Intellectual Property Law Commons^™

Korean Dramas As A Catalyst For South Korean Cultural Diplomacy: A Dacade Of Influence In Indonesia (2015-2025), Imelda Sari, Filia Filia Dr., Rostineu -- Rostineu

International Review of Humanities Studies

This research explores the role of Korean dramas (K- dramas) as a catalyst for South Korea’s cultural diplomacy in Indonesia over the decade 2015–2025, emphasizing how major drama releases contribute to strengthening soft- power influence. In early March 2024, Netflix premiered the Korean drama “Queen of Tears,” which quickly rose to the top of the Non- English Global TOP 10 list for the week of March 25–31, recording 93.8 million viewing hours. The drama reached top- 10 rankings in 68 countries, including the United States, Canada, Japan, Australia, and India. This global achievement represents the culmination of a decade- long …

Discourse And Ideological Strategies In Presidential Campaign Speeches Of Mr Peter Obi, Richard Oliseyenum Oliseyenum Maledo, Rita Ejiro Enisire

International Review of Humanities Studies

Studies on political speeches in Nigeria have focused essentially on the speeches of political office inaugural speeches and speeches of political office holders, while not much appears to be done on the speeches of candidates who did not succeed in the election. Thus, this study undertakes a critical analysis of discourse and ideological strategies in the presidential campaign speeches of Mr Peter Obi, the presidential candidate of the Labour Party, in the 2023 presidential election in Nigeria. Mr Peter Obi's speech in Akwa Ibom State is purposively selected as our data for this study, and Van Dijk’s socio-cognitive approach to …

Reprioritizing International Patent Law, John R. Thomas

Georgetown Law Faculty Publications and Other Works

Over the past half-century, rapid technological change and globalization have reshaped innovation and intellectual property, yet the foundational international agreements anchoring the global patent system have remained essentially unchanged. The drafters of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) viewed these agreements as dynamic instruments that, through procedural coordination, would rationalize international patent administration. The Paris Convention has resisted reform for decades, however, while the PCT has failed to achieve its goals of reducing examination workloads and fostering worksharing among national patent offices. It now exacerbates the very inefficiencies it sought to …

Patent Pending: How The Current Patent Utility Requirement Hinders Biotechnological Innovation, Madison Drlik

Journal of Law and Health

The legal system is always playing catch up to adapt to new legal landscapes, doctrines, and technology; however, patent law needs help to compete with biotechnological research in the race towards innovation. Biotechnological research in the realm of human health and medicine often involves the use of therapeutic drugs. The field of healthcare biotechnology takes biological systems and processes and generates novel, creative solutions to a number of human health conditions. However, the translation process for a new drug, therapy, or process is long and expensive which requires investors to help the researchers and scientists move their creations from inception …

Volume 14 Masthead

American Indian Law Journal

No abstract provided.

Legal History: The Curious Case Of The Disappearing Unceded Lakota Territories, Sebastian F. Braun

American Indian Law Journal

This Article discusses whether the Lakota Nation still has title to the unceded territories outlined in the Treaty of 1868. While many accounts focus on the supposed diminishment of the Great Sioux Reservation, the question of the unceded lands has largely been forgotten. It has renewed relevance in the context of the Dakota Access Pipeline, which crosses the lands. From a broader perspective, the case raises questions about how history is understood, constructed, and selected in American Indian Law cases. Most legal cases, especially those concerning treaty rights, are rooted in an interpretation of history; if that history is misinterpreted …

Expansion Of Federal Benefits To Non-Native Adopted Children, Anna-Grace Hockensmith

American Indian Law Journal

There is palpable tension between tribal sovereignty and federal administrative control in the distribution of federal benefits to members of Tribal Nations. This tension is felt by adopted non-Native children who might struggle to receive federal benefits even though the tribe of their adopted parent(s) has accepted them as a member. This Note explores how adoption of a non-Native child by a tribal member intersects with tribal membership and whether that membership should be enough for the child to receive federal benefits.

The Note discusses four main topics, including: (1) tribal membership, adoption, and current federal enrollment criteria; (2) an …

Beyond Icwa: Within Family Court Systems, Mixed Indigenous Families Confront Ongoing Jurisdictional Violence, Nis Wilbur

American Indian Law Journal

Mixed Indigenous families (MIFs) navigating parental custody in the United States can find themselves trapped in a Battleship®-style jurisdictional maze, where tribal, state, and federal authorities collide unpredictably. This legal mess threatens to separate children from their tribal communities, undermines tribal sovereignty, and can force families into years of costly litigation. The problem is rooted in centuries of white supremacist law and policy that systematically dispossess tribes of culture and self-governance: from the Marshall Trilogy to the boarding school era and harmful adoption schemes. Today, legal frameworks like the UCCJEA remain insufficient as they minimize or ignore tribal civil jurisdiction, …

Table Of Contents

American Indian Law Journal

No abstract provided.

