Cybaris® (10)
- Law Faculty Publications (10)
- Catholic University Journal of Law and Technology (8)
- Seattle Journal for Social Justice (8)
- Duquesne Law Review (7)
- Georgia Journal of International & Comparative Law (7)
- Law Faculty Scholarship (7)
- Minnesota Journal of Law, Science & Technology (7)
- The University of Cincinnati Intellectual Property and Computer Law Journal (7)
- Boyd Briefs / Road Scholars (6)
- Cornell Law Faculty Publications (6)
- Faculty Articles (6)
- Georgetown Law Faculty Publications and Other Works (6)
- Michigan Telecommunications & Technology Law Review (6)
- Notre Dame Law Review (6)
- Publication Type
Articles 61 - 90 of 1050
Full-Text Articles in Intellectual Property Law
Contextualizing Patent Disclosure, Colleen V. Chien
Contextualizing Patent Disclosure, Colleen V. Chien
Vanderbilt Law Review
One of the main justifications for a patent system is that patents disclose useful technical information that others can learn from. However, patents are not performing this function well. The average patent is written in legalese, uses vague language, and is hard to connect to commercial activity. Legal scholars have responded with calls to improve the patent document through better writing, more examples, and better enforcement of patent doctrines. The courts have sought to ensure that patent specifications are robust and justify the grant of a monopoly. This follows from the Supreme Court's characterization of technical teachings within a patent …
Community Rights To Public Art, Cathay Y. N. Smith
Community Rights To Public Art, Cathay Y. N. Smith
Faculty Law Review Articles
In 1932, the Rockefeller family commissioned Diego Rivera to paint an enormous mural as the centerpiece of the RCA Building lobby in Rockefeller Center in New York City. The colorful mural that Rivera painted, titled Man at the Crossroads, included images of social, political, industrial, and scientific visions of contemporary society. One night in February of 1934, the Rockefellers hired workers to chisel the mural off the wall without any warning or notice. The mural was broken into pieces before being carted away and dumped. The destruction of his mural shocked Rivera. More importantly, however, the destruction of Rivera’s mural …
Whither Gene Patenting And The Patenting Of Diagnostic Methods Post-Mayo And Myriad? The Need For Certainty In Navigating The High Seas Of Policy, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
This paper is prompted by a series of recent high-profile decisions emanating from the apex courts in the US and Australia – namely, Mayo and Myriad – on the patent eligibility of gene-based inventions. Adopting a comparative approach, this paper critically examines whether isolated gene sequences and diagnostic methods qualify as patentable subject matter in several leading jurisdictions, including the US, Australia, Europe and the UK. An attempt will also be made, after carefully considering various arguments on both sides of the policy debate, at predicting what the future might hold (or, perhaps more accurately, at suggesting what the future …
Physicalism And Patent Theory, Christopher A. Cotropia
Physicalism And Patent Theory, Christopher A. Cotropia
Vanderbilt Law Review
United States patent law's view on the need for a physical embodiment of the invention, and the continued production and use of an embodiment, has varied over the last two centuries. In the early days, the requirement for 'physicalism" was high, with the inventor being required to actually reduce the invention to practice prior to patenting, and enforceability was tied to "working" the claimed invention. By the early 1900s, these requirements of physicalism disappeared. This changing view on physicalism speaks volumes as to which major patent theory the law emphasizes, with physicalism supporting the incentive to invent theory and the …
Nontechnical Disclosure, J. Jonas Anderson
Nontechnical Disclosure, J. Jonas Anderson
Vanderbilt Law Review
One of the primary goals of the patent system is the broad dissemination of technical knowledge. Patent law forces inventors to disclose how their inventions work. Inventors seeking a patent are required to describe "the manner and process of making and using" the patented invention. Additionally, a patent must "enable any person skilled in the art.., to make and use" the invention. Despite this explicit statutory disclosure requirement, patent law could do better at ensuring that patents convey useful information to the public. Academics have vigorously debated about whether and to what degree the patent system performs its disclosure function. …
The Doctrinal Structure Of Patent Law's Enablement Requirement, Jason Rantanen
The Doctrinal Structure Of Patent Law's Enablement Requirement, Jason Rantanen
Vanderbilt Law Review
