Intellectual Property Law Commons^™

2c Patent Law Session. U.S. Patent Developments, Martin J. Adelman, Dimitrios T. Drivas, Nicholas P. Groombridge, Adam Mossoff, Laura Sheridan, Ari Laakkonen, Steven Lieberman

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

2b Patent Law Session. Patents And The Pandemic, Penny Gilbert, Joshua D. Sarnoff, John Todaro, James Love, Justin Hughes, Miquel Montañá, Kevin J. Mcgough, Jihn Lee

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

3b Copyright Law Session. Copyright Potpourri, Ron Lazebnik, Umair Kazi, Sepehr Shahshahani, Paolo Catallozzi, Steven J. Shapiro, Christine Storry, Ann Bartow, Susan Scafidi

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

4b Trademark Law Session. Trademark Applications And Enforcement In Bad Faith: Developments In The Courts And Legislature, Sven Schonhofen, Alexander Tsoutsanis, Magdalena Berger, Gareth Dickson, Paul Maier, Daniel R. Bereskin C.M., Q.C.

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

4c Trademark Law Session. Trademark Potpourri, Magdalena Berger, Etienne Sanz De Acedo, Gordon Humphreys, Melissa Pittaoulis, Joel Smith, Daan Erickson, Irene Calboli, Anderson Duff

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

2a Patent Law Session. Subject Matter Eligibility, Adam Mossoff, John B. Pegram, David J. Kappos, Shimako Kato, Michael Williams, Trevor Cook

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

3a Copyright Law Session. Eu Copyright Reform, Ted Shapiro, Eleonora Rosati, Jan Bernd Nordemann, Jerker Rydén, Fiona Phillips, Giuseppe Mazziotti, Silke Von Lewinski

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

3c Copyright Law Session. U.S. Copyright Developments, David O. Carson, Ralph Oman, Nick Bartelt, Steven Tepp, Kevin Madigan, Robert J. Bernstein, Jonathan Band

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

4a Trademark Law Session. Eu Trademark Law Update, James Nurton, Tobias Timmann, Peter Reuss, David Stone, Christina Münter, Anke Nordemann-Schiffel

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

1b Plenary Session. Key Current Ip Issues, Hugh C. Hansen, Kathleen M. O'Malley, Colin Birss, Antony Taubman, Michele Woods, Allen Dixon, Jane C. Ginsburg, Annsley Merelle Ward

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

1a Plenary Session. Government Leaders’ Perspectives On Ip, Hugh C. Hansen, Daren Tang, António Campinos, Shira Perlmutter, Marco Giorello, Pauline Newman, Brian H. Pandya

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw

Georgetown Law Faculty Publications and Other Works

As COVID-19 vaccination rates in high-income countries increase, governments are proposing or implementing digital health passes (DHPs) (vaccine “passports” or “certificates”). Israel uses a “green pass” smartphone application permitting vaccinated individuals’ access to public venues (eg, gyms, hotels, entertainment). The European Union plans a “Digital Green Certificate” enabling free travel within the bloc (see eTable in the Supplement). New York is piloting an IBM “Excelsior Pass,” confirming vaccination or negative SARS-CoV-2 test status through confidential data transfers to fast-track business reopenings. This paper examines the benefits of DHPs, scientific challenges, and whether they are lawful and ethical.

Blockchain & Ccpa, Alza Jr., Gustavo

Santa Clara High Technology Law Journal

BLOCKCHAIN & CCPA

Is There Evidence Of Antitrust Harm In The House Judiciary Committee’S Hot Docs?, Oh, Sarah

Santa Clara High Technology Law Journal

IS THERE EVIDENCE OF ANTITRUST HARM IN THE HOUSE JUDICIARY COMMITTEE’S HOT DOCS?

