Intellectual Property Law Commons^™

“Inducing” Copyright Infringement In Canada: Is It A Thing?, David Vaver

Editorials and Commentaries

Is there such a thing as “inducing” copyright infringement? There isn’t in the United Kingdom, but the Federal Court in Bell Canada v L3D Distributing Inc (INL3D) 2021 FC 832 (“L3D Distributing”) thought there was in Canada and the defendants had done it. Indeed, the court thought that inducing infringement, which to date had been considered wrong only in respect of patents, applied to all forms of intellectual property (“IP”).

A La Recherche De Breyer Perdu, 21 Uic Rev. Intell. Prop. L. 38 (2022), Shubha Ghosh

UIC Review of Intellectual Property Law

No abstract provided.

Judicial Errors: Fake Imaging And The Modern Law Of Evidence, 21 Uic Rev. Intell. Prop. L. 82 (2022), Guy Alon, Azmi Haider, Hagit Hel-Or

UIC Review of Intellectual Property Law

No abstract provided.

Coloring Inside The Lines: A Look At Qualitex V. Jacobson, 21 Uic Rev. Intell. Prop. L. 49 (2022), Willajeanne Mclean

UIC Review of Intellectual Property Law

No abstract provided.

A Good Day To Be A Bad Spaniel: Broadening The Application Of The Rogers Test, 21 Uic Rev. Intell. Prop. L. 193 (2022), Mikhaila Duvall

UIC Review of Intellectual Property Law

No abstract provided.

Eviscerating Patent Scope, 21 Uic Rev. Intell. Prop. L. 121 (2022), Shahrokh Falati

UIC Review of Intellectual Property Law

No abstract provided.

If The Metaverse Is Built, Will Copyright Challenges Come?, 21 Uic Rev. Intell. Prop. L. 215 (2022), Levan Nanobashvili

UIC Review of Intellectual Property Law

No abstract provided.

Caught By The Act: Does The Copyright Act Of 1909 Pose Legal Disasters For Modern Music?, 21 Uic Rev. Intell. Prop. L. 292 (2022), Raine Odom

UIC Review of Intellectual Property Law

No abstract provided.

Malicious V. Negligent Loss Of Data: The Second Circuit's Questionable Test To Determine Data Breach Standing, 21 Uic Rev. Intell. Prop. L. 271 (2022), Lukasz Kornas

UIC Review of Intellectual Property Law

No abstract provided.

Research On The Dilemma And Improvement Of The Copyright Fair Use Doctrine Related To Machine Learning In China, 22 Uic Rev. Intell. Prop. L. 1 (2022), Yang Gao, Paul Kossof, Yan Dong

UIC Review of Intellectual Property Law

No abstract provided.

Unintended Repercussions: Copyright Termination And The Punitive Effect Of 17 U.S.C. §203(A)(3) On The Rights Of Creators, 22 Uic Rev. Intell. Prop. L. 23 (2022), Loren Mulraine

UIC Review of Intellectual Property Law

No abstract provided.

Myths And Clichés: The Doctrinal Myopia Of Publicity Right, 22 Uic Rev. Intell. Prop. L. 50 (2022), Mira Moldawer

UIC Review of Intellectual Property Law

No abstract provided.

It's A Pirate's Life For Me: Stealing Scripts Instead Of Jewels, 22 Uic Rev. Intell. Prop. L. 112 (2022), Alexa Buechler

UIC Review of Intellectual Property Law

No abstract provided.

New Media Rights' Internet & Media Law Clinic: California Western School Of Law, Art Neill

Faculty Scholarship

This article looks at the critical need for legal services addressing new media rights and the types of cases that benefit from the New Media Rights’ Internet & Media Law Clinic at California Western School of Law (New Media Rights) in San Diego.

This article will discuss New Media Rights in four parts: 1. Why do we have IP, arts, and technology clinics like New Media Rights? 2. What is New Media Rights, and how do we benefit the students and the community? 3. What is the structure and pedagogy of the clinic? 4. What are our hopes looking forward?

The Truth About Design Patents, Sarah Burstein, Saurabh Vishnubhakat

American University Law Review

Design patents are hot. Scholars and policymakers are increasingly focusing on this once-niche area of law. However, many of the empirical studies in this area— including old ones that still get cited—were methodologically questionable from the start, have become outdated, or both. In this Article, we make two sets of contributions to this important and underdeveloped literature. First, we review the empirical studies of design patents thus far, including those that pre- and post-date the creation of the U.S. Court of Appeals for the Federal Circuit, and we update the findings of those studies. Second, we consider a set of …

