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Intellectual Property Law Commons

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2017

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Articles 511 - 540 of 715

Full-Text Articles in Intellectual Property Law

The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan Jan 2017

The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan

SMU Science and Technology Law Review

Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered as the “gold …


The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy Jan 2017

The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy

SMU Science and Technology Law Review

No abstract provided.


Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness Jan 2017

Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness

SMU Science and Technology Law Review

In 2006, Federal Rule of Civil Procedure (FRCP) 37(e) came into effect, declaring that lost electronically stored information (ESI) could not prompt “sanctions … on a party” absent “exceptional circumstances.” Sanctions were limited to where the loss resulted from “the routine, good-faith operation of an electronic information system.” Effective December 1, 2015, Rule 37(e) now contemplates limited “measures … to cure the prejudice” caused by lost and irreplaceable ESI arising from a party’s failure “to take reasonable steps to preserve,” where the lost ESI “should have been preserved in the anticipation or conduct of litigation.” For more culpable conduct, the …


Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryynanen England Jan 2017

Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryynanen England

SMU Science and Technology Law Review

No abstract provided.


Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn Jan 2017

Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn

SMU Science and Technology Law Review

No abstract provided.


You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol Jan 2017

You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol

SMU Science and Technology Law Review

No abstract provided.


Foreword, Xuan-Thao Nguyen Jan 2017

Foreword, Xuan-Thao Nguyen

SMU Science and Technology Law Review

No abstract provided.


Thinking About The Trans-Pacific Partnership (And A Mega-Regional Agreement On Life Support), Peter K. Yu Jan 2017

Thinking About The Trans-Pacific Partnership (And A Mega-Regional Agreement On Life Support), Peter K. Yu

SMU Science and Technology Law Review

No abstract provided.


Much Ado About The Tpp’S Effect On Pharmaceuticals, Emily Michiko Morris Jan 2017

Much Ado About The Tpp’S Effect On Pharmaceuticals, Emily Michiko Morris

SMU Science and Technology Law Review

No abstract provided.


Patents, Industrial Designs, And The Trans-Pacific Partnership: Articles 18.37–18.46 And 18.55–18.56, David O. Taylor, Aaron Pirouznia Jan 2017

Patents, Industrial Designs, And The Trans-Pacific Partnership: Articles 18.37–18.46 And 18.55–18.56, David O. Taylor, Aaron Pirouznia

SMU Science and Technology Law Review

This essay summarizes the articles of the Trans-Pacific Partnership dealing with patents and industrial designs, and compares and contrasts those articles with U.S. law and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).


Trade Secrets, Safe Harbors, And International Trade, W. Keith Robinson Jan 2017

Trade Secrets, Safe Harbors, And International Trade, W. Keith Robinson

SMU Science and Technology Law Review

The Trans-Pacific Partnership (TPP) is a proposed trade agreement that establishes terms for trade and business between the United States and eleven Pacific Rim nations. The United States has withdrawn from the TPP, but interest in the agreement remains because some of its provisions serve as a template for future international trade deals. This article focuses on the TPP provisions concerning trade secrets and Internet Service Provider (ISP) Safe Harbors. While both provisions mirror U.S. law, they do lack certain "safeguards." Commentators have observed that the absence of these safeguards unfairly favor the interests of large corporations and rights holders …


Copyright, Rights Management, And The Trans-Pacific Partnership: Best Practices, Cole Davis Jan 2017

Copyright, Rights Management, And The Trans-Pacific Partnership: Best Practices, Cole Davis

SMU Science and Technology Law Review

No abstract provided.


Trademark Boundaries: The Geography Of Non-Conventional Marks, Constance R. Lindman Jan 2017

Trademark Boundaries: The Geography Of Non-Conventional Marks, Constance R. Lindman

SMU Science and Technology Law Review

No abstract provided.


Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu Jan 2017

Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu

SMU Science and Technology Law Review

No abstract provided.


Criminal Sanctions And The Tpp: Section 18.77, Shawn Marie Boyne Jan 2017

Criminal Sanctions And The Tpp: Section 18.77, Shawn Marie Boyne

SMU Science and Technology Law Review

No abstract provided.


From Tpp To University: Transforming Technology Transfer, Hamid Piroozi Jan 2017

From Tpp To University: Transforming Technology Transfer, Hamid Piroozi

SMU Science and Technology Law Review

No abstract provided.


Beyond Tpp: Legal Reform For Financing Intellectual Property And Innovation In Vietnam, Xuan-Thao Nguyen Jan 2017

Beyond Tpp: Legal Reform For Financing Intellectual Property And Innovation In Vietnam, Xuan-Thao Nguyen

SMU Science and Technology Law Review

No abstract provided.


Toward A Knowledge-Based Economy: Tpp And Thailand’S Experience And Concerns, Apinya Bunditwuthisagul Jan 2017

Toward A Knowledge-Based Economy: Tpp And Thailand’S Experience And Concerns, Apinya Bunditwuthisagul

SMU Science and Technology Law Review

No abstract provided.


Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine Jan 2017

Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine

SMU Science and Technology Law Review

No abstract provided.


