Intellectual Property Law Commons^™

Political Fair Use, Cathay Y. N. Smith

Faculty Law Review Articles

During election season, politicians and political campaigns often use pop culture or iconic works, such as viral memes or popular songs, to help convey their political messages—often without authorization from the copyright owners of these works. As politics and politicians become ever more divisive, these unauthorized political uses of copyrighted works can be particularly objectionable to copyright owners. In addition to offending their political or moral inclinations, artists and copyright owners frequently claim that these political uses infringe their copyrights. Politicians and campaigns argue that their right to use copyrighted works for political purposes is protected by the First Amendment …

Code Ownership : Plagiarism And Use, Alexis Nicole Amore

Theses, Dissertations and Culminating Projects

Technology is moving at unmeasurable rates to that of law. Ownership rights and legality become harder to grasp distant theories. With community code-sharing and limiting language structures, when does code become plagiarized or entity-owned? The disciplines of Cyberlaw and computer science are used to provide a better understanding.

The Cyberlaw discipline explores how jurisdiction views cyberspace, source code, and source code’s placement within legislation. Due to cyberspace’s ever-evolving nature, litigation struggles to encompass the possibilities within it. Computer science delves into theory-based excursions that define the law’s shape in the cyber realm. It bolsters the possibility of implementing progressive legislation …

Increasing Investment In Stem Education For Females: Policy Considerations, Becky Harris, Andrea Dassopoulos, Daniel Sahl, Anna Starostina

UNLV Gaming Research & Review Journal

During this difficult economic time, as policy makers decide how to use their limited resources to help prepare the rising generation for the demands of an ever-changing workforce, aligning K-12 educational priorities with higher education and economic development can help maximize public dollar investments in STEM education, particularly when females are given access to STEM and STEM-related education and programs. Smart public policy initiatives can help increase the representation of women in the technology, research and development, and innovation departments.

The purpose of this article is to provide policy recommendations that could help increase gender diversity and participation in STEM …

Bargaining For Innovation, Elizabeth Winston

Villanova Law Review (1956 - )

No abstract provided.

Intellectual Property For New Entrepreneurs, Michael Johnston

Honors Projects

Abstract – New entrepreneurs, regardless of age, encounter several barriers regarding intellectual property. My research posits that new entrepreneurs are burdened by both informational barriers and lack of resources. A data driven analysis of this problem produced an easy to comprehend guide targeted to new entrepreneurs. This paper presents a subjective guide for entrepreneurs that details patents, trademarks, copyrights, and licensing.

Enhancing Protection And Use Of Intellectual Property Of National Strategic Scientific & Technological Power—Case Study Of Chinese Academy Of Sciences, Yafeng Zhang, Bing Xiao, Haibo Liu

Bulletin of Chinese Academy of Sciences (Chinese Version)

Chinese Academy of Sciences (CAS) undertakes the relevant responsibility and missions of national strategic scientific & technological (S&T) power, and has a history of emphasizing intellectual property (IP) work. The research analyzes the institutional regulations and main measures of CAS in protecting and using IP, and summarizes the model characteristics. Based on the practice of CAS, we put forward suggestions of protecting and using IP for national strategic S&T power in terms of strategy and institution, professional arrangement, models and measures, management process.

Ownership Rights Of Research & Development Outputs In Historical Perspective: From Public Ownership, Ownership Right Of Scientific And Technological Achievements To Intellectual Property Rights, Youdan Xiao, Xin Liu

Bulletin of Chinese Academy of Sciences (Chinese Version)

Empowering Scientists to retain ownership or long-term access rights of government-funded research & development outputs (R&D outputs), is a key exploration and reform for China's central government to promote the market mechanism's decisive role in allocating innovation resources. As a result of the public ownership-based economic and social system, how to properly coordinate the relationship between the state, the collectives and the individuals will inevitably become the core issue in China's reform on the ownership rights of R&D outputs. By reviewing the institutional changes and reform process on the ownership policy of government-funded R&D outputs in China, this paper clarifies …

Nanotechnology Patent Law: A Case Study Of The United States And European Patent Applications, Costello-Caulkins, Michael

Santa Clara High Technology Law Journal

NANOTECHNOLOGY PATENT LAW: A CASE STUDY OF THE UNITED STATES AND EUROPEAN PATENT APPLICATIONS

Social Support For Terrorists: Facebook’S “Friend Suggestion” Algorithm, Section 230 Immunity, Material Support For Terrorists, And The First Amendment, Yost, Ellen Smith

Santa Clara High Technology Law Journal

SOCIAL SUPPORT FOR TERRORISTS: FACEBOOK’S “FRIEND SUGGESTION” ALGORITHM, SECTION 230 IMMUNITY, MATERIAL SUPPORT FOR TERRORISTS, AND THE FIRST AMENDMENT

Modify State “Piracy” After Allen: Introducing Apology To The U.S. Copyright Regime, Runhua Wang

Buffalo Law Review

Copyright protection from state offenders is onerous because of the imbalanced bargaining power between states and authors, which is increased by the U.S. Supreme Court decision in Allen v. Cooper. This decision clarifies that state sovereign immunity is not abrogated by the Copyright Remedy Clarification Act of 1990 (“CRCA”). It secures states’ constitutional rights, the public interest, and the efficiency of copyright infringement litigations against states. However, a paradox of this decision is that it may harm innovation incentives or spirits of creativity due to the increased imbalanced bargaining power to prevent authors from being repaired for their economic or …

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

BYU Law Review

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 t raditional 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 adopte d sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. …

Personhood For Synthetic Beings: Legal Parameters And Consequences Of The Dawn Of Humanlike Artificial Intelligence, Osborne, Daniel S.

