Intellectual Property Law Commons^™

Brief Of Law Scholars As Amicus Curiae In Support Of Appellees And Affirmance, Charles Duan

Amicus Briefs & Court Filings

Amici are law professors and scholars who focus their scholarship and teaching on intellectual property law, property law, regulatory law, and health law. They write to address the plaintiff, Novartis Pharmaceuticals Corporation (Novartis), contention that the Medicare drug price negotiation program effectuates a taking of personal property in violation of the Fifth Amendment. Amici submit this brief to provide the Court with the historical and legal background necessary to understand two issues: first, the constitutionality of government price negotiations and price regulations; second, the federal government’s use of patents. The amici explain how Courts have historically ruled on these questions, …

Ethical Considerations Of Commercial Utilization Of Consumer Health Data To Build Valuable Intellectual Property, Jen Neal

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Ensuring Free, Immediate, And Equitable Access To Federally Funded Research (August 25, 2022)

Copyright, Fair Use, Scholarly Communication, etc.

Ensuring Free, Immediate, and Equitable Access to Federally Funded Research (August 25, 2022)

The "Principles Of Equity" In Dewberry, Andres Sawicki

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Plight Of The American Innovator, David R. Soucy

Chicago-Kent Journal of Intellectual Property

The American innovator is at risk. Our U.S. patent system unfortunately favors the speculators over the innovators. In the fight against questionable patent suits brought by non-practicing entities (i.e., patent trolls), those disagreements have become a one-sided affair in favor of the investor. This unjust circumstance arises due to the immunity patent trolls have from the innovator’s patents. A frustrating predicament for an innovator who has often made substantial investments in protecting his or her technology that go for naught in a dispute with an entity who does not put products into the stream of commerce. Now § 285 of …

Guardians Of Cyberspace: Censorship, Ai-Generated Child Imagery & The Role Of Online Platforms, Derick A. Kalt

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Reviewing The Reviewers: Loper Bright's Impact On Judicial Review Of Patent Trial And Appeal Board Ipr Practice, Jason A. Engel, George C. Summerfield, Devon C. Beane

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Warner Chappel Music, Inc. V. Nealy And The Copyright Act's Statute Of Limitations, Tyler T. Ochoa

Chicago-Kent Journal of Intellectual Property

The U.S. Copyright Act’s statute of limitations is unremarkable. Nonetheless, disputes concerning the interpretation and application of this statute have sufficiently vexed the courts that it has been the subject of two Supreme Court decisions in the past decade. Most recently, Warner Chappell Music, Inc. v. Nealy resolved a circuit split that lasted only a few years. Despite this resolution, and the seeming unanimity of the lower courts in adopting the discovery rule of accrual, closer examination reveals that the lower courts are applying the discovery rule in two very different ways, depending on the nature of the dispute between …

Organic Websites: Certification Of Ai-Generated Or Human-Written Content On The Internet, Andrew W. Torrance, Bill Tomlinson

Chicago-Kent Journal of Intellectual Property

This paper proposes the development of a certification system analogous to the standards used in organic food labeling, designed to distinguish websites based on the proportion of human-written versus AI-generated content. In an era where AI plays an increasingly prominent role in content creation, this system would provide transparency for consumers and uphold fair competition in digital markets. The certification would allow website creators to present verifiable evidence of their content’s provenance, ranging from entirely human-made, to a mix of human and AI contributions, to fully AI-generated content. Additionally, this paper explores the legal and policy frameworks necessary for implementing …

How To Stop Employees From Stealing Your Trade Secrets: Shifting The Focus To Prevention And Mitigation, Spencer Rabe

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

World Wide Whac-A-Mole: The Inadequacies Of The Dmca To Protect Copyright Holders Online And Why Artificial Intelligence Is The Solution, Nathania Davis-Fox