Workers’ Compensation Codes In American Indian* Tribal Nations, Autumn N. Siegel

American Indian Law Journal

This Article examines various Tribal Nations’ experiences in developing their own workers’ compensation systems using a comparative law and legal development approach, including direct interviews with a diverse range of tribal members. Tribal Nations’ self-created workers’ compensation codes predominantly rely on local models and expertise to establish and operate their systems. However, Tribal Nations also infuse their own cultural values into their codes, incorporating tribal perspectives and priorities such as valuing traditional medicine and peace-making alternative dispute resolution, providing more generously to volunteers, and incorporating return-to-work programs into their workers’ compensation systems. Some Tribal Nations also find it necessary to …

U.N.Masking American Exceptionalism: How International Frameworks Can Inform American Indian Policy, Kaitlin Reese

American Indian Law Journal

“U.N.masking American Exceptionalism: How International Frameworks Can Inform American Policy,” serves primarily to examine and criticize how American case law, such as Johnson v. M’Intosh, has been used in foreign courts to justify the Doctrine of Discovery and how, despite many other courts eventually acknowledging it as a harmful rule of law in meaningful ways, the United States has done no such thing. This Article walks through not only the legal cases both at home and abroad, but also delves into the historical background that led up to Johnson, examines the cases abroad that integrate the Doctrine of Discovery and …

The Tribal Rules Of Evidence, Nicole Morote

American Indian Law Journal

Rules of evidence shape litigation practice across the country. In this sense, they govern the truth as it enters the court. Legal scholarship has yet to study tribal approaches to evidence— an area with tremendous promise for legal practitioners and evidence rulemakers alike.

This Article is the first to do so. It analyzes an array of tribal evidence codes across the United States. It reveals three frameworks that describe tribes’ approaches to the Federal Rules. In doing so, it offers a modest contribution to the nascent intersection between Tribal law and evidence studies: crucial insight into tribal systems’ unique needs, …

Advancing The Rights Of Nature: Lessons From Sauk-Suiattle V. City Of Seattle, Harry S. Katz

American Indian Law Journal

Advocates for the “rights of nature” seek recognition of legal rights for natural elements such as mountains, rivers, and non-human species as a means of protecting the environment. In the United States, Tribal Nations have been at the forefront of this nascent movement. In a 2022 Washington state case, the Sauk-Suiattle Indian Tribe sued the City of Seattle, alleging that the City’s hydroelectric dams on the Skagit River infringe upon the rights of salmon. Those rights, they claim, include the salmon’s rights to exist, flourish, regenerate, and evolve. The case, known as Sauk-Suiattle Indian Tribe v. City of Seattle, …

Native History Is United States History: How United States History Censorship Leads To Passive Acceptance Of Racial Discrimination And Furthers The Decline Of Tribal Sovereignty, Nickolasa A. Jackson

American Indian Law Journal

Native stories are embedded in the United States Constitution, property law, and the nation’s legal and political framework, but education frequently omits these truths. Such erasure perpetuates misunderstanding, invisibility, and hostility toward Native communities, obscuring the reality that the United States was built through the dispossession, coercion, and suffering of Indigenous Peoples. Whitewashing history has allowed the nation to claim moral virtue and industriousness while denying the foundational role of Indigenous Peoples. The Article emphasizes that Native rights, whether land, water, or other treaty-protected entitlements, as well as inherent rights such as tribal sovereignty, are not charitable or discretionary; they …

Editorial

Indian Journal of Law and Technology

No abstract provided.

A Case Comment On Cryogas Equipment V. Inox India, Eashan Ghosh

Indian Journal of Law and Technology

Composite claims for copyright and design have long posed conceptual difficulties under Indian law. A pointed attempt by the Supreme Court in Cryogas Equipment v Inox India (‘Cryogas’) to resolve these difficulties, therefore, is of considerable interest.

In this Comment, I examine Cryogas in detail. I find that, despite adopting a schematic approach that is promising on the surface, Cryogas offers little assistance in untangling the constituent portions of copyright-design claims. For one, its test for telling apart artistic works from designs is entirely self-referential and requires a pre-existing understanding of what outputs statutorily constitute ‘artistic works’ and …

Indian Copyright Law In The Age Of Genai: Knowledge/Power, Patchwork, And Peril, Lokesh Vyas, Luca Schirru

Indian Journal of Law and Technology

Isn’t copyright law an analog relic, striving to stay relevant in a digital world and hoping to survive an AI-driven and quantum-coded future? We argue it is. It is a law, born in a world of paper and print, now finding itself (again) patching its foundations to keep pace with generative AI (‘GenAI’). This unruly, still-developing technology not only redefines creative processes but also challenges the very assumptions of authorship, creativity, and copying. While discussions on this technology and copyright law abound, amid all the noise, one question simmers beneath the surface: ‘Is the very way we approach GenAI and …