Santa Clara High Technology Law Journal

PERSONHOOD FOR SYNTHETIC BEINGS: LEGAL PARAMETERS AND CONSEQUENCES OF THE DAWN OF HUMANLIKEARTIFICIAL INTELLIGENCE

Implementing A Registry Federation For Materials Science Data Discovery, Raymond L. Plante, Chandler A. Becker, Andrea Medina-Smith, Kevin Brady, Alden Dima, Benjamin Long, Laura M. Bartolo, James A. Warren, Robert J. Hanisch

Copyright, Fair Use, Scholarly Communication, etc.

As a result of a number of national initiatives, we are seeing rapid growth in the data important to materials science that are available over the web. Consequently, it is becoming increasingly difficult for researchers to learn what data are available and how to access them. To address this problem, the Research Data Alliance (RDA) Working Group for International Materials Science Registries (IMRR) was established to bring together materials science and information technology experts to develop an international federation of registries that can be used for global discovery of data resources for materials science. A resource registry collects high-level metadata …

Trademark Issues In The Cannabis Industry Under U.S. Law (Cannabis, Recreational Use), Christine Farley, Erik Ponce, Rachel Santarlas, Zara Snapp

Presentations

By Mexican Group of the International Association for the Protection of Intellectual Property (Association Internationale pour la Protection de la Propriété Intellectuelle, AIPPI)

1c Plenary Session. Views From The Judiciary, Hugh C. Hansen, Richard Arnold, Annabelle Bennett, Colin Birss, Stephen Burley, Paolo Catallozzi, Jennifer Choe-Groves, Christopher Floyd, Klaus Grabinski, Lennie Hoffman, Simon Holzer, Gordon Humphreys, Robin Jacob, Carl Josefsson, Rian Kalden, F. Scott Kleff, Kathleen M. O'Malley, Paul R. Michel, Pauline Newman

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

No abstract provided.

5d Patent Law Session. Ptab, Kenneth R. Adamo, George E. Badenoch, Patricia Martone, John Richards, John R. Thomas, Brian Scarpelli

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

No abstract provided.

7e Competition & Four Concurrent Sessions. Ip And Courts: Current And Future Challenges, Stevan D. Mitchell, Klaus Grabinski, Carl Josefsson, Annabelle Bennett, F. Scott Kieff, Oliver Jan Jüngst

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

No abstract provided.

6d Copyright Law, Competition & Trademark Law Session. U.S. Trademark Law Update, Marshall Leaffer, Joshua L. Simmons, Jeffrey A. Handelman, Gerald M. Levine, Jennifer Mcdowell

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

No abstract provided.

7d Competition & Four Concurrent Sessions. Trade Secrets, Jan-Diederik Lindemans, Richard Arnold, Courtney Cox, Victoria A. Cundiff, Sharon K. Sandeen

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

No abstract provided.

5c Patent Law Session. International Patent Developments, John Richards, Robin Jacob, Christopher Floyd, Lennie Hoffman, Dirk Bühler, Heinz Goddar, Gustavo De Freitas Morais, Shlomo Cohen

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

No abstract provided.

6c Copyright Law, Competition & Trademark Law Session. Frand, Cordula Schumacher, David Por, Steven Geiszler, Anne-Charlotte Le Bihan, Milan Kristof, Rian Kalden, Tobias Hahn, Steve Akerley

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

No abstract provided.

7c Competition & Four Concurrent Sessions. Artificial Intelligence, Michael S. Shapiro, Heli Pihlajamaa, Janet Freilich, Carlo Scollo Lavizzari, Michael Fischer, Shlomit Yanisky-Ravid, Ian C. Ballon

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

No abstract provided.

5b Patent Law Session. Patent Litigation, Myles Jelf, Simon Holzer, Marjan Noor, Stephen Burley, Ronald E. Dimock, Otto Licks, Aloys Hütterman

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

No abstract provided.

6b Copyright Law, Competition & Trademark Law Session. Copyright & Music, Mitch Glazier, Judith Finell, William F. Patry, Regan A. Smith, Daniel J. Abowd, Richard Pfohl, Sean M, O'Connor

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

No abstract provided.

7b Competition & Four Concurrent Sessions. Antitrust: Ai And Digital Platforms, Daryl Lim, Damien Geradin, William E. Kovacic, Thomas B. Nachbar, Thibault Schrepel, Charlotte Slaiman, Angela Zhang

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

No abstract provided.

5a Patent Law Session. Remedies, Brian Cordery, Paul R. Michel, Maximilian Haedicke, Marleen Van Den Horst, Adrian Howes, Ralf Uhrich, Wolrad Prinz Zu Waldeck Und Pyrmont, David J. Kappos

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

No abstract provided.

6a Copyright Law, Competition & Trademark Law Session. Platform Liability In The U.S. And Eu, Lauri Rechardt, Maria Strong, Abigail A. Rives, Ursula Feindor-Schmidt, Stanford Mccoy, Sandra Aistairs, Julia Reda

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

No abstract provided.

7a Competition & Four Concurrent Sessions. Ip In China, Mark Cohen, Elaine Wu, He Jing, Jill (Yijun) Ge, Guan H. Tang, Boya Yin

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

No abstract provided.

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.