Intellectual Property Law Commons^™

Regents Of Univ. Of California V. Broad Inst., Inc., 903 F.3d 1286 (Fed. Cir. 2018), Ali Albazzaz

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Note On Mayo Foundation For Medical Education And Research V. Iancu, Florence Montarmani

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

What's Going On With Copyright Trolls?, Edward Grahovec

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Labour Of Love: An Open Access Manifesto For Freedom, Integrity, And Creativity In The Humanities And Interpretive Social Sciences, Andrea E. Pia, Simon Batterbury, Agnieszka Joniak-Lüthi, Marcel Laflamme, Gerda Wielander, Filippo M. Zerilli, Melissa Nolas, Jon Schubert, Nicholas Loubere, Ivan Franceschini, Casey Walsh, Agathe Mora, Christos Varvantakis

Copyright, Fair Use, Scholarly Communication, etc.

Over the next decade, Open Access (OA) is likely to become the default in scholarly publishing. Yet, as commercial publishers develop new models for capturing revenue (and as policy initiatives like Plan S remain reluctant to challenge their centrality), researchers, librarians, and other concerned observers are beginning to articulate a set of values that critically engages the industry-driven project of broadening access to specialist scholarship. While alternative genealogies exist, conversations about OA in the Global North have largely been concerned with the model of the STEM disciplines, lately shifting to focus on the development of infrastructural fixes that transcend traditional …

Yard: A Tool For Curating Research Outputs, Limor Peer, Joshua Dull

Copyright, Fair Use, Scholarly Communication, etc.

Repositories increasingly accept research outputs and associated artifacts that underlie reported findings, leading to potential changes in the demand for data curation and repository services. This paper describes a curation tool that responds to this challenge by economizing and optimizing curation efforts. The curation tool is implemented at Yale University’s Institution for Social and Policy Studies (ISPS) as YARD. By standardizing the curation workflow, YARD helps create high quality data packages that are findable, accessible, interoperable, and reusable (FAIR) and promotes research transparency by connecting the activities of researchers, curators, and publishers through a single pipeline.

Mod Money, Mod Problems: A Critique Of Copyright Restrictions On Video Game Modifications And An Evaluation Of Associated Monetization Regimes, Carl "Ott" Lindstrom

William & Mary Business Law Review

Video game modifications (mods) have had a tremendously positive impact on the game industry, both in terms of commercial success and evolution of the medium. But the present court doctrine, enabled by Micro Star v. Formgen and abetted by restrictive End User License Agreements, greatly underserves the mod community and undermines the principal tenet of copyright law: the fundamental right to reap the benefits of what one has created. This Note examines and critiques the current doctrine and its ethical pitfalls. It also explores the pros and cons of current methods of mod monetization, including remakes, developer partnerships, and donation …

Open Access Uptake By Universities Worldwide, Nicolas Robinson-Garcia, Rodrigo Costas, Thed N. Van Leeuwen

Copyright, Fair Use, Scholarly Communication, etc.

The implementation of policies promoting the adoption of an open science (OS) culture must be accompanied by indicators that allow monitoring the uptake of such policies and their potential effects on research publishing and sharing practices. This study presents indicators of open access (OA) at the institutional level for universities worldwide. By combining data from Web of Science, Unpaywall and the Leiden Ranking disambiguation of institutions, we track OA coverage of universities' output for 963 institutions. This paper presents the methodological challenges, conceptual discrepancies and limitations and discusses further steps needed to move forward the discussion on fostering OA and …

Cybersecurity-Corporate Espionage, Amy J. Ramson

Open Educational Resources

The goals of this team activity in the area of criminal law, cybersecurity and cyber crime are to facilitate team work, critical thinking and presentation skills. Students will be grouped into two teams. As a team, they will analyze cases about corporate espionage committed by nation states and industry competitors through the questions presented in the activity. They will present their analysis to the class.

United States Patent And Trademark Office V. Booking.Com B.V.: How Do We Know When Something Is A Name?, Laura A. Heymann

Popular Media

No abstract provided.

Going “All In” After Murphy V. Ncaa: An Approach For California To Legalize Sports Gambling, Kailey J. Walsh

UC Law SF Communications and Entertainment Journal

When people think of sports gambling, they think of Las Vegas. Until recently, Nevada was the only state where one could legally place bets on sporting events. However, since the recent Supreme Court decision, Murphy v. NCAA, states are now in control when it comes to deciding whether or not to legalize sports gambling. As a result of the Murphy v. NCAA decision, some states have started to pass legislation to allow its citizens to legally place bets on certain sporting events. The driving force to legalize sports gambling stems from states’ desires to increase revenue through the taxation of …

Leveraging The Ilo For Human Rights And Workers’ Rights In International Sporting Events, Dantam Le

