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Intellectual Property Law Commons

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2020

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Articles 361 - 390 of 696

Full-Text Articles in Intellectual Property Law

Patent Eligibility Of Disease Diagnosis, Shahrokh Falati Mar 2020

Patent Eligibility Of Disease Diagnosis, Shahrokh Falati

Articles & Chapters

The U.S. Supreme Court effectively redefined the scope of patent eligible subject matter when it decided Mayo. This decision focused on medical diagnostic technology and has had a profound effect on the biotechnology and personalized medicine industries in the United States. Subsequent back-to-back decisions by the Supreme Court in Myriad and Alice have made it unequivocally clear that there is now wholesale broadening of the judicially created exceptions to statutory laws governing patent eligible subject matter. This has caused havoc in the biopharmaceutical industry by not only making it a near impossibility to obtain a patent in certain fields, but …


“Catchy Phrases That Convey A Message”: The Danger Of Tam’S Copymark Creep And Trademark Law’S New First Amendment Analysis, Stacey M. Lantagne Mar 2020

“Catchy Phrases That Convey A Message”: The Danger Of Tam’S Copymark Creep And Trademark Law’S New First Amendment Analysis, Stacey M. Lantagne

Nevada Law Journal

No abstract provided.


The Cost Of Novelty, Will Nicholson Price Ii Mar 2020

The Cost Of Novelty, Will Nicholson Price Ii

Articles

Patent law tries to spur the development of new and better innova­tive technology. But it focuses much more on “new” than “better”—and it turns out that “new” carries real social costs. I argue that patent law promotes innovation that diverges from existing technology, either a little (what I call “differentiating innovation”) or a lot (“exploring innova­tion”), at the expense of innovation that tells us more about existing technology (“deepening innovation”). Patent law’s focus on newness is unsurprising, and fits within a well-told narrative of innovative diversity accompanied by market selection of the best technologies. Unfortunately, innovative diversity brings not only …


Automation In Moderation, Hannah Bloch-Wehba Mar 2020

Automation In Moderation, Hannah Bloch-Wehba

Faculty Scholarship

This Article assesses recent efforts to encourage online platforms to use automated means to prevent the dissemination of unlawful online content before it is ever seen or distributed. As lawmakers in Europe and around the world closely scrutinize platforms’ “content moderation” practices, automation and artificial intelligence appear increasingly attractive options for ridding the Internet of many kinds of harmful online content, including defamation, copyright infringement, and terrorist speech. Proponents of these initiatives suggest that requiring platforms to screen user content using automation will promote healthier online discourse and will aid efforts to limit Big Tech’s power.

In fact, however, the …


Can Algorithms Promote Fair Use?, Peter K. Yu Mar 2020

Can Algorithms Promote Fair Use?, Peter K. Yu

Faculty Scholarship

In the past few years, advances in big data, machine learning and artificial intelligence have generated many questions in the intellectual property field. One question that has attracted growing attention concerns whether algorithms can be better deployed to promote fair use in copyright law. The debate on the feasibility of developing automated fair use systems is not new; it can be traced back to more than a decade ago. Nevertheless, recent technological advances have invited policymakers and commentators to revisit this earlier debate.

As part of the Symposium on "Intelligent Entertainment: Algorithmic Generation and Regulation of Creative Works," this Article …


Comments On Preliminary Draft 5 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek Mar 2020

Comments On Preliminary Draft 5 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek

Faculty Scholarship

We appreciate the considerable work that has gone into PD5, and believe that several of its provisions and Comments accurately quote or state and explain the law. Nonetheless, PD5 manifests several of the earlier drafts’ shortcomings. We remain particularly concerned that the relationship of this draft to the statute remains highly inconsistent, not to say erratic. We are not sanguine that our oft-repeated calls that the Reporters and ALI devise a consistent and transparent methodology for restating a statute will finally be heeded. (To the extent there is a guiding principle behind this Restatement, and PD5, it often appears to …


The Ip Of Ipas, Stephen Wolfson, Brian Roth, Chase Scott, Dustin Watts, Charles Hicks, Shivani Patel Feb 2020

The Ip Of Ipas, Stephen Wolfson, Brian Roth, Chase Scott, Dustin Watts, Charles Hicks, Shivani Patel

Other Colloquium, Conferences, and Symposia

Hosted by the Journal of Intellectual Property Law, this panel brought Brian Roth (Southern Brewing Co.), Chase Scott (Taylor, Feil, Harper & Lumsden, P.C.), and Dustin Watts (Terrapin Beer Co.) together with Stephen Wolfson (Research & Copyright Services Librarian, UGA Law School) and students from the Journal of Intellectual Property Law to discuss how breweries are navigating intellectual property issues. Free koozies to commemorate the event were distributed.


Defending Local Working, Melat Arega Feb 2020

Defending Local Working, Melat Arega

Intellectual Property Brief

No abstract provided.


Cybersecurity And Patent Law - Let's Work Together, Vignesh Ramachandran Feb 2020

Cybersecurity And Patent Law - Let's Work Together, Vignesh Ramachandran

Intellectual Property Brief

No abstract provided.


The Patentability Of Gene Editing Technologies Such As Crispr & The Harmonization Of Laws Relating To Germline Editing, Jessica Wachowicz Feb 2020

The Patentability Of Gene Editing Technologies Such As Crispr & The Harmonization Of Laws Relating To Germline Editing, Jessica Wachowicz

Intellectual Property Brief

No abstract provided.


