Intellectual Property Law Commons^™

Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin

Sustainable Development Law & Policy

No abstract provided.

You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch

Sustainable Development Law & Policy

No abstract provided.

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Comment: An Examination Of The Impact Of Malpractice Law On Telepsychiatry Clinicians & Clients With Suicidal Ideations, Tristan Serri

Akron Law Review

It has been said numerous times that the law runs five years behind technology. Although this lag frequently causes numerous difficulties in all aspects of law, this delay is even more impactful in telemedicine. While all fields of telemedicine are expanding rapidly across the United States, the majority of states and the federal government have not yet implemented proper laws and procedures to protect both providers of telemedicine and their patients. The dearth of needed protocols and protections is even more pronounced when examining the subfield of telepsychiatry.

In particular, the malpractice law surrounding telepsychiatry when dealing with patients with …

Human Capital As Intellectual Property? Non-Competes And The Limits Of Ip Protection, Viva R. Moffat

Akron Law Review

Non-compete agreements have become increasingly common in recent years, imposed on twenty to forty percent (or more) of employees in some industries, both in the knowledge-intensive fields where they might be expected but also in the service industries on low-wage workers. As non-competes have proliferated, they have become increasingly controversial. Much of the discussion revolves around whether the agreements help or hinder innovation and economic growth. While this is also accompanied by some concern about the effect of non-competes on employees, little attention has been paid to the fact that employers use non-competes as tools for protecting intellectual property and …

Trademark Boundaries And 3d Printing, Lucas S. Osborn

Akron Law Review

3D printing technology promises to disrupt trademark law at the same time that trademark law and policy sustain repeated criticism. The controversial growth of trademark law over the last century has yielded amorphous sponsorship and affiliation confusion issues and empirically fragile post-sale and initial-interest confusion theories, among others. Into this melee marches 3D printing technology, which dissociates the process of design from that of manufacturing and democratizes manufacturing. Rather than being embodied only in physical objects, design is embodied in digital CAD files that users can post and sell on the internet. The digitization of physical objects raises fundamental questions …

Charitable Trademarks, Leah Chan Grinvald

Akron Law Review

Charity is big business in the United States. In 2015, private individuals or entities donated over $350 billion, which accounted for approximately two percent of the gross domestic product in the United States. Even though this seems like big money, these donations were split among over 1.5 million organizations. And each year, the number of charitable organizations grows and therefore, the competition for public donations increases. In part to succeed in such competition, some charitable organizations have turned to branding and trademarks as a way to differentiate their entities and to encourage donations. Drawing from the for-profit branding and trademarking …

Redefining The Intended Copyright Infringer, Yvette Joy Liebesman

Akron Law Review

The contemporary copyright infringer is pretty much anyone who can get caught. Yet, who could be caught back when the Copyright Act of 1976 was enacted is just a subset of those who can be caught today—we had very different concepts about who was the intended target of an infringement action than who fits into that mold today. The advent and growth of cyberspace communication now makes it both easier to infringe and for IP owners, with very little effort, to capture infringers. The ability of individuals to both easily infringe and easily be found infringing has altered the IP …

Copyright Easements, Jason Mazzone

Akron Law Review

When authors assign the copyright in their work to publishers, some productive uses of the work are impeded. The author loses opportunities to use or to authorize others to use the work unless the publisher consents; the publisher does not permit all uses of the work that the author would like or that would benefit a consuming audience. Copyright easements can solve the problem. Under a system of copyright easements, an easement holder would have designated rights in a creative work that would permit uses of the work that would ordinarily require permission of the copyright owner. If the author …

Reconsidering Experimental Use, Rochelle Cooper Dreyfuss

Akron Law Review

In the years since the Supreme Court began to narrow the scope of patentable subject matter, uncertainties in the law have had a deleterious impact on several important innovation sectors, including, in particular, the life sciences industry. There are now initiatives to expand patentable subject matter legislatively. In this article, I suggest that the Supreme Court’s jurisprudence is an outgrowth of the concern that patents on fundamental discoveries impede scientific research. To deal with that issue, any measure to expand the subject matter of patenting should be coupled with a parallel expansion of defenses to infringement liability, including the restoration …

Patent Submission Policies, Ryan T. Holte

Akron Law Review

This Article focuses on the early stage of commercialization communication when a third-party inventor owns an invention protected by a patent that a manufacturer-commercializer may profit from producing—long before any allegation of infringement or litigation. These submission-review communications by unaffiliated third parties are covered by corporate policies known as “patent submission policies.” They are the figurative “front doors” to a company for any third-party inventor, crucial to the commercialization of inventions generally. Unfortunately, patent submission policies have thus far remained unstudied in legal academic scholarship.