Texas A&M Journal of Property Law

Congress created the Digital Millennium Copyright Act (DMCA) at the dawn of the internet age 25 years ago. It addressed the needs and concerns of Online Service Providers (OSPs) in the nascent cyber landscape, but the DMCA must now be reformed to meet the needs of Web 2.0. The DMCA’s refusal to condition §512(c) safe harbor protection on OSPs’ platform monitoring is no longer practical. This now produces results contrary to the Copyright Act’s purpose of encouraging the creation and dissemination of new works. Copyright owners are fighting a losing battle against infringing OSP users and the DMCA’s notice-and-takedown procedures …

The Impact Of Artificial Intelligence On Lending: A New Form Of Redlining?, Sadie Cavazos

Texas A&M Journal of Property Law

The issue of biased lending is longstanding and has faced much legislation over the past few decades. When issues of discrimination in the housing market became center stage in the 1960s, Congress passed multiple acts to combat what became known as “redlining,” or systematically denying credit to minority groups of people. Acts such as the Fair Housing Act and the Equal Credit Opportunity Act worked to eliminate this discrimination, but that does not mean bias does not still exist. However, lending companies, due to the efforts of the above-enumerated acts, can no longer act on these biases. But with the …

A Constructive Trust Is Not Enough - Enacting A Slayer Statute To Better Protect A Decedent’S Heirs, Joseph William Padjune Iii

Texas A&M Journal of Property Law

This Comment explores how Texas’s common law constructive trust solution used to address the “slayer problem” (the problem that occurs when a person kills an individual they would inherit from) has some substantial limitations and explains how this system would be enhanced by enacting a complementary slayer statute. The current constructive trust doctrine fails to adequately protect a victim’s heirs, is too variable in its application, and creates too much uncertainty. By adopting the slayer statute proposed in this Comment, or one similar, the Texas Legislature can better protect a victim’s estate and their heirs. The overall aim of this …

Transformative Artists: Rebalancing The Fair Use Doctrine, Roberto C. Candelas

Texas A&M Journal of Property Law

Copyright law is intended to increase public access to creative works, and in service of this goal it grants exclusive rights to copyright holders to provide them with the economic incentive to create new works. However, the reality is that creative works are often not only influenced by their predecessors, but often are accretions of previous concepts, stylistic approaches, and ideas that add a creator’s imprimatur and thus create a new work that is tethered to its derivatives in ways that range from tenuous to seemingly duplicative. It is within this zone of ambiguous connection that the doctrine of fair …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review Online

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Million-Dollar Mysteries: Recent Complex Patent Cases Lost To Rule 36, Dennis D. Crouch

Faculty Publications

This article examines the Federal Circuit's continued use of Rule 36 summary affirmances to dispose of complex patent cases without written opinions. Through analysis of eight recent Rule 36 cases decided in early 2025, the author demonstrates that sophisticated legal issues involving millions of dollars are being summarily affirmed despite presenting novel and important questions of patent law. The cases discussed involve design patent evidentiary standards, jury trial rights for hybrid legal-equitable claims, analogous art determinations, claim construction, written description requirements, and PTAB procedural issues. The author argues that while the court may be avoiding difficult cases with complex factual …

The Digital Doctor-Patient Relationship: Imposing Heightened Duties On Femtech Apps, Kevin Frazier

The University of Cincinnati Intellectual Property and Computer Law Journal

The rapid rise of femtech apps has transformed the landscape of reproductive health, offering users access to information and services that were traditionally the domain of medical professionals. These apps, ranging from menstrual tracking to fertility planning tools, often position themselves as indispensable companions for users navigating critical health decisions. Yet, the legal frameworks governing these apps fail to account for the sensitive nature of the user-developer relationship, leaving users vulnerable to inaccurate guidance, data misuse, and inadequate recourse in cases of harm.