Million Dollar Bloggers Club: How The Copyright Act Fails The Blogging Phenomenon And A Proposal For More Effective Protection, Callie Coker Feb 2020

Million Dollar Bloggers Club: How The Copyright Act Fails The Blogging Phenomenon And A Proposal For More Effective Protection, Callie Coker

Intellectual Property Brief

No abstract provided.


Lights, Lights, Lights! Finding Light In The Darkness Of The Public/Private Patent Debate, Loletta Darden Feb 2020

Lights, Lights, Lights! Finding Light In The Darkness Of The Public/Private Patent Debate, Loletta Darden

Intellectual Property Brief

No abstract provided.


U.S. Regulation Of Blockchain Currencies: A Policy Overview, Averie Brookes Feb 2020

U.S. Regulation Of Blockchain Currencies: A Policy Overview, Averie Brookes

Intellectual Property Brief

No abstract provided.


The First 48: A Tc Heartland Story, Marc Kustner, Nicholas Tsui Feb 2020

The First 48: A Tc Heartland Story, Marc Kustner, Nicholas Tsui

Intellectual Property Brief

No abstract provided.


Obstacles To Obtaining And Enforcing Intellectual Property Rights In The Marijuana Industry, Emily Pyclik Feb 2020

Obstacles To Obtaining And Enforcing Intellectual Property Rights In The Marijuana Industry, Emily Pyclik

Intellectual Property Brief

No abstract provided.


How The Digital Millennium Copyright Act Affects Cybersecurity, Katherine Weigle Feb 2020

How The Digital Millennium Copyright Act Affects Cybersecurity, Katherine Weigle

Intellectual Property Brief

No abstract provided.


Behind The Music: Music Producers & Their Struggles For Authorship Rights, Dima S. Budron Feb 2020

Behind The Music: Music Producers & Their Struggles For Authorship Rights, Dima S. Budron

Intellectual Property Brief

No abstract provided.


Technology, The Internet And The Evolution Of Webcasters...Amazon Revisited, Jessica Michelle Ciminero Feb 2020

Technology, The Internet And The Evolution Of Webcasters...Amazon Revisited, Jessica Michelle Ciminero

Intellectual Property Brief

No abstract provided.


Fictious Flattery: Fair Use, Fan Fiction, And The Business Of Imitation, Mynda Rae Krato Feb 2020

Fictious Flattery: Fair Use, Fan Fiction, And The Business Of Imitation, Mynda Rae Krato

Intellectual Property Brief

No abstract provided.


Voluntary Licensing Of Pharmaceuticals: The Strategy Against Compulsory Licensing, Daniel D. Kim Feb 2020

Voluntary Licensing Of Pharmaceuticals: The Strategy Against Compulsory Licensing, Daniel D. Kim

Intellectual Property Brief

No abstract provided.


A Nonobvious Approach To Functional Claiming In Software Patents, Jennifer Chiang Feb 2020

A Nonobvious Approach To Functional Claiming In Software Patents, Jennifer Chiang

Intellectual Property Brief

No abstract provided.


Mediation At The Court Of Appeals For The Federal Circuit, Gidget Benitez Feb 2020

Mediation At The Court Of Appeals For The Federal Circuit, Gidget Benitez

Intellectual Property Brief

No abstract provided.


Lost In Space: The Copyright Dilemma, Sedef Ayalp Feb 2020

Lost In Space: The Copyright Dilemma, Sedef Ayalp

Intellectual Property Brief

No abstract provided.


What's All The Hype About Hyperlinking?: Connections In Copyright, Dawn Leung Feb 2020

What's All The Hype About Hyperlinking?: Connections In Copyright, Dawn Leung

Intellectual Property Brief

No abstract provided.


The Fifty States Of Sway & The European Cheese Union: Why The United States And The European Union Struggle With The Implementation Of Geographical Indications In Their Ttip Negotiations, Lando M.C. Hermann Feb 2020

The Fifty States Of Sway & The European Cheese Union: Why The United States And The European Union Struggle With The Implementation Of Geographical Indications In Their Ttip Negotiations, Lando M.C. Hermann

Intellectual Property Brief

No abstract provided.


Fair Play: Copyright Issues And Fair Use In Youtube "Let's Plays" And Video Game Livestreams, Sebastian C. Mejia Feb 2020

Fair Play: Copyright Issues And Fair Use In Youtube "Let's Plays" And Video Game Livestreams, Sebastian C. Mejia

Intellectual Property Brief

No abstract provided.


Regulatory Responses Against Reverse Payment Agreements In The Pharmaceutical Industry, Njideka Chukwu Feb 2020

Regulatory Responses Against Reverse Payment Agreements In The Pharmaceutical Industry, Njideka Chukwu

Intellectual Property Brief

No abstract provided.


Standing In The Thicket: Reconciling Differing Standards Of Judiciability In Intellectual Property Disputes, Kendall J. Brady Feb 2020

Standing In The Thicket: Reconciling Differing Standards Of Judiciability In Intellectual Property Disputes, Kendall J. Brady

Intellectual Property Brief

No abstract provided.


Lasering In On The Federal Communications Commission: Can The Fcc Regulate Laser Communications?, Joel Thayer Feb 2020

Lasering In On The Federal Communications Commission: Can The Fcc Regulate Laser Communications?, Joel Thayer

Intellectual Property Brief

No abstract provided.


Update: Reorienting Bayh-Dole's March-In: Looking To Purpose And Objectives In The Public's Interest, Abigail Amato Rives Feb 2020

Update: Reorienting Bayh-Dole's March-In: Looking To Purpose And Objectives In The Public's Interest, Abigail Amato Rives

Intellectual Property Brief

No abstract provided.