UC Law SF Communications and Entertainment Journal

Sports majorly impact the world, and millions of fans from all over the globe rally together with pride to watch their countries compete on the world’s stage in international sporting events such as the Olympic Games and the World Cup. Studies suggest that mega sporting events help host cities gain an influx of resources from the central government relative to non-host cities in the same country, and that this may be particularly important in periods of economic recession and resource scarcity. Sports play a central role in quality education for all, and sports have been found to advance public health, …

The Shield And The Sword: The Press Between The Public Interest And The Illegal Interception Of Private Communications, Andres Calderon

UC Law SF Communications and Entertainment Journal

Journalism is not only under the attack of fake news and post-truth politics. Its main enemy comes from within. Malpractices of journalism such as the fabrication of sources and fake stories and illegal intrusion in people’s privacy are part of the equation that leads to people’s distrust in news organization.

This article addresses two very related topics that, nevertheless, have not been sufficiently studied as part of the same phenomenon: the reporter’s privilege to protect his sources’ identity and its connection with a journalist’s involvement in the illegal hacking or interception of private communications.

After reviewing most relevant case laws …

What Role Can Regulations Play? A South African Public Law Perspective On The Potential Response Through Regulations To Constitutional Reservations About The Copyright Amendment Bill, B-13b Of 2017, Jonathan Klaaren

Joint PIJIP/TLS Research Paper Series

This working paper addresses several issues in South African law relevant to determining whether and to what extent regulations may address genuine problems in the Copyright Amendment Bill [CAB]. Regulations are of course not yet drafted for this Bill and the Bill remains a Bill and is not yet an Act. Indeed, as discussed further below, the Bill is currently under consideration in Parliament as part of a section 79 process. In addition to its focus on the CAB, this paper identifies a set of emerging South African public law issues associated with similarly situated legislation.

After a background section …

This Is No Laughing Matter: How Should Comedians Be Able To Protect Their Jokes?, Sarah Gamblin

UC Law SF Communications and Entertainment Journal

This note will discuss the current state of protection for jokes and comedy. As it is now, the only protection comics have is self-help, meaning comedians take punishing thefts into their own hands. This note will dive into the reasons why the current legislature and courts refuse to recognize jokes as copyrightable. Specifically, why many believe that jokes to not meet the qualifications of being an expression, as well as the fear that protecting jokes will lead to chilled speech.

Additionally, this note shall discuss the ways jokes could be protected under the current legal scheme, including trademark and state …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Gene Patents, Drug Prices, And Scientific Research: Unexpected Effects Of Recently Proposed Patent Eligibility Legislation, Charles Duan

Scholarly Articles in Law Reviews & Journals

Recently, Congress has considered legislation to amend§ 101, a section of the Patent Act that the Supreme Court has held to prohibit patenting of laws of nature, natural phenomena, and abstract ideas. This draft legislation would expand the realm of patent-eligible subject matter, overturning the Court's precedents along the way. The draft legislation, and movement to change this doctrine of patent law, made substantial headway with a subcommittee of the Senate holding numerous roundtables and hearings on the subject.

This article considers some less-discussed consequences of that draft legislative proposal. The legislation likely opens the door to patenting of subject …

Sea Change: The Rising Tide Of Pro Bono Legal Services For The Creative Community, Victoria Phillips

IP Theory

No abstract provided.

Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein

Indiana Law Journal

The law of trademark tarnishment—a type of trademark dilution—is in disarray. The

basic definition is deceptively simple. Trademark tarnishment occurs when a junior

mark harms the reputation of a substantially similar existing senior trademark by

associating itself with something perverse or deviant. However, it turns out that

Congress and the courts disagree over the prima facie evidence necessary to prove

its existence. The problem is that federal law and related legal principles are simply

ill-equipped to adequately analyze this unique market-driven doctrine. To make

matters worse, legal scholars cannot even agree on whether trademark tarnishment

can empirically exist in the …

Cultural Ip Vs. Commercial Ip [Notes], J. Janewa Osei-Tutu

Articles

No abstract provided.

When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl

IP Theory

No abstract provided.

Automated Copyright Enforcement Online: From Blocking To Monetization Of User-Generated Content, Henning Grosse Ruse-Khan

Joint PIJIP/TLS Research Paper Series

Global platforms such as YouTube, Facebook, Instagram or TikTok live on users ‘freely’ sharing content, in exchange for the data generated in the process. Many of these digital market actors nowadays employ automated copyright enforcement tools, allowing those who claim ownership to identify matching content uploaded by users. While most debates on state-sanctioned platform liability and automated private ordering by platforms has focused on the implications of user generated content being blocked, this paper places a spotlight on monetization. Using YouTube’s Content ID as principal example, I show how monetizing user content is by far the norm, and blocking the …