This essay argues that femtech app developers often assume roles akin to medical providers, creating relationships with …

Motion For Leave To File Brief Of Law Professors Sarah Fackrell, Eric Goldman, Elizabeth Rosenblatt, And Saurabh Vishnubhakat As Amici Curiae In Support Of Defendant-Appellee And Affirmance, Saurabh Vishnubhakat

Amicus Briefs

Amici professors Sarah Fackrell (who previously published under the name Sarah Burstein), Eric Goldman, Elizabeth Rosenblatt, and Saurabh Vishnubhakat, respectfully move for leave to file a brief in support of Appellee in this appeal, pursuant to Federal Rule of Appellate Procedure 29(a)(2) and (a)(3). The brief is being tendered herewith. All parties have received notice of the filing of this brief. Counsel for Appellee AccEncyc US consents to the filing; counsel for Appellants Jacki Easlick LLC, JE Corporate LLC, indicated, after multiple requests over a seven-day period, that they are unable to state a position on the filing of the …

Reforming Copyright Or Toward Another Science? A More Human Rights-Oriented Approach Under The Rebspa In Constructing A "Right To Research" For Scholarly Publishing, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

This article identifies copyright impediments existing in the sphere of science, and then tentatively suggests how such impediments may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, and specifically asks whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. …

Access To Scholarly Publications In The Global North And The Global South—Copyright And The Need For A Paradigm Shift Under The Right To Science, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

This paper assesses the deficits of copyright law for digital science, and potential solutions thereto, in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (“REBSPA” or “right to science”), as protected in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights of 1966. While, in the shorter term, existing copyright law needs to undergo certain reforms (which would all be supported by the REBSPA) to accommodate the needs of science, in the longer term, the right to science, thus the argument here, requires something else – much more, …

Deepfakes Can Ruin Lives And Livelihoods – Would Owning The ‘Rights’ To Our Own Faces And Voices Help?, Graeme W. Austin, Jane C. Ginsburg

Faculty Scholarship

Not that long ago, the term “deepfake” wasn’t in most people’s vocabularies. Now, it is not only commonplace, but is also the focus of intense legal scrutiny around the world.

Known in legal documents as “digital replicas”, deepfakes are created by artificial intelligence (AI) to simulate the visual and vocal appearance of real people, living or dead.

Unregulated, they can do a lot of damage, including financial fraud (already a problem in New Zealand), political disinformation, fake news, and the creation and dissemination of AI-generated pornography and child sexual abuse material.

For professional performers and entertainers, the proliferation and increasing …

Public Patent Powers, Laura E. Dolbow

Michigan Law Review

Congress has created multiple structures for agencies to control how patents are used, but that institutional design choice has received little academic attention. This Article provides the first comprehensive survey of existing laws that expressly authorize agencies to control patents. I locate 113 express conditions across 68 laws that expressly authorize executive actors to make some form of decision about patents. These powers, which I refer to as “public patent powers,” allow the government to use patented inventions, to obtain patents, to authorize third parties to use patented inventions, and to regulate how patents are used. Agencies have used many …

Biomanipulation, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Scientific and technological advances in the latter part of the twentieth century transformed the field of biometrics. Carleton Simon, for instance, first postulated using retinal vasculature for biometric identification in 1935, but it was not until forty years later that an Eyedentify patent brought the idea to fruition. In 1937, John Henry Wigmore anticipated using oscilloscopes to identify individuals by speech patterns. Decades later, digitization and speech processors made voiceprint identification possible. In the 1970s, biological discoveries similarly led to the development of deoxyribonucleic acid (DNA) sequencing. And while Alphonse Bertillon in the late nineteenth century postulated iris distinctions, it …

Ame's Rebranding Strategy To Build Brand Identity And Enhance Stronger Competitiveness, Michelle Adelia Sentosa, Aniendya Christianna

International Review of Humanities Studies

This research analyses AME's rebranding process to build a strong brand identity and increase competitiveness in the fashion industry. Using a descriptive qualitative method, data was collected through in-depth interviews, observations, and documentation studies. The results showed that AME's rebranding involved visual design changes as well as adjustments to the brand's vision and mission. The new illustration and packaging elements successfully attracted consumers' attention and created a positive experience, which resulted in increased sales and positive responses from consumers. The findings provide valuable insights into rebranding strategies in the fashion industry and their implications for brand identity and business performance, …

