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Articles 511 - 540 of 607
Full-Text Articles in Intellectual Property Law
Defensive Patent Litigation Strategy For Chinese Companies: A Review Of The Extraterritorial Reach Of The United States Patent Laws, Lisa D. Zang
Fordham Intellectual Property, Media and Entertainment Law Journal
China has experienced an extraordinary transformation from a poor, developing nation into a global economic power. With China becoming one of the U.S.’s largest trading partners, however, Chinese companies have become increasingly enmeshed in U.S. patent litigations. Although the U.S. patent laws are intended only to govern conduct within the nation’s borders, the line between domestic and foreign economic activities has become increasingly blurred. Modern sales transactions often span multiple countries, and in such situations, it may not be clear whether the U.S. patent laws apply. For Chinese companies facing exposure to U.S. patent litigations, it is critical to understand …
Free Speech In The Modern Age, [email protected]
Free Speech In The Modern Age, [email protected]
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Author And The Other: Reexamining The Doctrine Of Joint Authorship In Copyright Law, Tehila Rozencwaig-Feldman
The Author And The Other: Reexamining The Doctrine Of Joint Authorship In Copyright Law, Tehila Rozencwaig-Feldman
Fordham Intellectual Property, Media and Entertainment Law Journal
Over the years, there has been an increase in the importance and prevalence of the joint authorship doctrine resulting from the internet evolution and globalization processes which allow quick sharing of content and information among various creators from around the world. The collaborations that increased and intensified during the COVID-19 pandemic occurred across a wide variety of creative areas. Today, many types of works such as songs, movies, software, and computer games are created regularly through joint authorship. However, current copyright law regimes relate to this complex and fascinating phenomenon in a limited way, leading to courts’ inconsistent interpretation of …
Targeting Exceptions, Michal Lavi
Targeting Exceptions, Michal Lavi
Fordham Intellectual Property, Media and Entertainment Law Journal
On May 26, 2020, the forty-fifth President of the United States, Donald Trump, tweeted: “There is NO WAY (ZERO!) that Mail-In Ballots will be anything less than substantially fraudulent. Mail boxes will be robbed, ballots will be forged & even illegally printed out & fraudulently signed.” Later that same day, Twitter appended an addendum to the President’s tweets so viewers could “get the facts” about California’s mail-in ballot plans and provided a link. In contrast, Facebook’s CEO Mark Zuckerberg refused to take ac- tion on President Trump’s posts. Only when it came to Trump’s support of the Capitol riot did …
Bringing Clout To The Masses: An In-Depth Look At The “Legal Fake” Phenomenon, Nicole Kim
Bringing Clout To The Masses: An In-Depth Look At The “Legal Fake” Phenomenon, Nicole Kim
Fordham Intellectual Property, Media and Entertainment Law Journal
A snaking line of customers that wraps around the block leading to a minimalist, yet iconoclastic store can only mean one thing: drop day. Rain or shine, devoted fans of brands such as Supreme, Palace, and Off-White, among others, are willing to spend their time and money for the opportunity to cop the latest and most exclusive items. In recent years, the rise of streetwear has projected once-underground skater labels to the forefront of youth culture, mainstream society, and high fashion. Not only has this movement affected niche designers and traditional luxury names, but streetwear has also reshaped the consumer …
“Bello E Ben Fatto”—The Protection Of Fashion “Made In Italy”, Barbara Pozzo
“Bello E Ben Fatto”—The Protection Of Fashion “Made In Italy”, Barbara Pozzo
FIU Law Review
No abstract provided.
Take The Airwaves And Run: How A Loophole In The Copyright Laws Is Helping Competitors Gain An Advantage In The Name Of Public Interest, Mario Romero
FIU Law Review
No abstract provided.
