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Articles 361 - 390 of 696
Full-Text Articles in Intellectual Property Law
Patent Eligibility Of Disease Diagnosis, Shahrokh Falati
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
“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
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
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
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
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
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
Defending Local Working, Melat Arega
Intellectual Property Brief
No abstract provided.
Cybersecurity And Patent Law - Let's Work Together, Vignesh Ramachandran
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.