Note: Patentability Of 3d Printed Biomaterials, Nicole Barba

Notre Dame Journal on Emerging Technologies

The Congressional criteria for patentability, detailed in 35 U.S.C §§101-03, states that an invention must be novel, useful, and nonobvious. In addition to these requirements, the Judiciary requires that the invention not be classified as a law of nature, natural phenomenon, or abstract idea. The purpose of each of these criterion is to ensure that patents are granted only to inventions that “promote the Progress of . . . useful Arts.” As new technologies emerge, it is unclear whether these judicially created criteria still serve that purpose or whether the criteria are overly expansive such that truly useful inventions are …

Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu

Articles

Geographical indications are a type of intellectual property right that can be used to protect a source indicator when some quality, characteristic, or reputation of a good is attributable to its geographic origin. To the extent that geographic location and culture overlap, geographical indications could be described as a form of cultural protection. Italy, which is known for both its food and fashion, has geographical indications for a range of items, such as extra virgin olive oils, pastas, and wines. Can geographical indications protect other aspects of culture, such as fashion? For example, the famous Italian designer, Valentino, received both …

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

Faculty Scholarship

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopted sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. Based on …

The Injunction Function: How And Why Courts Secure Property Rights In Patents, Adam Mossoff

Notre Dame Law Review

This Essay addresses one aspect of this legal and policy debate concerning remedies in patent law: how and why courts presumptively secured patent owners with injunctions against ongoing or willful infringements of their property rights. Prompted by the United States Supreme Court’s 2006 decision in eBay v. MercExchange, which created a new four-factor test for issuing injunctions on a finding of ongoing infringement of a valid patent, there is a growing body of scholarly commentary on the role of injunctive remedies in securing property rights in new technological innovations. Much of this commentary focuses on how eBay has resulted in …

Putting The Equity Back Into Intellectual Property Remedies, Henry E. Smith

Notre Dame Law Review

Within the realm of remedies, intellectual property remedies have presented particular difficulties, and in intellectual property law, controversy has focused on remedies. Concerns about holdup in intellectual property have even begun to lead to innovations in the law of remedies itself. Many of the difficulties and controversies raging now center around remedies that are “equitable.” In this Essay I argue that recovering a major function of equity—as meta-law— helps us understand these problems and to offer potential solutions. Meta-law is a higher order intervention when regular law fails, in contexts of high complexity and uncertainty, often stemming from polycentricity, conflicting …

A Framework For Evaluating Willingness Of Frand Licensees, Jorge L. Contreras

Utah Law Faculty Scholarship

An increasing number of cases around the world turn on whether a manufacturer of a product – e.g., a smartphone, a tablet or a car -- (an “implementer”) is willing to pay a “fair, reasonable and nondiscriminatory” (FRAND) royalty for patents that are essential to an industry standard embodied in that product (standards-essential patents or SEPs). This determination is important both to the analysis of the appropriateness of an injunction under the 4-factor eBay test in the U.S., and for assessing the appropriateness of injunctive relief under the Huawei v. ZTE competition law case in the EU. This essay explores …

Covid-19 As An Example Of Why Genomic Sequence Data Should Remain Patent Ineligible, Jorge L. Contreras

Utah Law Faculty Scholarship

The researchers who determined the genomic sequence of the SARS-CoV-2 virus did not seek to patent it, but instead released it in the publicly-accessible GenBank data repository. Their release of this critical data enabled the scientific community to mobilize rapidly and conduct research on a range of diagnostic, vaccine, and therapeutic applications based on the viral RNA sequence. Had the researchers sought patent protection for their discovery, as earlier research teams had during the SARS, H1N1 and H5N1 outbreaks, global research relating to COVID-19 would have been less efficient and more costly. One of the reasons that patents are no …

Injunctions In Patent Law: A Trans-Atlantic Dialog On Flexibility And Tailoring, Jorge L. Contreras, Martin Husovec,

Utah Law Faculty Scholarship

This chapter is from the edited volume "Injunctions in Patent Law: A Trans-Atlantic Dialogue on Flexibility and Tailoring" (Jorge Contreras & Martin Husovec, eds., Cambridge Univ. Press, forthcoming). It offers a unique analytical synthesis of eleven national and two regional/international descriptions of flexibilities in patent remedies authored by leading scholars in the field. This synthesis identifies a range of similarities and differences among jurisdictions, explains the principal features of these different legal systems, provides an analytical framework for comparing them, and offers observations about trends and the outlook for the future. The countries studied include Canada, Finland, France, Germany, Israel, …

Balance Requirements For Standards Development Organizations: A Historical, Legal And Institutional Assessment, Justus Baron, Jorge L. Contreras, Pierre Larouche

