Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons

Open Access. Powered by Scholars. Published by Universities.®

17,101 Full-Text Articles 11,706 Authors 10,798,193 Downloads 209 Institutions

All Articles in Intellectual Property Law

Faceted Search

17,101 full-text articles. Page 1 of 544.

Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Nabila Ikhsani Aulia Wibowo 2024 Bahar Law Consulting

Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Nabila Ikhsani Aulia Wibowo

Journal of Private International Law Studies

Korean pop (K-Pop) and its fandom culture have penetrated Indonesia, resulting in a flourishing K-pop product sector. Fansite goods, fan-made merchandise originating in Korea, are one of the most popular merchandise among fans. However, because Indonesian fans' purchasing power is still restricted, many of them resort to copyright infringement of fansite goods in order to either own or gain profit from the merchandise. This article will explain whether fansite goods are protected by copyright from which country, and if so, which jurisdiction and law is applicable to rule on a dispute of fansite goods copyright infringement perpetrated by an Indonesian …


Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber 2024 DePaul University

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.


Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton 2024 DePaul University

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.


Survey Evidence In Trademark Actions, Ioana Vasiu and Lucian Vasiu 2024 DePaul University

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.


Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani 2024 DePaul University

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.


The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin 2024 DePaul University College of Law

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.


Front Matter, 2024 DePaul University

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.


A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe 2024 American University Washington College of Law

A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe

Joint PIJIP/TLS Research Paper Series

Research works occupy a unique place in the knowledge economy. They are foundational to human development, and they expand our existing knowledge base and catalyze entirely new fields of study. Creators of research works have a significant interest in the public accessibility of their works at the earliest opportunity with no expectation of financial returns from sales and distribution. As such, they constitute a different category of works and facilitate distinct considerations than other creative goods governed by copyright. Copyright law is organized around the provision of economic incentives to facilitate the continued production and distribution of authorial works for …


Connecting The Dots: Sharing Hidden Histories Of Regional Inventors’ Patents, John Schlipp, Kris Kallies 2024 Georgia Southern University

Connecting The Dots: Sharing Hidden Histories Of Regional Inventors’ Patents, John Schlipp, Kris Kallies

Journal of the Patent and Trademark Resource Center Association

Patent and Trademark Resource Centers (PTRCs) support inventors, entrepreneurs, and researchers with patent and trademark information. Some PTRCs share regional patent history as part of their community outreach. This article focuses on PTRCs that have developed online databases and published works documenting regional patents, thereby providing hidden historical insights for historians, genealogists, and students. It spotlights the development of Georgiavation, a historic patent database developed by the PTRC at Georgia Southern University. Finally, this article offers guidance for libraries, museums, and other institutions interested in documenting their state or regional patent histories. This can result in a more inclusive narrative …


Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski 2024 University of New Hampshire

Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski

The University of New Hampshire Law Review

The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither realistic nor even tenable in the current century, a century increasingly dominated by science, technology, invention, innovation, and intellectual property. Simply put, whereas lawyers are risk averse and build constructed realities to argue points and serve clients, scientists seek an objective assessment of truth and accept …


The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung 2024 Chicago-Kent College of Law

The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs 2024 Chicago-Kent College of Law

Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky 2024 Chicago-Kent College of Law

The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg 2024 Chicago-Kent College of Law

Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg

Chicago-Kent Journal of Intellectual Property

Interpretation of post-AIA IPR estoppel, codified in U.S.C. § 315(e)(2), is an issue at the forefront of patent litigation and plays an important role in the litigation process and strategy. The Federal Cir-cuit’s April 2023 ruling in Ironburg Inventions Ltd. v. Valve Corp., adopted the “skilled searcher standard” and provided some clarity re-garding the meaning of the § 315(e)(2) language, “reasonably could have raised.” While Ironburg did hold that prior art which “reasonably could have been raised” is that which “a skilled searcher conducting a diligent search reasonably would have been expected to discover,” questions pertaining to what exactly is …


Iconic Copiestm, Felicia Caponigri 2024 Chicago-Kent College of Law

Iconic Copiestm, Felicia Caponigri

Chicago-Kent Journal of Intellectual Property

There is a word that is prevalent today in marketing campaigns, ed-itorials, and our everyday language: iconic. “Iconic” is not only preva-lent as a word in everyday life. Iconic can also have legal significance. As I introduce in this article, the concept of iconic and its use by brands in trademark registrations, oppositions, and litigation has significant and underappreciated consequences under the law. There has yet been no study on the word “iconic” or the legal significance of iconic, de-spite the word’s creeping use in legal filings and claims. My article fills this gap by introducing the concept of iconic …


Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson 2024 Chicago-Kent College of Law

Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson 2024 Florida State University

Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson

American Indian Law Journal

No abstract provided.


How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa, Ryland Mahre 2024 Seattle University School of Law

How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa, Ryland Mahre

American Indian Law Journal

No abstract provided.


Digital Allotment And Vanishing Indians: Idsov And Llms, Sam McVeety 2024 University of Washington

Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety

American Indian Law Journal

No abstract provided.


Obtaining Trademark Registration For Marks Containing Political Commentary: A Look Into Vidal V. Elster, Annick Runyon 2024 University of Miami School of Law

Obtaining Trademark Registration For Marks Containing Political Commentary: A Look Into Vidal V. Elster, Annick Runyon

University of Miami Law Review

For decades, courts have struggled with balancing trademark law with the First Amendment—specifically with cases challenging the denial of trademark registration of certain marks. Congress codified trademark registration through the Lanham Act, also known as the Trademark Act of 1946. This statute outlines the registration process and expands the rights of trademark owners. In recent years, a string of cases have ruled certain provisions of the Lanham Act that bar certain marks from registration unconstitutional.

Currently under review by the Supreme Court, the case Vidal v. Elster involves an applicant who was denied trademark registration for his mark “Trump Too …


Digital Commons powered by bepress