Puff Puff? I'Ll Pass: Protecting The Recreational Cannabis Market From Counterfeit Products Under False Advertising Law, Wynetta D. Mcintosh
Puff Puff? I'Ll Pass: Protecting The Recreational Cannabis Market From Counterfeit Products Under False Advertising Law, Wynetta D. Mcintosh
Marquette Intellectual Property & Innovation Law Review
None
Weighing The Patent Box: An Evaluation Of The Ex Post Tax Incentive Of A Lower Tax Regime For Products That Incorporate Patents, Kyle Beczkiewicz
Weighing The Patent Box: An Evaluation Of The Ex Post Tax Incentive Of A Lower Tax Regime For Products That Incorporate Patents, Kyle Beczkiewicz
Marquette Intellectual Property & Innovation Law Review
None
Innovoting: How Democracy Is Being Reshaped By Women's Innovative Voting Activism & Candidacy, Andrea Schneider, Kali Murray, Amber Wichowsky, Christina Wolbrecht, Mary Kelley, Kara Swanson
Innovoting: How Democracy Is Being Reshaped By Women's Innovative Voting Activism & Candidacy, Andrea Schneider, Kali Murray, Amber Wichowsky, Christina Wolbrecht, Mary Kelley, Kara Swanson
Marquette Intellectual Property & Innovation Law Review
None
The Origins And Unforeseen Implications Of The Architectural Works Copyright Protection Act And Recent Developments In Its Interpretation And Implementation, Robert Greenstreet
The Origins And Unforeseen Implications Of The Architectural Works Copyright Protection Act And Recent Developments In Its Interpretation And Implementation, Robert Greenstreet
Marquette Intellectual Property & Innovation Law Review
None
Patents As Public Nuisances, Keyana Payne
Patents As Public Nuisances, Keyana Payne
Marquette Intellectual Property & Innovation Law Review
None
Access Denied? Unauthorized Access After Hiq Labs V. Linkedin, Dalton Sjong
Access Denied? Unauthorized Access After Hiq Labs V. Linkedin, Dalton Sjong
Marquette Intellectual Property & Innovation Law Review
None
Krawiec V. Manly, Abigail Demasi
Banksy: Artist, Prankster, Or Both?, Anna Tichy
Promoting Corporate Irresponsibility? Delaware As The Intellectual Property Holding State, Xuan-Thao Nguyen
Promoting Corporate Irresponsibility? Delaware As The Intellectual Property Holding State, Xuan-Thao Nguyen
Articles
This article is about Delaware corporate irresponsibility. Delaware has stealthily become the center of all things intellectual property. As the leader of onshore tax havens since the early 1980s, Delaware attracts multistate corporations to engage in aggressive tax avoidance schemes. Specifically, Delaware has legislatively and methodically attracted the creation of Intellectual Property Holding Companies (IPHCs), enabling companies to avoid paying their share of taxes to sister states on the income generated from the use of Intellectual Property assets. This article traces the rise of Delaware as the intellectual property state and concludes that the benefits Delaware enjoys promote corporate irresponsibility …
Attitudes Towards Ip Present Among Seattle Craft Breweries, Zahr K. Said
Attitudes Towards Ip Present Among Seattle Craft Breweries, Zahr K. Said
Articles
No abstract provided.
Sovereignty 2.0, Anupam Chander, Haochen Sun
Sovereignty 2.0, Anupam Chander, Haochen Sun
Georgetown Law Faculty Publications and Other Works
Digital sovereignty—the exercise of control over the internet—is the ambition of the world’s leaders, from Australia to Zimbabwe, a bulwark against both foreign state and foreign corporation. Governments have resoundingly answered first-generation internet law questions of who if anyone should regulate the internet—they all will. We now confront second generation questions—not whether, but how to regulate the internet. We argue that digital sovereignty is simultaneously a necessary incident of democratic governance and democracy’s dreaded antagonist. As international law scholar Louis Henkin taught us, sovereignty can insulate a government’s worst ills from foreign intrusion. Assertions of digital sovereignty, in particular, …
The Corruption Of Copyright And Returning It To Its Original Purposes, Michelle M. Wu
The Corruption Of Copyright And Returning It To Its Original Purposes, Michelle M. Wu
Georgetown Law Faculty Publications and Other Works
Since its inception, Copyright has had two purposes: the private interest of the author in being paid for her work and the public interest served by the dissemination of these works. Within the last two decades, though, some industries have systematically undermined both of those interests, redirecting the benefits of copyright towards themselves instead of the intended beneficiaries. This paper looks at the book, music, and entertainment industries, examines how copyright has been used to suppress the uses it was intended to foster, and explores ongoing and proposed avenues for course correction.
Restoring The Balance Of Copyright: Antitrust, Misuse, And Other Possible Paths To Challenge Inequitable Licensing Practices, Michelle M. Wu
Restoring The Balance Of Copyright: Antitrust, Misuse, And Other Possible Paths To Challenge Inequitable Licensing Practices, Michelle M. Wu
Georgetown Law Faculty Publications and Other Works
Libraries’ purposes of ensuring access to and preservation of information have been compromised as licensing increasingly replaces ownership. This article outlines various novel legal strategies that libraries could use to restore copyright’s intended balance, including antitrust, preemption, misuse, and unconscionability.