Legal Issues In Ip Protection For Additive Manufacturing, Sharon Flank Jan 2017

Legal Issues In Ip Protection For Additive Manufacturing, Sharon Flank

Texas A&M Journal of Property Law

Additive manufacturing (“AM”) offers the power to design and create in new ways but also brings challenges in intellectual property protection and unauthorized copying, along with potential liability issues. One growing problem is counterfeiting, which is recognized as part of a worldwide industry estimated at over $1 trillion. “There are two basic paths to creating counterfeits with 3D printing.” First, the print instructions, in the form of a software design file, can be stolen, shared, or mocked up. Alternatively, an existing object “(including a genuine branded or licensed product)” can be 3D scanned to create a design file to print …


Printing The Future: The Implications Of 3d Printing, Timothy R. Holbrook Jan 2017

Printing The Future: The Implications Of 3d Printing, Timothy R. Holbrook

Texas A&M Journal of Property Law

What I am going to talk about today is sort of an aggregation of a lot of things I have already published, or am thinking about, that relates to how 3D printing challenges our patent system and how the patent system could respond doctrinally now and, in other ways, that we could theorize we could do. We should be frightened about some of those steps, however. I will then discuss some of the consequences that flow from these arguments. And so, I will skip through some of the earlier slides as to 3D printing. I think people know what that …


Who Runs The Internet?, Anupam Chander Jan 2017

Who Runs The Internet?, Anupam Chander

Georgetown Law Faculty Publications and Other Works

There is no single answer to the question of who runs the Internet. Is it the United States, often seen as the hegemon of the Internet, home to so many of the world’s leading Internet enterprises? Is it China, which erects a “Great Firewall” to assert control over the portion of the Internet available in China? Is it the European Union, which extends its power globally through its data protection regime, designating countries as “adequate” or (implicitly) “inadequate” to receive its data? Is it ICANN, the California not-for-profit organization that controls how Internet addresses are allocated? Is it the World …


Intellectual Property Law, David Mccombs, Phillip B. Philbin, Ellie Simpson, Bethany Hrischuk Jan 2017

Intellectual Property Law, David Mccombs, Phillip B. Philbin, Ellie Simpson, Bethany Hrischuk

SMU Annual Texas Survey

No abstract provided.


Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu Jan 2017

Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu

Articles

This Article compares the natural rights property framework with the international human rights framework for intellectual property. These two frameworks share a common theoretical basis in the natural rights tradition but appear to lead to conflicting outcomes. Proponents of natural rights to intellectual property tend to support more expansive intellectual property protections. Yet, advocates of a human rights approach to intellectual property contend that human rights will have a moderating influence on intellectual property law. This Article is among the first scholarly works to explore the apparent conflict between these two important frameworks for intellectual property. It concludes that a …


Beyond Trademarks And Offense: Tam And The Justices’ Evolution On Free Speech, Clay Calvert Jan 2017

Beyond Trademarks And Offense: Tam And The Justices’ Evolution On Free Speech, Clay Calvert

UF Law Faculty Publications

In Matal v. Tam , the Supreme Court threw out the “disparagement clause” of the Lanham Act, the federal trademark law, because trademarks are private speech and thus regulating them based on government determinations of offensiveness violates the First Amendment. The solid outcome here contrasts with the narrow, incremental results in some other recent First Amendment cases that reached the Court.


Has The Era Of Privacy Come To An End?, Avner Levin Jan 2017

Has The Era Of Privacy Come To An End?, Avner Levin

Canadian Journal of Law and Technology

This keynote address to the 2016 McGill Law Graduate Conference provides a brief history of privacy before discussing contemporary challenges in the form of increasing technological ability to create, store and process personal information, and powerful advocacy against privacy from both government and the private sector. In order for privacy to survive, a new set of personal information protection principles is required and new ways of enforcing these principles must be developed, which will leverage the power of technology to develop hybrid regulatory/ technological solutions, such as Google’s content removal tool.


The Law Of Cyber Warfare: Restrictions, Opportunities And Loopholes, Nicholas Tsagourias Jan 2017

The Law Of Cyber Warfare: Restrictions, Opportunities And Loopholes, Nicholas Tsagourias

Canadian Journal of Law and Technology

The article considers the applicability of existing international rules on the use of force to cyber attacks and assesses their effectiveness. The author’s conclusion is that the current regime on the use of force fails to capture the particularities of cyber attacks and for this reason he makes some tentative proposals for enhancing security in this area.


Protecting Fashion Designs: Not Only "What?" But "Who?", Julie Zerbo Jan 2017

Protecting Fashion Designs: Not Only "What?" But "Who?", Julie Zerbo

American University Business Law Review

No abstract provided.


Contributory Liability Under The Acpa: A More Effective Approach To Deterring Cybersquatting At Its Source, Andrew J. Piombino Jan 2017

Contributory Liability Under The Acpa: A More Effective Approach To Deterring Cybersquatting At Its Source, Andrew J. Piombino

Roger Williams University Law Review

No abstract provided.


Redefining The Intended Copyright Infringer, Yvette Joy Liebesman Jan 2017

Redefining The Intended Copyright Infringer, Yvette Joy Liebesman

All Faculty Scholarship

In the mid-1970s, Paul Edmond Dowling and William Samuel Theaker ran an “extensive bootleg record operation.”1 The two men made unauthorized “phonorecords of unreleased [Elvis] Presley recordings. . . [using] material from a variety of sources, including studio outtakes, acetates, soundtracks from Presley motion pictures, and tapes of Presley concerts and television appearances.”2 Dowling was a huge Elvis Presley fan, so he “handled the ‘artistic’ end of the operation, contributing his knowledge of the Presley subculture, seeking out and selecting the musical material, designing the covers and labels, and writing the liner notes.”3 Theaker, who lived in …