Trademark Confusion Revealed: An Empirical Analysis, Daryl Lim

American University Law Review

The likelihood of confusion standard defines the scope of trademark infringement. Likelihood of confusion examines whether there is a substantial risk that consumers will be confused as to the source, identity, sponsorship, or origin of the defendants’ goods or services. This Article presents a contemporary empirical analysis of the various factors and how they interact. Conventional wisdom teaches us that courts should comprehensively traverse each factor and that likelihood of confusion cases generally require jury determination. However, the data reveals that neither is true. Instead, courts provide early off-ramps to litigants by “economizing,” and analyzing only a handful of factors …

Transplanting Anti-Suit Injunctions, Peter K. Yu, Jorge L. Contreras, Yu Yang

American University Law Review

When adjudicating high-value cases involving the licensing of patents covering industry standards such as Wi-Fi and 5G (standards-essential patents or SEPs), courts around the world have increasingly issued injunctions preventing one party from pursuing parallel litigation in another jurisdiction (anti-suit injunctions or ASIs). In response, courts in other jurisdictions have begun to issue anti-anti-suit injunctions, or even anti-anti-anti suit injunctions, to prevent parties from hindering the proceedings in those courts. Most of these activities have been limited to the United States and Europe, but in 2020 China emerged as a powerful new source of ASIs in global SEP litigation. The …

The Promise Of Patent-Backed Finance For Smes And Universities, And Shifting Patent Eligible Subject Matter, Mattias Karlsson Dinnetz, Michael S. Mireles

Lewis & Clark Law Review

This Article reviews and addresses some of the problems concerning adequate capital to develop patented inventions and products, and inhibiting the widespread use of patents to raise financing. The Article divides the IP finance market into three separate, but interrelated markets and analyzes problems, including U.S. patent-eligible subject matter doctrine, within those markets impeding patent-backed financing. The Article provides numerous proposals, some of which are in the literature, and calls for additional research for addressing the issues.

Blockchain And The Genesis Of Creative Justice To Disintermediate Creativity, Tonya M. Evans

Lewis & Clark Law Review

Historically, the art market has been shrouded in opaqueness and exclusivity, permissioned access and asymmetry of information that rivals the systemic ills of legacy financial markets that led to the Great Recession. Moreover, legacy art market stakeholders have, through the centuries, been entrenched in elitist and inequitable notions of art that excluded Black artists. These legacy intermediaries have also consistently demonstrated a deep and enduring disdain for any art connected to the digital world. That is, until the age of COVID-19 and the dramatically increasing value and dominance of the non-fungible token (NFT) market.

This Essay explores why, and how, …

Will Nfts Solve Some Of The Age-Old Problems In Art Law?, Ursula Von Schlenhenried

SMU Science and Technology Law Review

Non-Fungible Tokens, or NFTs, are digital assets based on blockchain technology and are steadily growing in popularity in the art market. The technology has created a novel way of establishing ownership through tamper-resistant cryptographic records. A majority of NFTs are created via the Ethereum protocol and are most notably associated with other assets, such as digital art. Even prominent auction houses, like Christie’s, have joined the action. NFTs offer a whole host of new and interesting legal concerns, including questions surrounding smart contracts. The concerns surrounding traditional art, however, are long-standing and include (but are not limited to) provenance, authenticity, …

Crypto-Litigation: An Empirical Overview For 2020–Present, Moin A. Yahya, Nicole Pecharsky

SMU Science and Technology Law Review

This article is an empirical analysis of the past two years of litigation around cryptocurrencies and other crypto-assets. We collected data points, from nearly 300 cases, over the past two years and then classified them by the various litigated issues. This article provides a breakdown of these issues as well as the jurisdictions from where these cases come from. The discussion reviews a few notable cases to illustrate what kinds of disputes have been brought to the courts. As we move into a new round of litigation due to a recent drop in the prices of cryptocurrencies, we hope that …

The Mysteries Of Nft Taxation And The Problem Of Crypto Asset Tax Evasion, Amy Q. Nguyen

SMU Science and Technology Law Review

Cryptocurrencies have long captured the attention of the financial world, revolutionizing how the world does business by providing virtually costless transactions. More recently, however, a new digital token has taken its place on the world stage. Known as NFTs, non-fungible tokens have allowed for the reinvention of modern finance infrastructure consisting of sophisticated trading and loaning systems for different asset types. Despite cryptocurrencies’ and NFTs’ novelty and popularity, they are not immune to the U.S. Tax Code. The Internal Revenue Service (IRS) has provided guidance on the tax framework of cryptocurrencies, but the taxation of NFTs is still relatively unclear, …

Death Of The Limited License To Data: United States V. Van Buren, Nick Curley

SMU Science and Technology Law Review

The United States Supreme Court has normally viewed data as property. Yet in United States v. Van Buren, the Court abandoned the property law angle. Van Buren included examination of the Computer Fraud and Abuse Act’s applicability to a police officer who accepted a bribe from undercover agents to look up a phony license plate. The Court held that under the CFAA someone only “exceeds authorized access” when they properly access a computer and then improperly access files “that are off limits to [them].”