Storming Zuckerberg’S Castle, Anupam Chander
Storming Zuckerberg’S Castle, Anupam Chander
Georgetown Law Faculty Publications and Other Works
A company’s server is its castle, Richard Epstein once declared. Because of this, anyone sending an email to that server needs permission to enter. Within its own logic, this seems incontrovertible, but it depends on a few logical steps worth unpacking. It begins with the premise that a man’s home is his castle. (The masculine pronoun in the early formulation seems relevant.) Let us accept that premise for the purpose of argument. Combining this premise with the investiture of legal personhood on a corporation, we might then deduce that a company’s home must be its castle. Finally, combining that …
Fashion's Brand Heritage, Cultural Heritage, And The Piracy Paradox, Felicia Caponigri
Fashion's Brand Heritage, Cultural Heritage, And The Piracy Paradox, Felicia Caponigri
Journal Articles
This Article explores the role that heritage has on our understanding of the appropriateness of intellectual property protection for fashion designs in light of Christopher Sprigman and Kal Raustiala’s seminal work in The Piracy Paradox. At times, heritage seems to both reinforce Sprigman and Raustiala’s argument that fashion thrives in a low-IP regime and, at other times, heritage challenges that argument. Taking Italian fashion design as a case study, this Article considers the intersection of brand heritage, cultural heritage, and intellectual property law and makes three central observations. First, that fashion designs reflecting brand heritage thrive in a low-IP regime. …
Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael P. Goodyear
Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael P. Goodyear
Vanderbilt Journal of Entertainment & Technology Law
Bollywood and the Indian film industry have enjoyed enormous success, being among the largest movie producers in the world. Yet, despite the bright image of Indian cinema producing over a thousand movies a year and selling billions of tickets, the industry has faced controversy over the practice of copying expression, sometimes practically scene for scene, from US and other international films and adapting them into a version that reflects Indian social and cinematic customs and mores (“Indian cultural adaptation”). A long-standing practice, Indian cultural adaptation in Bollywood has only attracted the attention of Hollywood studios in the past twenty years, …
When Art Might Constitute A Taking: A Takings Clause Inquiry Under The Visual Artists Rights Act, Thomas A. Shelburne
When Art Might Constitute A Taking: A Takings Clause Inquiry Under The Visual Artists Rights Act, Thomas A. Shelburne
Vanderbilt Journal of Entertainment & Technology Law
At first glance, a federal statute protecting the moral rights of artists and their artwork seems like a unanimous victory. But it turns out that government action protecting certain works of art attached to buildings may give rise to a valid takings clause claim under the Fifth Amendment. Without compensation, a regulation requiring a landowner to maintain someone else’s property on his land would constitute a taking. The Visual Artists Rights Act of 1990 (VARA) requires landowners to maintain protected artwork attached to buildings or potentially face statutory damages. Although only one court has heard and subsequently denied a takings …
Clearing Opacity Through Machine Learning, W. Nicholson Price Ii, Arti K. Rai
Clearing Opacity Through Machine Learning, W. Nicholson Price Ii, Arti K. Rai
Articles
Artificial intelligence and machine learning represent powerful tools in many fields, ranging from criminal justice to human biology to climate change. Part of the power of these tools arises from their ability to make predictions and glean useful information about complex real-world systems without the need to understand the workings of those systems.
Eu General Data Protection Regulation Sanctions In Theory And In Practice, W. Gregory Voss, Bouthinon-Dumas, Hugues
Eu General Data Protection Regulation Sanctions In Theory And In Practice, W. Gregory Voss, Bouthinon-Dumas, Hugues
Santa Clara High Technology Law Journal
EU GENERAL DATA PROTECTION REGULATION SANCTIONS IN THEORY AND IN PRACTICE
The Curious Crypto Question: Do Patents Advance Fintech Innovation? The Paradox Arising From Five Key Recent Trends, Katopis, Chris J.
The Curious Crypto Question: Do Patents Advance Fintech Innovation? The Paradox Arising From Five Key Recent Trends, Katopis, Chris J.
Santa Clara High Technology Law Journal
The Author examines some recent trends in intellectual property (U.S. patents) in the fintech sector, summarizes this empirical data, and discusses the potential implications of these developments.
The Future Of Biotechnology: Accelerating Geneediting Advancements Through Non-Exclusive Licenses And Open-Source Access Of Crispr-Cas9, Rissberger, Emily N.
The Future Of Biotechnology: Accelerating Geneediting Advancements Through Non-Exclusive Licenses And Open-Source Access Of Crispr-Cas9, Rissberger, Emily N.
Santa Clara High Technology Law Journal
From the immune system of bacteria comes a promising new gene-editing technology, CRISPR-Cas9. Discovered in 2012, CRISPR-Cas9 has already been named one of the fastest, easiest, and cheapest gene-editing technologies. With this reputation, CRISPR-Cas9 shows promise in the research and treatments of a wide array of diseases: cancer, blood disorders, blindness, AIDS, Cystic Fibrosis, Muscular Dystrophy, Huntington’s disease, and even COVID-19 to name a few. This relatively new technology has brought hope to researchers, doctors, and patients alike; however, current biotechnology licensing practices could hinder CRISPR-Cas9’s groundbreaking potential. This article examines common biotechnology licensing practices, specifically the practices of two …
Should Personal Information And Biometric Data Be Protected Under A Comprehensive Federal Privacy Statute That Uses The California Consumer Privacy Act And The Illinois Biometric Information Privacy Act As Model Laws?, Buresh, Donald L.
Santa Clara High Technology Law Journal
The issue addressed in this paper was that only a minority of states have passed privacy and biometric privacy rights laws. The collection, storage, use, and dissemination of personal information and biometric data is becoming paramount due to the public’s ever-increasing desire for security. The purpose of this study was to understand and evaluate the privacy and property issues that states confront that are inherent within the use and results of employing personal information and biometric data to enhance corporate security in their efforts to protect individual privacy. This research addressed the following questions: (1) What are the biometric privacy …
Eu Directive On Copyright In The Digital Single Market: An Outlier In Intermediary Liability And The Death Of Safe Harbor Protections, Marisa N. Sanchez
Eu Directive On Copyright In The Digital Single Market: An Outlier In Intermediary Liability And The Death Of Safe Harbor Protections, Marisa N. Sanchez
University of San Francisco Law Review
No abstract provided.