Utah Law Faculty Scholarship

Most technical standards-development organizations (SDOs) have adopted internal policies embodying “due process” criteria such as openness, balance of interests, consensus decision making and appeals. These requirements arise from numerous sources including antitrust law, international trade law, public procurement requirements and institutional norms. Yet balance criteria lack a generally-accepted definition and the manner in which they are implemented varies, sometimes dramatically, among SDOs. Recently, there has been a renewed interest in the principle that SDOs should ensure a balance of interests among their stakeholders, including in the development of intellectual property rights policies. This article explores the origins and meaning of …

Past The Tipping Point, But With Hope Of Return: How Creating A Geoengineering Compulsory Licensing Scheme Can Incentivize Innovation, Brooke Wilson

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the patenting of geoengineering technologies and issues arising from the early stages of this high-risk, high-reward technology. This Note focuses on one possible solution to solving the issues surrounding the patenting of geoengineering technology: Creating a specialized compulsory licensing scheme.

Enabling Science Fiction, Camilla A. Hrdy, Daniel H. Brean

Michigan Technology Law Review

Patent law promotes innovation by giving inventors 20-year-long exclusive rights to their inventions. To be patented, however, an invention must be “enabled,” meaning the inventor must describe it in enough detail to teach others how to make and use the invention at the time the patent is filed. When inventions are not enabled, like a perpetual motion machine or a time travel device, they are derided as “mere science fiction”—products of the human mind, or the daydreams of armchair scientists, that are not suitable for the patent system.

This Article argues that, in fact, the literary genre of science fiction …

The Missing Goal-Scorers In The Artificial Intelligence Team: Of Big Data, The Fundamental Right To Research And The Failed Text And Data Mining Limitations In The Csdm Directive, Christophe Geiger

Joint PIJIP/TLS Research Paper Series

This article argues that recent strategies of the European Union in the field of Artificial Intelligence (AI) resemble a football team missing a goal-scorer to win any of the competitions with other jurisdictions having more flexible limitations to copyright, in particular with those allowing robust text and data mining (TDM) activities. It analyses the TDM limitations newly introduced in EU copyright law by the Directive on Copyright in the Digital Single Market to show that these provisions not only fail to take duly into account the right to research grounded in the fundamental right to information, but also will not …

Not The African Copyright Pirate Is Perverse, But The Situation In Which (S)He Lives-Textbooks For Education, Extraterritorial Human Rights Obligations, And Constitutionalization "From Below" In Ip Law, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

Printed textbooks remain crucial for education, particularly in developing countries. However, in many of these countries, textbooks are unavailable, too expensive, or not accessible in learners’ native tongues. Digital content, for many reasons, does not prove a wondrous solution. Cheaply (translating and) reproducing textbooks would be a strategy. However, reprography is highly regulated under copyright law. Copyright also adds to the cost of textbooks. The availability, accessibility, and acceptability of learning materials constitute essential elements of the right to education under international human rights law.

Intellectual property (IP) law has so far refrained from endorsing the concept of extraterritorial state …

Pushing Back On Stricter Copyright Isp Liability Rules, Pamela Samuelson

Michigan Technology Law Review

For more than two decades, internet service providers (ISPs) in the United States, the European Union (EU), and many other countries have been shielded from copyright liability under “safe harbor” rules. These rules apply to ISPs who did not know about or participate in user-uploaded infringements and who take infringing content down after receiving notice from rights holders. Major copyright industry groups were never satisfied with these safe harbors, and their dissatisfaction has become more strident over time as online infringements have grown to scale.

Responding to copyright industry complaints, the EU in 2019 adopted its Directive on Copyright and …

Copyrighting Copywrongs: An Empirical Analysis Of Errors With Automated Dmca Takedown Notices, Seng, Daniel

Santa Clara High Technology Law Journal

COPYRIGHTING COPYWRONGS: AN EMPIRICAL ANALYSIS OF ERRORS WITH AUTOMATED DMCA TAKEDOWN NOTICES

Denying Cultural Intellectual Property: An International Perspective On Anjali Vats's The Color Of Creatorship, J. Janewa Osei-Tutu

Articles

In The Color of Creatorship, Anjali Vats offers a compelling analysis of intellectual property (IP) laws through the lens of critical race theory. Providing a persuasive account of the role of racialized perspectives and colonial histories in the making of IP laws, Vats calls on activists to "persuade lawmakers that knowledge production comes in a variety of forms." She makes a valuable contribution to the literature on race and IP, asking us to think about IP citizenship and how this has been framed in the United States. In this brief essay, I will connect Vats's analysis to some of the …