This Article collects and analyzes the current variations of patent submission policies adopted by the …

The Ttab Should Drink A Beer And Relax: Implications For Trademark Consent Agreements In The Craft Brewing Industry After In Re Bay State Brewing Company, Inc., Spencer T. Wiles

Washington and Lee Law Review Online

No abstract provided.

Cls Band International V. Alice Corp. Pty. Ltd.: Determining A Standard For Abstract Idea Patent Eligibility, Zachary Lee

Oklahoma Journal of Law and Technology

No abstract provided.

"It's A Trap": Cdna Is Patent Eligible? But Is It Patentable?, Jeremy Mckinney

Oklahoma Journal of Law and Technology

No abstract provided.

Post-Myriad Genetics Copyright Of Synthetic Biology And Living Media, Michael D. Murray

Oklahoma Journal of Law and Technology

No abstract provided.

Nasig Core Competencies For Scholarly Communication Librarians, Andrew Wesolek, Wm. Joseph Thomas, Angela Dresselhaus, Julie Fielding, Char Simser, Sarah Sutton, Jason Boczar, Rachel Miles, Stephanie Spratt, Wendy Robertson, Betsy Appleton

Copyright, Fair Use, Scholarly Communication, etc.

The following Core Competencies for Scholarly Communication Librarians were developed out of research and discussion conducted by the NASIG Scholarly Communication Core Competencies Task Force. Scholarly communication is defined by ACRL as “the system through which research and other scholarly writings are created, evaluated for quality, disseminated to the scholarly community, and preserved for future use. The system includes both formal means of communication, such as publication in peer-reviewed journals, and informal channels, such as electronic listservs (Association of College & Research Libraries, “Principles and Strategies for the Reform of Scholarly Communication 1,” 2003). The specific duties of the scholarly …

Confusion Abounds Regarding Patent Eligibility Within The Biotechnology Community, Foster Dobry

Oklahoma Journal of Law and Technology

No abstract provided.

Bridgemen Art Library, Ltd. V. Corel Corporation Revisited: Authors Guild V. Hathitrust And The New Frontier Of Fair Use, Caitlin A. Buxton

Oklahoma Journal of Law and Technology

No abstract provided.

Print Your Own Pandora's Box: 3d Printing, Intellectual Property Law, And The Internet For Lay-Lawyers, Adam Lewental

The Business, Entrepreneurship & Tax Law Review

This comment’s main purpose is to explore intellectual property law meant to protect against manufacturing infringement after manufacturing becomes decentralized. Part II glimpses into the applicable 3D printing technology, with a focus on its current capabilities and future application. Part III explores the rift between utility and design intellectual property protection within the framework of intellectual property protection. Part IV analyzes the overlap of the technology and the law. Part V projects the potential impact of inaction by drawing comparisons to parallel issues, as well as the potential impact of the technology itself.

Using Fair Use To Preserve And Share Disappearing Government Information, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

Access to government information is a fundamental principle in a democratic society. Particularly in the digital environment, government information is a driver for economic and social progress as well as a predicate for an informed citizenry. From 2009 through 2016, open government was a hallmark of the Obama administration, which observed that, “openness in government strengthens our democracy, promotes the delivery of efficient and effective services to the public, and contributes to economic growth.” Libraries and archives have historically served as stewards of government documents, and in recent years, these institutions have paid special attention to the unique vulnerability of …

The Domino Effect: How Inadequate Intellectual Property Rights In The Fashion Industry Affect Global Sustainability, Cassandra Elrod

Indiana Journal of Global Legal Studies

This note discusses an unexplored problem at the nexus of fashion and intellectual property law: how "fast fashion" leads to unsustainability of global resources and human rights issues pertaining to overseas manufacturing facilities. This unnecessary chain of events could be avoided if fashion designers were granted more substantial intellectual property rights rather than an overall lack of protection. Instead of turning a blind eye to the consequences of consumer demand and "fast fashion," Congress needs to address these issues head on through legislation that mirrors some of the copyright protections afforded fashion designers overseas