Impact Analysis Of China's Electric Vehicle Distribution On Cultural Identity Jakarta Society, Suci Kuswardani, Ike Iswary Lawanda

International Review of Humanities Studies

This study examines the impact of China's electric vehicle distribution on the cultural identity of Jakartans. With increasing air pollution and congestion in the capital city, electric vehicles have emerged as a sustainable transportation solution. This study uses a qualitative approach with data collection through interviews with 5 sources of information, namely Mr. Susanto, Mr. Robert, Mrs. Astrid, Mrs. Ratna and Mrs. Jeane. This was done to understand the adoption of electric vehicles affecting social values, cultural interactions, and community mobility patterns. The results of the study show that electric vehicles are not only an alternative transportation, but also a …

Public Baths & Gender Reconstruction In The Mangkunegaran Region Of Solo, Fiera Saffana, Irmawati Marwoto

International Review of Humanities Studies

The division of gender roles in space is already evident from the layout of traditional Javanese buildings, which reflects a patriarchal culture where men are at a higher level than women. These gender boundaries and norms are also reflected in the spatial form of public bath in Solo. This research uses the archaeological method by Deetz which consists of data collection, data processing, and data interpretation. Explaining by presenting facts based on data obtained in the field, then data processing is carried out by involving analysis of the field data that has been collected. The last stage is the interpretation …

The Influence Of Meme Culture On The Perception Of Japanese Music: A Survey Of Dolphin In Town-Kingo Hamada, Salsabila Alfajri, Bambang Wibawarta

International Review of Humanities Studies

The research aims to explore the influence of meme culture on the perception of Japanese music in the digital era, specifically analyzing the impact of meme culture on the song "Dolphin in Town" by Kingo Hamada. This study utilized quantitative methods, with surveys as the main technique for data collection. The results showed that meme culture plays an important role in introducing songs and artists that may not have previously received attention. The study also highlights the diverse impacts of meme culture on the perception of Japanese music, including its influence on popularizing, accepting, and interpreting music in various ways. …

Cultural Discount: Breakthrough Point Of China's Tv Drama Exports To Southeast Asia, Lingxing Li

International Review of Humanities Studies

Driven by China's "Going Global" strategy, the international influence of Chinese TV series continues to grow. As a key vehicle of China's cultural soft power, these TV series have significantly bolstered China's global cultural presence, particularly in Southeast Asia, by showcasing China's rich history and contemporary societal changes. Despite certain geographical and cultural similarities between China and Southeast Asia, cultural differences still present challenges to the dissemination of Chinese TV dramas, particularly in areas such as language, values, and religious beliefs. This paper not only analyzes effective strategies for mitigating "cultural discounts" but also challenges the traditional one-dimensional view of …

Understanding The Transmission Of Deepavali Culture In Malaysia From The Perspective Of The "Circuit Of Culture ", Su Zihua, Mochamad Aviandy

International Review of Humanities Studies

As an important traditional festival in India, Deepavali carries profound cultural and religious connotations and has spread widely across Southeast Asia. Malaysia has become a typical example for articleing the transmisi of Deepavali due to its large Indian population and diverse cultural circulation. This article adopts a qualitative research method, gathering data and literature from various platforms and deeply analyzing three aspects of Deepavali in Malaysia: representation and identity, production and consumption, and regulation.The article finds that its cultural symbols construct Indian identity, and the multicultural integration of elements promotes the identification of shared values. Various activities and advertisements during …

The Systematics Of Online Debt Collection Speech In Indonesian, Filia Filia Dr., Muhammad Rifqi Herjoko

International Review of Humanities Studies

This study examines the discourse systematics used in the online loan collection speeches in the Indonesian language. Online loans are one of the financial services that are widely used by the people nowadays. However, the efforts to collect these loans have raised issues within the community. This study aims to elaborate on the speech acts and systematics forming the discourse of online loan collection. This study is using 50 screenshots of online loan collection messages on Instagram accounts as the data source. Research data is in the form of speeches used by the creditors to collect debt from the debtors. …