This Article examines the formal law of enablement, focusing on a perceived split in the enablement doctrine: whether disclosure of a single mode of an invention is necessarily sufficient to satisfy the requirement of enablement or whether the full scope of the claim must be enabled. In examining this split, this Article articulates the enablement inquiry in conceptual terms, identifying two elements of the courts' analyses that are implicit in every enablement determination: the nature of enablement disputes, as challenges and the articulation of a target or targets that must be enabled. , With this understanding in mind, the "full …
Dynamic Patent Disclosure, Jeanne C. Fromer
Dynamic Patent Disclosure, Jeanne C. Fromer
Vanderbilt Law Review
Those who tout the role of disclosure as a benefit of the patent system emphasize-as the Supreme Court has-that the information in patents "add[s] to the general store of knowledge [and is] of such importance to the public weal that the Federal Government is willing to pay the high price of ... exclusive use for its disclosure, which disclosure ... will stimulate ideas and the eventual development of further significant advances in the art." As I excavate in this Article, the current state of patent disclosure-which many think is poor and does not achieve its objective of stimulating innovation-is impoverished …
Photocopies, Patents, And Knowledge Transfer: "The Uneasy Case" Of Justice Breyer's Patentable Subject Matter Jurisprudence, Dmitry Karshtedt
Photocopies, Patents, And Knowledge Transfer: "The Uneasy Case" Of Justice Breyer's Patentable Subject Matter Jurisprudence, Dmitry Karshtedt
Vanderbilt Law Review
One aspect of Justice Stephen Breyer's discomfort with patents, as expressed in his opinion for the Supreme Court in Mayo v. Prometheus and his dissent from the order dismissing certiorari in LabCorp v. Metabolite, is strikingly similar to one of his critiques of copyright law in The Uneasy Case for Copyright, a well-known article he wrote as Professor Breyer more than forty-five years ago. In The Uneasy Case, Breyer argued that the burdens on duplication of technical articles imposed by copyright law restrict the flow of information and prevent scientists from enjoying spillover benefits of published research. His patent opinions …
The Structural Implications Of Inventors' Disclosure Obligations, Kevin E. Collins
The Structural Implications Of Inventors' Disclosure Obligations, Kevin E. Collins
Vanderbilt Law Review
Disclosure theory posits that inventors must disclose knowledge about their inventions and make that knowledge freely available for certain uses during the term of a patent as part of the price that they pay for their exclusive patent rights. This Article identifies an overlooked implication of this disclosure obligation. The availability of disclosed knowledge itself for free public use during the term of a patent means that there must be limits on inventors' rights: inventors must not be allowed to transform the use of disclosed knowledge itself into infringement through strategic claiming. If they could, inventors would, oddly, be able …
Patent Silences, Dan L. Burk
Patent Silences, Dan L. Burk
Vanderbilt Law Review
A great deal has been said in recent years about patent disclosure. But to say that there is a disclosure function in the patent system implies that there is non-disclosure functioning in the patent system as well. For some information to be disclosed in a patent, other information must go undisclosed; for some things to be included, other things must be excluded. In this article I review the surprising number of doctrines that allow and encourage patent applicants to remain silent about aspects of their inventions. I find that some silences in patents are inadvertent, while some are deliberate; some …
The Role Of Design Choice In Intellectual Property And Antitrust Law, Stacey Dogan
The Role Of Design Choice In Intellectual Property And Antitrust Law, Stacey Dogan
Faculty Scholarship
When is it appropriate for courts to second-guess decisions of private actors in shaping their business models, designing their networks, and configuring the (otherwise non-infringing) products that they offer to their customers? This theme appears periodically but persistently in intellectual property and antitrust, especially in disputes involving networks and technology. In both contexts, courts routinely invoke what I call a “non-interference principle” — the presumption that market forces ordinarily bring the best outcomes for consumers, and that courts and regulators should not meddle in the process. This non-interference principle means, for example, that intermediaries need not design their networks to …
Copyrights From A Child's Perspective, Monica Vining
Copyrights From A Child's Perspective, Monica Vining
Georgia Journal of Law & Technology
No abstract provided.
Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley
Georgia Journal of Law & Technology
No abstract provided.
"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid
"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid
Georgia Journal of Law & Technology
No abstract provided.
