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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

The Conspiracy Theory Handbook, Stephan Lewandowsky, John Cook Mar 2020

The Conspiracy Theory Handbook, Stephan Lewandowsky, John Cook

Copyright, Fair Use, Scholarly Communication, etc.

Conspiracy theories attempt to explain events as the secretive plots of powerful people. While conspiracy theories are not typically supported by evidence, this doesn’t stop them from blossoming. Conspiracy theories damage society in a number of ways. To help minimize these harmful effects, The Conspiracy Theory Handbook, by Stephan Lewandowsky and John Cook, explains why conspiracy theories are so popular, how to identify the traits of conspiratorial thinking, and what are effective response strategies.

The Handbook distills the most important research findings and expert advice on dealing with conspiracy theories. It also introduces the abbreviation CONSPIR which serves as a …


Casting Light On The Shade: Using Securities Laws To Draw New Contours In Art Investment Regulation, Emma Snover Mar 2020

Casting Light On The Shade: Using Securities Laws To Draw New Contours In Art Investment Regulation, Emma Snover

Fordham Law Review

The disparate treatment of art investments under the Internal Revenue Code and the Securities Exchange Act of 1934 poses a problem. This disparity generates inequities among art investors and between art investors and investors in traditional securities markets. The Internal Revenue Code considers both art and traditional securities to be capital assets with no material distinction. For example, prior to the 2017 tax act, art investors could defer the realization of capital gains through like-kind exchanges of works of art under section 1031 of the Internal Revenue Code. Currently, under section 1400Z-2, an addition to the Internal Revenue Code through …


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 …


Asian Ip Law: An Area Of Rising Importance, Kung-Chung Liu, Shufeng Zheng Mar 2020

Asian Ip Law: An Area Of Rising Importance, Kung-Chung Liu, Shufeng Zheng

Research Collection Yong Pung How School Of Law

Intellectual property (IP) laws are an important instrument for promoting cooperation and peace in Asia. In their own ways, Japan, Korea, Taiwan, Hong Kong, Singapore, China and India all serve as IP success stories. Structural features of the IP landscape in major Asian jurisdictions include the following: technocrat-driven IP law, national IP strategies and specialized IP or patent judges. In addition, there are five distinctively Asian developments worth noticing: the sweeping criminalization of copyright infringement, an explosion in the number of registered trademarks, the very limited use of compulsory patent licensing and the convergence on certain standards for the licensing …


Patent Shopping, Janet Freilich Mar 2020

Patent Shopping, Janet Freilich

Faculty Scholarship

Over the past decade, scholars have identified many entities who use the patent system in ways that differ from the traditional model of patent use — entities such as patent assertion entities, patent aggregators, or owners of large patent portfolios. This Article presents a model that explains the behavior of some of the biggest and most controversial entities in the patent system. This Article argues that such entities are engaged in “patent shopping” where the plaintiff makes a strategic choice of patent in order to obtain the best facts and substance in a case and thereby maximize the chance of …


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 …


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.