Intellectual Property Law Commons^™

New Innovation Models In Medical Ai, W Nicholson Price Ii, Rachel E. Sachs, Rebecca S. Eisenberg

Articles

In recent years, scientists and researchers have devoted considerable resources to developing medical artificial intelligence (AI) technologies. Many of these technologies—particularly those that resemble traditional medical devices in their functions—have received substantial attention in the legal and policy literature. But other types of novel AI technologies, such as those related to quality improvement and optimizing use of scarce facilities, have been largely absent from the discussion thus far. These AI innovations have the potential to shed light on important aspects of health innovation policy. First, these AI innovations interact less with the legal regimes that scholars traditionally conceive of as …

Ruth Bader Ginsburg’S Copyright Jurisprudence, Ryan Vacca, Ann Bartow

Nevada Law Journal

No abstract provided.

The Supreme Court’S Chief Justice Of Intellectual Property Law, Robert W. Gomulkiewicz

Nevada Law Journal

No abstract provided.

The Role Of Artificial Intelligence In Pushing The Boundaries Of U.S. Regulation: A Systematic Review, Gutierrez Gaviria, Carlos Ignacio

Santa Clara High Technology Law Journal

Artificial Intelligence’s (AI) growing catalog of applications and methods has the potential to profoundly affect public policy by generating instances where regulations are not adequate to confront the issues faced by society, also known as regulatory gaps. The objective of this article is to improve our understanding of how AI influences U.S. public policy. It does so by systematically exploring, for the first time, this technology’s role in the generation of regulatory gaps. Specifically, it addresses two research questions:

1. What U.S. regulatory gaps exist due to AI methods and applications?

2. When looking across all of the gaps identified in the …

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This Content Is Unavailable In Your Geographic Region: The United States' And The European Union's Implementation Of Anti-Circumvention Measures, Kyle Berry

Vanderbilt Journal of Transnational Law

Recently, people streaming movies and TV shows have begun to use virtual private networks (VPNs) to access content that streaming services restrict to certain geographic regions. Because of the ambiguity in international law and the implementation of the World Intellectual Property Organization (WIPO) Copyright Treaty, domestic law fails to offer streaming services a recourse to sue foreign VPN users. The WIPO Copyright Treaty established an anti-circumvention provision that would seem to apply to using VPNs to stream from other countries. But because of the provision's ambiguity, many of the WIPO Copyright Treaty member countries have adopted different standards. This problem …

Loyola Patent Law Interview Program Info Session, Cardozo Intellectual Property Law Society (Ipls)

2021–2022 Flyers

No abstract provided.

In Your Own Defense: The Importance Of Immuno-Oncology And The Problem With Patenting Under The "Laws Of Nature", Laura Schwartz

Pace Law Review

No abstract provided.

Best Practices For Oer In Canada: A Fresh Look At Fair Dealing For Educational Use, Carys Craig

Conference Papers

This presentation was delivered online as part of an event held on 23 February 2022 as part of Fair Dealing Week 2022. This event was co-hosted by the Alberta Copyright Consortium (The University of Alberta, the University of Calgary, Mount Royal University and the Northern Alberta Institute of Technology) and the Lower Mainland Copyright Consortium (Capilano University, Douglas College, the Justice Institute of BC, Simon Fraser University, and the University of British Columbia), along with the participation of the Canadian Association of Research Libraries.

Copyright Licensing And The Regulation Of China's Music Market: Searching For Transactional Efficiency And Fair Compensation, Chien-Chih (Jesse) Lu

Washington Journal of Law, Technology & Arts

China’s music copyright collecting society and its new music platforms, find points of commonality through constructing more efficient and profitable systems to generate more users and greater income. By undertaking a comparison of the various copyright regulations, cases, and statistics, this research aims to contribute to academic science by extracting frameworks and solutions from the United States and European licensing models and examining them in the context of China’s music market. It aims to discover rational approaches to connect rising technology and emerging economic incentives.

Appropriate solutions are proposed based on the influence of international treaties and legislative progress driven …

Anti-Suit Injunctions And Jurisdictional Competition In Global Frand Litigation: The Case For Judicial Restraint, Jorge L. Contreras

Utah Law Faculty Scholarship

The proliferation of international jurisdictional conflicts and competing “anti-suit injunctions” in litigation over the licensing of standards-essential patents has raised concerns among policy makers in the United States, Europe and China. This article suggests that national courts temporarily “stand down” from assessing global “fair, reasonable and nondiscriminatory” (FRAND) royalty rates while international bodies develop a more comprehensive, efficient and transparent methodology for resolving issues around FRAND licensing.