A Human Enablement Theory Of Copyright, Akshat Agrawal

Indian Journal of Law and Technology

Copyright policy, designed to protect creators and disseminators from market imperatives, has ironically deepened their market dependency. This transformation stems from two critical theoretical errors: first, the “incentives”/“reward for labour” story that mistakes protection from market pressures for market encouragement; second, market fundamentalism that treats exclusionary rights as natural and as the source of “liberty”. These misconceptions, reinforced by fallacies about pre-social creativity and physicalism, have transformed copyright from an enabler in a market society into one that commodifies creative expression itself, intensifying rather than ameliorating the economic vulnerability of cultural producers.

This theoretical misunderstanding has produced three interlocking harmful …

Masthead

Washington Journal of Law, Technology & Arts

No abstract provided.

Death Of Substantiality: Why The Legal System Should Rethink The Application And Weight Of This Fair-Use Factor In The Context Of Social Media, Lindsey Vickers

Washington Journal of Law, Technology & Arts

The fair use test for exemption for liability from copyright infringement was codified in the 1970s and has not been updated since—despite major technological changes in the interim. While three of the test’s four prongs are still useful when applied to short-form media that now dominates worldwide media consumption, the factor that considers the substantiality of the portion used relative to the total work is obsolete. The current dysfunctionality of this prong in social media settings is not the only reason it should be reassessed by courts and Congress. The prong and its analysis are a bit of a Frankenstein. …

Fluid Agency In Ai Systems: A Case For Functional Equivalence In Copyright, Patent, And Tort, Anirban Mukherjee, Hannah H. Chang

Washington Journal of Law, Technology & Arts

Modern artificial intelligence (AI) systems lack human-like consciousness or culpability, yet they exhibit fluid agency: behavior that is (i) stochastic (probabilistic and path-dependent), (ii) dynamic (co-evolving with user interaction), and (iii) adaptive (able to reorient across contexts). Fluid agency generates valuable outputs but collapses attribution, irreducibly entangling human and machine inputs. This fundamental unmappability fractures doctrines that assume traceable provenance—authorship, inventorship, and liability—yielding ownership gaps and moral “crumple zones.”

This Article argues that only functional equivalence stabilizes doctrine. Where provenance is indeterminate, legal frameworks must treat human and AI contributions as equivalent for allocating rights and responsibility—not as a claim …

Fiscal Sponsorship In Truly Independent Film: Entity And Model Choice And Legal Risks, Samuel Johnson

Washington Journal of Law, Technology & Arts

This article examines fiscal sponsorship as a legal and financing structure for “truly independent” films—low-budget, non-commercial projects created by filmmakers without access to studio financing, tax incentives, or traditional investors. Neither standalone nonprofit incorporation nor purely for-profit entity structures adequately address the unique needs of such projects. After surveying the development of fiscal sponsorship as a means of funding projects that meet an exempt purpose, relevant IRS guidance, and current prevailing practices and organizational structures in independent film, the article contends that a Model C (“regranting”) fiscal sponsorship paired with a single-member limited liability company (SMLLC) offers the optimal balance …

Table Of Contents

Washington Journal of Law, Technology & Arts

No abstract provided.

What Does "Registers" Mean? The Wrong Interpretation Could Allow Cybersquatters To Escape Liability, Kiley Carey

Akron Law Review

No abstract provided.

Legendary Houses: Trademarks, Transformation, And Ballroom Culture, Elizabeth L. Rosenblatt

Akron Law Review

No abstract provided.

Generative Identity Theft: Criminalizing Deepfakes Using The Right Of Publicity, Dustin Marlan

Akron Law Review

No abstract provided.

Assessing Patent Pledges: A Case Study In The Vaccine And Biopharma Space, Ana Santos Rutschman

Akron Law Review

No abstract provided.

Copyright In Characters: A Proposal For Reform, Michael W. Carroll

Akron Law Review

No abstract provided.

Ai Pirated My Art And Birthed Infringing Works, And Other Metaphors That Confound Copyright Law, Michael D. Murray

Akron Law Review

No abstract provided.

Library E-Book Licensing And State Law Reform, Kincaid Brown

Law Librarian Scholarship

Libraries don’t “buy” most e-books the way they buy print books; they license them. That reality is at the crossroads of budgetary constraints and patron satisfaction in modern libraries. With print, a library typically pays once, owns the copy, and lends it until it wears out. With e-books, publishers and intermediaries, like platforms such as OverDrive, commonly offer time-limited or loan-limit-ed terms (for example, a license that expires after a set number of checkouts or after a set period), can impose embargoes, and can set prices far above consumer retail. Libraries argue these terms frustrate their public mission and make …