Innovative Approaches To Diversion Data, Sean Flynn, Robin Olsen, Maggie Wolk

Scholarly Articles in Law Reviews & Journals

Prosecutors across the country are collecting and using data to make decisions in their offices. At the same time, prosecutors are interested in developing and sustaining prosecutorial diversion approaches. Prosecutors can use data to assist in decision-making regarding diversion case processing choices as well as to make office policy and resource allocation decisions that, in turn, support expanded diversion programs. Data collection can help prosecutors decide if a prosecutorial diversion program will work for them, and if so, what characteristics it should have. Finally, data can help prosecutors see whether they are obtaining their intended outcomes. Prosecutors possess varying levels …

Trade Mark Licensing And Covid-19: Why Fashion Companies Have A Duty To Comply With Their Legal Obligations, Irene Calboli

Faculty Scholarship

For the past several months, Covid-19 has dominated the intellectual property (IP) debate. Most discussions have focused on the implications of patent protection on access to treatments against the virus and a hopefully soon to be found vaccine. In these remarks, I would like to focus on another Covid-19 crisis making headlines across the world and partially related to IP: millions of workers in the garment industry in developing countries have been fired or furloughed as fashion companies have cancelled orders due to plunging sales since the pandemic’s beginning. Famous Western groups such as Inditex (Zara), C&A, Target, and Marks …

A Unified Theory Of Convoy Goods, Michael Risch

Faculty Publications

Patent damages jurisprudence continues to struggle with how to treat the sales of noninfringing goods. When such goods have nothing to do with the patent, the answer is easy -- no damages. But when the goods are sold along with patented goods (so-called convoy goods), then courts and commentators are all over the place. The confusion is even worse because most discussion fails to consider whether and how convoy goods should affect lost profits versus reasonable royalty analysis. This commentary provides a general definition of convoy goods and provides a unified theory about how to treat them in both lost …

The Machine As Author, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

Machines are increasingly good at emulating humans and laying siege to what has been a strictly human outpost: intellectual creativity.

At this juncture, we cannot know with certainty how high machines will reach on the creativity ladder when compared to, or measured against, their human counterparts, but we do know this. They are far enough already to force us to ask a genuinely hard and complex question, one that intellectual property (“IP”) scholars and courts will need to answer soon; namely, whether copyrights should be granted to productions made not by humans but by machines.

This Article’s specific objective is …

Trips And Its Contents, Peter K. Yu

Faculty Scholarship

In 2006, I published TRIPS and Its Discontents in a symposium commemorating the tenth anniversary of the WTO TRIPS Agreement. At that time, developing countries were deeply discontent with the Agreement and the new and higher intellectual property standards that the WTO had imposed upon them. By contrast, when the TRIPS Agreement was about to celebrate its twenty-fifth anniversary in April 2019, the developing countries' trenchant critiques of the Agreement were mostly gone. Also disappearing were their usual accusations of neoimperialism.

What has happened? Have developing countries successfully adjusted, or become sensitized, to the high intellectual property standards in the …

Against Progress: Interventions About Equality In Supreme Court Cases About Copyright Law, Jessica Silbey

Chicago-Kent Journal of Intellectual Property

Despite expanding scope and the rise of “more” intellectual property, Against Progress demonstrates that turn-of-the century intellectual property practice challenges the “progress as more” paradigm. Through various methodological interventions – close reading of cases, doctrinal analysis, and various qualitative empirical methods – Against Progress demonstrates how contemporary accounts of intellectual property are not primarily anchored by claims of “more” or in economic growth terms. Instead, creative and innovative practices (and disputes concerning them) revolve around adjacent values and principles central to our constitutional system such as equality, privacy, and community or general welfare.

Two Centuries Of Trademark And Copyright Law: A Citation-Network-Analysis Approach, Joseph Scott Miller

Chicago-Kent Journal of Intellectual Property

The Supreme Court has decided many more patent cases than trademark or copyright cases. This is so not just in the past decade—the focus of the tenth annual Supreme Court IP Review at the Chicago-Kent College of Law, in September 2019—but in the past 20 decades. In gathering the entire body of the Court’s IP caselaw for study with cita-tion-network-analysis tools, I found that patent cases greatly outnum-ber trademark and copyright cases. Moreover, patent cases, especially patent and antitrust cases, dominate the metrics for the most central cases in the citation network.

Aesthetic Functionality At A Crossroads: What A Troublesome Doctrine Can Learn From Its Past, Xiaoren Wang

Chicago-Kent Journal of Intellectual Property

With the rise of branding and marketing, firms started using trade dress such as product features or packages to identify themselves. Some firms claim an exclusive trademark right on their trade dress. However, granting a trademark right to some trade dresses might hinder competition. For example, if one firm claims trademark on the heart-shaped candy box, it will prevent others from using the same package to compete in the Valentine’s Day sweets market. So U.S. courts developed a doctrine called aesthetic functionality to avoid the competition hindrance consequence. Aesthetic functionality refers to the situation where a trade dress has the …