This Case Note explores why the Supreme Court should not have abandoned the property analogy …

In The Midst Of A Global Pandemic: Benefits Of A Biomedical Patenting Regime, Amy Q. Nguyen

SMU Science and Technology Law Review

There has long been a debate centered around genomic and biomedical data patenting. The opposition expresses concern that the patenting of genomic and biomedical data will hinder the manufacturing and distribution of medical and scientific discoveries to those who need them. On the other hand, supporters of patenting genomic and biomedical data explain that patents are beneficial. For example, genomic and biomedical patents allow pharmaceutical companies and research labs to recoup their massive investments in researching and developing new medical and scientific methodologies and technologies. Patents also incentivize these companies to make discoveries to prevent future pandemics and diseases.

In …

The Deficiencies Of Oregon Ballot Measure 110, Jacob Towles

SMU Science and Technology Law Review

In 1970, the Federal Government enacted the Controlled Substance Act (CSA), which made certain drugs and substances illegal absent a medical prescription. The control of drugs through the CSA exists to prevent harm to the public. Nonetheless, some cities and states have enacted laws that allow for the benefit of selling or pleasure of using illegal drugs to outweigh the legal ramifications.

In November 2020, The Drug Addiction Treatment and Recovery Act, also known as Oregon Ballot Measure 110 (Measure 110), made Oregon the first state in the country to decriminalize all drugs. Measure 110 was enacted with the overarching …

Cryptocurrency And Security Issues: The Tide Awaiting Ripple’S Decision, Robel Tsegu

SMU Science and Technology Law Review

Bitcoin passed the test. Ethereum passed the test. Now, it is XRP’s turn. At the time of this writing, the SEC has the opportunity, through common law, to determine how to regulate the unregulated cryptocurrency world. This is a unique moment because guidance on SEC violations is usually promulgated through statutes, no-action letters, and quotes from SEC Commissioners, rather than common law. Therefore, the decision in SEC v. Ripple will pivot the direction on how cryptocurrencies and digital assets forever be used. Will this pivot be a “hard” or “soft” fork in how we use cryptocurrencies?

This Case Note argues …

Distributed Governance Of Medical Ai, W. Nicholson Price Ii

SMU Science and Technology Law Review

Artificial intelligence (AI) has the potential to democratize expertise in medicine, bring expertise previously limited to specialists to a variety of health-care settings. But AI can easily falter, and making sure that AI works well across that variety of settings is a challenging task. Centralized governance, such as review by the Food and Drug Administration, can only do so much, since system performance will depend on the particular health-care setting and how the AI system is integrated into setting-specific clinical workflows. This Essay presents the need for distributed governance, where some oversight tasks are undertaken in localized settings. It points …

Oculogica: An Eye-Catching Innovation In Health Care And The Privacy Implications Of Artificial Intelligence And Machine Learning In Diagnostics For The Human Brain, Samantha V. Ettari, Elijah Roden, Vishal Ahuja, Uzma Samadani

SMU Science and Technology Law Review

This article explores the use of Artificial Intelligence (AI) in emerging eye-tracking diagnostic technology, with a focus on both the patient data privacy and security regulations that firms, specifically device inventors and manufacturers, may face and how such firms can address the developing privacy and regulatory legal challenges. In addition, we discuss the ethical considerations of algorithmic bias, the impact such biases have on society and emerging technology, along with specific actions companies should take to maximize patient outcomes. Lastly, we offer a case study of Oculogica, an emerging digital health technology company—and its medical device (EyeBOX) – to illustrate …

Creating A United Front: Harmonizing The United States Regulatory Policies Surrounding Human Embryonic Stem Cell Research, Sydney Kossow

SMU Science and Technology Law Review

Stem cell therapy is an imperative development in science and medicine that is heavily regulated worldwide. With the potential to cure illnesses, help understand disease development, and advance regenerative medicine, a harmonized regulatory policy is crucial to capitalize on the benefits of stem cells. This article examines an important topic of discussion surrounding stem cell therapy and research: the political debate on how and when embryonic stem cells can be used. In addition to examining ethical challenges, this article discusses the legal challenges surrounding using embryonic stem cells to inform regenerative therapies. Specifically, this article will examine the National Institute …

Trade Transparency: A Call For Surfacing Unseen Deals, Kathleen Claussen

Articles

For many years, the executive branch has concluded foreign commercial agreements with trading partners pursuant to delegated authority from Congress. The deals govern the contours of a wide range of U.S. inbound and outbound trade: from food safety rules for imported products to procedures and specifications of exported goods, to name two. The problem is that often no one-apart from the executive branch negotiators- knows what these deals contain. A lack of transparency rules has inhibited the publication of and reporting to Congress of these unseen deals. Dozens if not hundreds of foreign commercial deals are unseen in two ways: …