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Articles 541 - 570 of 696
Full-Text Articles in Intellectual Property Law
Regime For Use Of Out-Of-Commerce Works, Lucie Guibault
Regime For Use Of Out-Of-Commerce Works, Lucie Guibault
Articles, Book Chapters, & Popular Press
A presentation of the new provisions in European Directive 2019/790 on Copyright in the Digital Single Market on the licensing and use of out-of-commerce works by cultural heritage institutions.
Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, Joao Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll
Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, Joao Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll
Articles, Book Chapters, & Popular Press
Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, …
From Discovery To Delivery: Public Sector Development Of The Rvsv-Zebov Ebola Vaccine, Matthew Herder, Janice Graham, Richard Gold
From Discovery To Delivery: Public Sector Development Of The Rvsv-Zebov Ebola Vaccine, Matthew Herder, Janice Graham, Richard Gold
Articles, Book Chapters, & Popular Press
The discovery and development of the Ebola rVSV-ZEBOV vaccine challenge the common assumption that the research and development for innovative therapeutic products and vaccines is best carried out by the private sector. Using internal government documents obtained through an access to information request, we analyze the development of rVSV-ZEBOV by researchers at Canada’s National Microbiology Laboratory beyond its patenting and licensing to a biotech company in the United States in 2010. According to government documentation, the company failed to make any progress toward a phase 1 clinical trial until after the WHO Public Health Emergency of International Concern freed substantial …
Unscrewing The Future: The Right To Repair And The Circumvention Of Software Tpms In The Eu, Anthony D. Rosborough
Unscrewing The Future: The Right To Repair And The Circumvention Of Software Tpms In The Eu, Anthony D. Rosborough
Articles, Book Chapters, & Popular Press
This analysis examines the impact of software technological protection measures (“TPMs”) in the European Union which inhibit the repair and maintenance of products. Using John Deere tractors as a case study, this analysis addresses the growing number of products which incorporate computerisation and TPMprotected software into their design and function. In utilising software integration and TPMs, many product designs now allow manufacturers to retain considerable control over the manner of repair and choice of technician. In response, consumers and lawmakers are calling for legal reforms to make self-repair and servicing easier. Both the competition law and moral implications of this …
Jefferson’S Taper, Jeremy N. Sheff
Jefferson’S Taper, Jeremy N. Sheff
SMU Law Review
This Article reports a new discovery concerning the intellectual genealogy of one of American intellectual property law’s most important texts. The text is Thomas Jefferson’s often-cited letter to Isaac McPherson regarding the absence of a natural right of property in inventions, metaphorically illustrated by a “taper” that spreads light from one person to another without diminishing the light at its source. I demonstrate that Thomas Jefferson likely copied this Parable of the Taper from a nearly identical passage in Cicero’s De Officiis, and I show how this borrowing situates Jefferson’s thoughts on intellectual property firmly within a natural law theory …
Copyright Infringement Liability Of Online Content Sharing Platforms In The Us And In The Eu After The Digital Single Market Directive: A Case Study, Teresa García-Barrero
Copyright Infringement Liability Of Online Content Sharing Platforms In The Us And In The Eu After The Digital Single Market Directive: A Case Study, Teresa García-Barrero
Kernochan Center for Law, Media, and the Arts
The EU copyright liability regime for internet service providers has significantly changed after the enactment of article 17 of the Digital Single Market Directive. Where two fairly similar systems once existed in the US and in the EU, there are now significant differences between the regimes with which service providers must comply in each region. This paper seeks to offer a practical view of the differences between both systems through a comparative analysis of the result that the application of each legal framework would have on an identical factual case. Specifically, this paper contrasts the decision reached by US courts …
Abandoning Copyright, David Fagundes, Aaron Perzanowski
Abandoning Copyright, David Fagundes, Aaron Perzanowski
Faculty Articles
For nearly two hundred years, U.S. copyright law has assumed that owners may voluntarily abandon their rights in a work. But scholars have largely ignored copyright abandonment, and case law on the subject is fragmented and inconsistent. As a result, abandonment remains poorly theorized, owners can avail themselves of no reliable mechanism to abandon their works, and the practice remains rare. This Article seeks to bring copyright abandonment out of the shadows, showing that it is a doctrine rich in conceptual, normative, and practical significance. Unlike abandonment of real and chattel property, which imposes significant public costs in exchange for …
Wipo Conversation On Intellectual Property (Ip) And Artificial Intelligence (Ai), Sean Flynn
Wipo Conversation On Intellectual Property (Ip) And Artificial Intelligence (Ai), Sean Flynn
Working Papers
No abstract provided.