Content Moderation Issues Online: Section 230 Is Not To Blame, Reese D. Bastian

Texas A&M Journal of Property Law

Section 230 of the Communications Decency Act (“Section 230”) is the glue that holds the Internet—as we know it today—together. Section 230 says, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Simply put, Section 230 says that websites or platforms are not liable for content posted by third parties. There are many critics who attribute the maladies of the online world to Section 230. Section 230 presents issues such as over-moderation by Interactive Computer Service (“ICS”) providers that can go as far …

Vara Turns Thirty-One: How Amending The Visual Artists Rights Act Of 1990 To Add Guiding Language Can Further Advance The Act’S Purpose, Ana-Victoria Moreno

Texas A&M Journal of Property Law

Congress passed the Visual Artists Rights Act (“VARA”) in 1990, introducing the doctrine of moral rights into United States law. Moral rights consist of four rights: attribution, disclosure, withdrawal, and integrity. VARA recognizes the rights of attribution and integrity to preserve the integrity of artworks and of the country’s cultural heritage by encouraging artists to create. The passing of VARA has been met with criticism but also with excitement that Congress recognized the importance of artists’ non‌-economic rights. In the thirty‌-one years since the enactment of VARA, caselaw has developed that shows how courts and parties are interpreting its language. …

Patently Absurd: The Invention Secrecy Order System, Gregory Saltz

Texas A&M Journal of Property Law

The current patent application secrecy order system has almost no safeguards to prevent abuse and overreach into private intellectual property rights by the Government. Defense agencies are presently able to have the United States Patent and Trademark Office place secrecy orders on applications by merely deciding for themselves that revelation of information found therein would be detrimental to national security; there are no rules or restrictions on how the agencies go about making this determination. Likewise, the current system contains little in the way of protection for inventors who are left without a meaningful way to challenge these orders. The …

The Promised Land: Blockchain And The Fashion Industry, Shlomit Yanisky-Ravid, Grace Monroy

Brooklyn Law Review

Despite being a highly creative industry, the fashion industry lacks effective intellectual property (IP) protection in the United States. This article posits that, in the midst of the digital era, blockchain technology, particularly smart contracts, can remedy the failure of IP laws to protect fashion designs and create efficiencies that may dramatically improve the industry. Therefore, if the fashion industry were to adopt a blockchain-based platform, enabled by smart contracts, it could address many of the current challenges stemming from a lack of sufficient IP protection. This article explores the features of blockchain technology, including NFTS, and the application to …

Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner

Brooklyn Law Review

The current legal framework governing trade secrets in the United States lacks the uniformity and predictability necessary to protect businesses. As a result, trade secret litigation has been on the rise over the course of the last decade. Whilst remote work becomes more ubiquitous, even beyond the COVID-19 pandemic, litigation will continue to increase as businesses are forced to entrust confidential information with remote workers. This note examines the current US trade secret scheme, exposes the current framework’s deficiencies, and suggests a “trade secret formalities model” to make for a more organized and efficient doctrine of law. More specifically, this …

Perlindungan Hukum Terhadap Karya Cipta Pada Layanan Over The Top (Ott), Nuruzzhahrah Diza

Technology and Economics Law Journal

No abstract provided.

Tinjauan Hukum Perlindungan Hak Cipta Film Dokumenter Dan Peluang Hak Ekonomi Insan Perfilman Dokumenter Di Indonesia, Kadenza Adistya Tamara Indratmo

Technology and Economics Law Journal

The film production process requires human resources (power) with certain qualifications according to their roles and functions. At a certain level, the personnel involved in film production must be professionals. One of the significant growths of the Indonesian film industry today is the growth in the number of cinema screens. In addition, new film genres have also emerged, so that the films shown by the public are increasingly diverse. One of these new genres is the documentary film as a cinematographic work which is also protected by Law Number 28 of 2014 concerning Copyright (UUHC). In the midst of such …

Masalah Penggunaan Ciptaan Sebagai Data Masukan Dalam Pengembangan Artificial Intelligence Di Indonesia, Ari Juliano Gema

Technology and Economics Law Journal

The development of Artificial Intelligence (AI) is growing so fast. The availability of input data is important because it has a major impact on how the AI system will be developed. The use of copyrighted works as input data in AI development is also unavoidable. This paper tries to examine how the copyright law in Indonesia relates to the use of copyrighted works as input data for AI development. Based on the results of the study, it is known that the use of copyrighted works as input data for AI development in Indonesia still has to respect the exclusive rights …

Developing Metrics For Nasa Earth Science Interdisciplinary Data Products And Services, Zhong Liu, Chung-Lin Shie, Anthony J. Ritrivi, Guang-Dih Lei, Gary T. Alcott, Mary Greene, James Acker, Jennifer C. Wei, David J. Meyer, Angela Li, Atheer F. Al-Jazrawi

Copyright, Fair Use, Scholarly Communication, etc.