Justice Between Authors, Dawn C. Nunziato
Justice Between Authors, Dawn C. Nunziato
Georgia Journal of Law & Technology
Traditionally, authors' copyright rights have been limited in order to promote the progress of science and the useful arts. However, authors today are increasingly employing additional protective measures that arguably are not subject to such limitations. Even if such extra-copyright measures are not limited like copyright protections, several principles underlying the copyright regime support imposing such limits on authors' rights. In this Article, based upon John Rawls's theory of justice as fairness, I develop a theory of justice between generations of authors. This theory requires that the rights of each generation of authors be limited for the benefit of subsequent …
Table Of Contents, Vol 9:2, Journal Of Intellectual Property Law
Table Of Contents, Vol 9:2, Journal Of Intellectual Property Law
Georgia Journal of Law & Technology
No abstract provided.
Finding The Public Domain: The Copyright Review Management System, Melissa Levine
Finding The Public Domain: The Copyright Review Management System, Melissa Levine
Copyright, Fair Use, Scholarly Communication, etc.
Historically, copyright review has been uncoordinated and has taken place on a modest scale. The Copyright Review Management System (CRMS) changes that. 1 CRMS was supported by the Institute of Museum and Library Services over three National Leadership Grants. It was led by the University of Michigan in collaboration with 19 other highly dedicated research libraries. Together, we developed a system to train and coordinate reviewers to assess the copyright status of digitized books held in the HathiTrust Digital Library. Over the course of the three interrelated grants that make up the CRMS project, we developed expertise in managing a …
Privatization Of The Judiciary, Eldar Haber
Privatization Of The Judiciary, Eldar Haber
Seattle University Law Review
The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights …
A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard
A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard
Seattle University Law Review
While various courts and numerous legal professionals have addressed the issue of inconsistent application of personal jurisdiction in cyberspace cases, the Supreme Court has yet to discuss the impact that technology might have on the analysis of personal jurisdiction; thus, many details remain unresolved. This Note examines the varying jurisdictional splits between the lower district courts, the courts of appeals, and the federal circuit court of appeals in determining the proper approach to take when dealing with Internet jurisdiction. After an examination of several key cases, this Note will explain why the Supreme Court, or the Legislature, should adopt an …
Circumvention Of Geoblocking, Marketa Trimble
Circumvention Of Geoblocking, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble gave her presentation Circumvention of Geoblocking at the "Law, Borders, and Speech" conference, held at Stanford Law School on Oct. 24, 2016.
Normalizing Copyright In The Electronic Environment, Vicenç Feliú
Normalizing Copyright In The Electronic Environment, Vicenç Feliú
Villanova Law Review (1956 - )
No abstract provided.
A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry
A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry
Georgia Journal of Law & Technology
No abstract provided.
Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen
Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen
Georgia Journal of Law & Technology
No abstract provided.
"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett
"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett
Georgia Journal of Law & Technology
No abstract provided.
Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer
Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer
Georgia Journal of Law & Technology
No abstract provided.
Xml Schemas And Computer Language Copyright: Filling In The Blanks In Blank Esperanto, Douglas E. Phillips
Xml Schemas And Computer Language Copyright: Filling In The Blanks In Blank Esperanto, Douglas E. Phillips
Georgia Journal of Law & Technology
No abstract provided.
Trademark Law, Functional Design Features, And The Trouble With Traffix, Harold R. Weinberg
Trademark Law, Functional Design Features, And The Trouble With Traffix, Harold R. Weinberg
Georgia Journal of Law & Technology
Part One of this article briefly defines some terms employed throughout and provides a short review of trademark principles. Parts Two and Three employ different methodologies to illuminate the functionality doctrine and the significance of Traffix. Part Two develops the etymology of important functionality standards including those considered in Traffix. It highlights links among the standards, and between the standards and evidence of functionality. Part Two's etymology suggests Part Three's economic methodology. The strength of the economic lens amplifies and simplifies the doctrine while its limitations help to explain why the functionality doctrine has been problematic and why Traffix is …
Table Of Contents, Vol 9:1, Journal Of Intellectual Property Law
Table Of Contents, Vol 9:1, Journal Of Intellectual Property Law
Georgia Journal of Law & Technology
No abstract provided.
Private Property For Public Use: The Federal Trademark Dilution Act And Anticybersquatting Consumer Protection Act As Violations Of The Fifth Amendment Takings Clause, Brian C. Smith
Georgia Journal of Law & Technology
No abstract provided.
Combating The Lure Of Impropriety In Professional Sports Industries: The Desirability Of Treating A Playbook As A Legally Enforceable Trade Secret, Rice Ferrelle
Georgia Journal of Law & Technology
No abstract provided.