A Picture's Worth: The Future Of Copyright Protection Of User-Generated Images On Social Media, Elizabeth Tao

Indiana Journal of Global Legal Studies

In the current digital age, the internet is teeming with personal websites and social media posts. As more people around the world are becoming and staying connected to the internet, more stories and photos are sharing over social networking sites each second. Social media presents a ubiquitous platform to share one's life with others, but this accessibility comes at a price. This Note examines the history and present state of copyright law, within the framework of photography, to highlight the gaps within these laws as applied to personal works of art, like personal photographs, posted to social media sites. Social …

Metadata And Copyright: Should Institutions License Their Data About Scholarship?, Krista L. Cox

Copyright, Fair Use, Scholarly Communication, etc.

Institutions have a number of options for how to treat metadata while encouraging widespread use and sharing. Some institutions may determine that no license is necessary to openly share metadata, taking the position that the metadata they produce is not copyrightable. Others might share it using a CC0 license or CC0 with additional guidelines. In determining how to share metadata, institutions should consider possible cross-border implications as well as the potential that what is defined as metadata could grow in breadth and raise additional copyright concerns. Additionally, institutions should take into account the benefit that clear and easy-to-understand policies provide …

Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini

Arbitration Law Review (2009 - Present)

No abstract provided.

Fighting The Troll Toll: The Case For Judicial Review Of The U.S.P.T.O. Director's Denial Of A Petition To Institute An Inter Partes Review, Renoj Zachariah

Cardozo Law Review

The note challenges the Federal Circuit's ruling in St. Jude Medical, LLC v. Volcano Corp., which held that the Director of the U.S. Patent and Trademark Office's (USPTO) decision to deny an Inter Partes Review (IPR) is final and non-appealable under 35 U.S.C. § 314(d). Arguing that this ruling misinterprets the statute and undermines the goals of the America Invents Act (AIA), the article advocates for judicial review of such decisions to ensure fairness, prevent abuse of discretion, and align IPR proceedings with administrative law principles. It also highlights the inconsistency in allowing judicial review for Covered Business Method …

The Devil Wears Nada: How The Current Statutory Damages System For Counterfeit Trademarks As Demonstrated In Chanel, Inc. V. Matos Is Out Of Style, Lauren Matturri

Villanova Law Review (1956 - )

No abstract provided.

The Right-Based View Of The Cathedral: Liability Rules And Corrective Justice, Omri Rachum-Twaig, Ohad Somech

Pepperdine Law Review

In their celebrated paper, Calabresi and Melamed offered a framework, often referred to as the ‘‘Cathedral’’ analysis, which explains when and why entitlements should be protected using two main sets of rules—property rules and liability rules. This framework is now widely used to explain some private law doctrines. However, cases that are easily explained as applications of liability rules are usually difficult to explain under the private law theory of correlative corrective justice. This is because the basic idea underlying corrective justice conflicts with the notion of rules that allow the nonconsensual property appropriation subject to compensation. In this Article, …

Making & Sharing Scholarship: Copyright Issues In Scholarly Communication (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the presenters' notes:

Today’s focus – not copyright generally, or copyright for things like library digitization, but copyright in the context of scholarly publishing.

Copyright’s purpose and higher education’s purpose have a lot in common. We as a society all benefit if people can build on the discoveries that came before them, while having an incentive to create new things.

Article I, Section 8, where the authority for US copyright law comes from, reads "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective …

Scholarly Communication: From Understanding To Engagement (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Jaron Porciello, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

“The goal of the program is to empower participants to help accelerate the transformation of the scholarly communication system.” From www.ala.org/acrl/issues/scholcomm/roadshow.

Understanding Scholarly Communication: Framing The Issues (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Jaron Porciello, William M. Cross, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the presenters' notes:

This is the (simple) big overview of the SC system. Within this system exist participants, pressures and intersections, which lead to the opportunities that we’re seeing now.

Participants: Researchers, authors, administrators, students, editors, peer reviewers, and others. Including libraries. Flow in and out and according to processes.

A system of systems: Higher education, publishing industry, disciplinary practice, scholarly societies, internet culture, research industry, IP/legal system, funders, AND OF COURSE faculty rewards system (P&T).