Metrics are measures that are able to produce quantifiable information. There are many applications of metrics in Earth science data and services; for example, metrics are frequently used to track service performance and progress. In short, developing, collecting and analyzing metrics are essential activities to better support Earth science research, applications, and education.

As one of the largest repositories of Earth science data in the world, NASA’s Earth Science Data and Information System (ESDIS) Project supports twelve Distributed Active Archive Centers (DAACs). Standard metrics have been developed by the ESDIS Metrics System (EMS). These metrics are collected and analyzed routinely …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

[Quote] Hail To The Washington Commanders — And The Power Of The Trademark, Christine Farley

Popular Media

No abstract provided.

Guidelines For Publicly Archiving Terrestrial Model Data To Enhance Usability, Intercomparison, And Synthesis, Maegen B. Simmonds, William J. Riley, Deborah A. Agarwal, Xingyuan Chen, Shreyas Cholia, Robert Crystal-Ornelas, Ethan T. Coon, Dipankar Dwivedi, Valerie C. Hendrix, Maoyi Huang, Ahmad Jan, Zarine Kakalia, Jitendra Kumar, Charles D. Koven, Li Li, Mario Melara, Lavanya Ramakrishnan, Daniel M. Ricciuto, Anthony P. Walker, Wei Zhi, Qing Zhu, Charuleka Varadharajan

Copyright, Fair Use, Scholarly Communication, etc.

Scientific communities are increasingly publishing data to evaluate, accredit, and build on published research. However, guidelines for curating data for publication are sparse for model-related research, limiting the usability of archived simulation data. In particular, there are no established guidelines for archiving data related to terrestrial models that simulate land processes and their coupled interactions with climate. Terrestrial modelers have a unique set of challenges when publishing data due to the diversity of scientific domains, research questions, and the types and scales of simulations. Researchers in the U.S. Department of Energy’s (DOE) projects use a variety of multiscale models to …

Submission Of The Citizens And Technology (Cat) Lab To The United States Copyright Office, U.S .Library Of Congress, Washington, D.C., Re Notice Of Inquiry Technical Measures Public Consultations [ Docket No. 2021–10 ][ Federal Reg. No: 2021-27705 ], J. Nathan Matias, Jonathon W. Penney, Lucas Wright

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Appendix: Cannabis, Consumers, And The Trademark Laundering Trap, Viva R. Moffat, Sam Kamin, Tim Maffett

William & Mary Law Review Online

Appendix to article in William & Mary Law Review vol. 63, no. 6 (2022), "Cannabis, Consumers, and the Trademark Laundering Trap" by Viva R. Moffat, Sam Kamin, and Tim Maffett.

Muddy Waters: Fair Use Implications Of Google V. Oracle America, Inc., Gary Myers

Faculty Publications

The United States Supreme Court ruling in Google LLC v. Oracle America, Inc. ended a long-running dispute between two giant technology companies. The case, which first began in 2010, has received considerable attention and commentary with regard to the scope of copyright protection for software and then about the contours of the fair use defense. The Court ultimately left the software copyright questions for another day, but it did render an important decision on fair use, the first major precedent on this important topic since 1994.

The Court’s fair use ruling provides important guidance on the scope of fair use …

Muddy Waters: Fair Use Implications Of Google Llc V. Oracle America, Inc., Gary Myers

Northwestern Journal of Technology and Intellectual Property

Ooh

In the muddy water we’re falling

Ooh In the muddy water we’re crawling

Holds me down

Hold me now

Sold me out

In the muddy waters we’re falling

— Laura Pergolizzi (LP) - “Muddy Waters,” Lost On You (Vagrant Records 2016)

The United States Supreme Court ruling in Google LLC v. Oracle America, Inc. ended a long-running dispute between two giant technology companies. The case, which first began in 2010, has received considerable attention and commentary with regard to the scope of copyright protection for software and then about the contours of the fair use defense. The Court ultimately …

Maximizing Social Welfare Through The Tailoring Of Patent Duration And Using Algorithms To Calculate Optimal Patent Duration, Alvaro Cure Dominguez

Northwestern Journal of Technology and Intellectual Property

Patents are legal devices granted by the government that confer inventors exclusive rights to their invention for a limited time. In exchange, the U.S. government requires the inventors to publicly disclose their invention to allow individuals to recreate it upon expiration of the exclusivity period. Previously, academics regarded patents as a necessary means to overcome the free-rider dilemma (“FRD”), and they assumed that, without patents, society would be deprived of many potentially valuable innovations. This model has come under criticism. Researchers point to cases where inventors would have innovated regardless of a patent grant. They also highlight instances where patent …