Plagiarize This Paper, Brian L. Frye
Plagiarize This Paper, Brian L. Frye
Law Faculty Scholarly Articles
It is meet and just that I write this essay while toiling in the salt mines of academia. We academics devote our works and days to scouring those mines for ideas in the rough. Some of us discover a rich vein, but others must comb through the tailings. Whatever we find, we cut and polish until it glistens and shines. Of course, some ideas prove to be diamonds while others remain mere pebbles. But then a diamond is just a pebble that many people admire, and one person’s diamond is another’s pebble. Regardless, academics strive to find the scholarly diamond …
Patents & Legal Expenditures, Christopher J. Ryan, Brian L. Frye
Patents & Legal Expenditures, Christopher J. Ryan, Brian L. Frye
Law Faculty Scholarly Articles
Universities are engines of innovation. To encourage further innovation, the federal government and charitable foundations give universities grants in order to enable university researchers to produce the inventions and discoveries that will continue to fuel our knowledge economy. Among other things, the Bayh-Dole Act of 1980 was supposed to encourage additional innovation by enabling universities to patent inventions and discoveries produced using federal funds and to license those patents to private companies, rather than turning their patent rights over to the government. The Bayh-Dole Act unquestionably encouraged universities to patent inventions and license their patents. Since the passage of the …
Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga
Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga
NYLS Law Review
No abstract provided.
Anything You Can Do, Ai Can't Do Better: An Analysis Of Conception As A Requirement For Patent Inventorship And A Rationale For Excluding Ai Inventors, Kaelyn R. Knutson
Anything You Can Do, Ai Can't Do Better: An Analysis Of Conception As A Requirement For Patent Inventorship And A Rationale For Excluding Ai Inventors, Kaelyn R. Knutson
Cybaris®
No abstract provided.
Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, João Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll
Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, João Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll
Joint PIJIP/TLS Research Paper Series
Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, …
Copyright Law's Impact On Machine Intelligence In The United States And The European Union, Matthew Sag
Copyright Law's Impact On Machine Intelligence In The United States And The European Union, Matthew Sag
Faculty Publications & Other Works
No abstract provided.
Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall
Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall
Mitchell Hamline Law Review
No abstract provided.
Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example Of The European Court Of Human Rights, Christophe Geiger, Elena Izyumenko
Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example Of The European Court Of Human Rights, Christophe Geiger, Elena Izyumenko
Mitchell Hamline Law Review
No abstract provided.
Copyright And Human Rights In The Ballroom: A Minuet Between The United States And The Eu, Maria Lillà Montagnani, Alina Trapova
Copyright And Human Rights In The Ballroom: A Minuet Between The United States And The Eu, Maria Lillà Montagnani, Alina Trapova
Mitchell Hamline Law Review
No abstract provided.
Minor Advances, Major Consequences: Hatch-Waxman Administers Exclusivity For Drug Delivery Devices, Taylor Stemler
Minor Advances, Major Consequences: Hatch-Waxman Administers Exclusivity For Drug Delivery Devices, Taylor Stemler
Mitchell Hamline Law Review
No abstract provided.
Copyright And Attention Scarcity, Jake Linford
Copyright And Attention Scarcity, Jake Linford
Scholarly Publications
No abstract provided.
2019 Trademark Law Decisions Of The Federal Circuit, Stephanie H. Bald, Sara Copeland Parker
2019 Trademark Law Decisions Of The Federal Circuit, Stephanie H. Bald, Sara Copeland Parker
American University Law Review
No abstract provided.
The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland
The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland
Catholic University Journal of Law and Technology
Our nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what …
Legal Lessons From A Very Fast Problem: Covid-19, Eric E. Johnson, Theodore Bailey
Legal Lessons From A Very Fast Problem: Covid-19, Eric E. Johnson, Theodore Bailey
Faculty Articles
The course of a pandemic is as much a function of social structures as protein structures. Law is among the most important of these social structures, and it is among those most capable of the kind of rapid adaptation that is needed against an exponentially replicating virus. Thus, there is an urgent need to scrutinize the role of the law in impeding or supporting timely and effective measures to combat the great pandemic caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and its associated malady, coronavirus disease 2019, better known as COVID-19. This Essay offers a look back on …
United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court, Niki Kuckes
Roger Williams University Law Review
No abstract provided.
United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali
Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali
SMU Science and Technology Law Review
No abstract provided.
Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus
Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus
SMU Science and Technology Law Review
With rising caseloads, review systems are increasingly taxed, stymieing traditional methods of case screening. We propose an automated solution: predictive models of legal decisions can be used to identify and focus review resources on outlier decisions—those decisions that are most likely the product of biases, ideological extremism, unusual moods, and carelessness and thus most at odds with a court’s considered, collective judgment. By using algorithms to find and focus human attention on likely injustices, adjudication systems can largely sidestep the most serious objections to the use of algorithms in the law: that algorithms can embed racial biases, deprive parties of …
Notice And Choice Must Go: The Collective Control Alternative, Richard Warner
Notice And Choice Must Go: The Collective Control Alternative, Richard Warner
SMU Science and Technology Law Review
Over twenty years of criticism conclusively confirm that Notice and Choice results in, as the law professor Fred Cate puts it, “the worst of all worlds: privacy protection is not enhanced, individuals and businesses pay the cost of bureaucratic laws.” So why is it still the dominant legislative and regulatory approach to ensuring adequate informational privacy online? Recent implementations of Notice and Choice include the European Union’s General Data Protection Regulation, and California’s Consumer Protection Privacy Act. There is a well-known alternative (advanced by Helen Nissenbaum and others) that sees informational privacy as arising from social norms that require conformity …
An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer
An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer
SMU Science and Technology Law Review
No abstract provided.
The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry
The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry
SMU Science and Technology Law Review
No abstract provided.