Intellectual Property Law Commons^™

Sifat Hukum Hak Cipta Sebagai Kebendaan Sui Generis, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Legal Aspect Of The Right To Be Forgotten (Rtf) On Social Media In Indonesia, Ahmad M Ramli, Tasya Safiranita, Denindah Olivia, Reihan Ahmad Millaudy

Technology and Economics Law Journal

Social media as a digital platform has a highly specialized design. Firstly, the content distribution is massive and instantaneous; and secondly, all the information and contents contained in the social media are relatively permanent, almost eternal, and are easily accessible even though it has been for decades. Furthermore, it is becoming easier to find sources of information with a search engine, such as Google, that can display up to millions of search results in a fraction of a second. The guarantee of the right to privacy is, then, related to a new right that was first recognized on the European …

Analisis Sengketa Dagang Merek Terkenal Antara Tbl Licensing Llc Dengan Timberlake Indonesia (Studi Kasus Putusan Mahkamah Agung Nomor 42/Pdt.Sus-Merek/2020/Pn.Niaga.Jkt.Pst), Trini Diyani, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang

Duke Law & Technology Review

Most multinational enterprises (MNEs) register their original trademarks in Roman letters in China upon entering the Chinese market. However, many fail to develop and register corresponding Chinese marks because they do not understand local culture and consumers, overvalue consumers’ presumed brand loyalty, or neglect the accompanying trademark issues. This failure enables trademark squatters to register and hold the Chinese marks for ransom or local competitors to free ride on foreign marks using their Chinese translations or transliterations. This Article first introduces the complexity of translating a foreign mark into Chinese, which concerns complex linguistic, cultural, and business challenges. Based on …

Protecting Fair Use From Algorithms, Internet Platforms, And The Copyright Office: A Critique Of The § 512 Study, Mary Kate Sherwood

St. John's Law Review

(Excerpt)

In 1994, the Supreme Court of the United States held that a musical group’s parody of a well-known song could be fair use, which is a noninfringing use of copyrighted content. In 2006, the Second Circuit found that an artist’s use of copyrighted photographs in his own artwork constituted fair use. In 2016, the Ninth Circuit found that a video of a child dancing to a short clip of a copyrighted Prince song could be fair use. But in 2022, a creator who attempts to share her fair use of copyrighted material online may not have recourse to the …

Auris Health, Inc. V. Intuitive Surgical Operations: A New “Rigid Rule” For Patent Obviousness, Moawad, Jake

Santa Clara High Technology Law Journal

AURIS HEALTH, INC. V. INTUITIVE SURGICAL

OPERATIONS:

A NEW “RIGID RULE” FOR PATENT OBVIOUSNESS Auris Health, Inc. v. Intuitive Surgical Operations, Inc.,

32 F.4th 1154 (Fed. Cir. 2022)♦

Progress As Impact: A Contemporary View Of Copyright And Patent Clause, Alina Ng

Journal Articles

This paper argues that the incentive-welfare functions of patents and copyrights would be enhanced by embracing a more purpose-driven view of inventions and creative expressions. This paper is divided into three parts to show how conceptualizing “progress” as the betterment of society through the use of impactful intellectual property will ultimately benefit both the creator and recipient of the work so that the incentive welfare function of the law is maximized. Part I of the paper explores the concept of progress as a goal undergirding the patent and copyright systems and shows how the conventional understanding of progress as “creation” …

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.

Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi

UNH Sports Law Review

No abstract provided.

Table Of Contents, Editorial Board

UNH Sports Law Review

No abstract provided.

Masthead, Editorial Board

UNH Sports Law Review

No abstract provided.

A Look At The Current Status Of The Crispr Patent Interferences Involving Broad Institute, University Of California And University Of Vienna, Toolgen, And Sigma-Aldrich, Christopher M. Holman

Faculty Works

No abstract provided.

Federal Circuit Declines To Find Patent Claims Indefinite For Broad Descriptive Words (And An Ode To 1l Civil Procedure), Barbier, Janelle

Santa Clara High Technology Law Journal

FEDERAL CIRCUIT DECLINES TO FIND PATENT CLAIMS INDEFINITE FOR BROAD DESCRIPTIVE WORDS (AND AN ODE TO 1L CIVIL PROCEDURE)

Niazi Licensing Corporation v. St. Jude Medical S.C., Inc., 30 F.4th 1339 (Fed. Cir. 2022)♦

A Proposed Analytical Framework For Resolving An Intra-Court Split On Claim Construction Ambiguity, Perez, Erik I.

Santa Clara High Technology Law Journal

The Federal Circuit was created to ensure patent law consistency by reducing inter-circuit splits.1 For decades, the Federal Circuit has oscillated between two standards associated with claim construction. This Article attempts to explain, analyze, and propose a solution to the intra-court split on claim construction. Part I examines the historical overview of patent litigation. This section briefly describes patent document sections, protectable patent rights, and patent interpretation shifts, from relying on the patent’s specification, to the patent’s claim. Part II examines current patent law. This section briefly describes how patent claims are interpreted and what role the specification aids in …

A Reconceptualization Of Website Accessibility Under The Ada: Resolving The Inter-Circuit Conflict Post-Pandemic, Lazar, Jonathan, Ferleger, David

Santa Clara High Technology Law Journal

The federal circuit courts of appeals are in conflict over whether Title III of the Americans with Disabilities Act requires public accommodations’ websites to be accessible to people with disabilities. Some courts consider websites themselves to be a covered “place of public accommodation.” Others conclude that websites are not covered at all. The predominant view is that a website must be accessible if it has a “nexus” to a physical public location. However, the “nexus” requirement has been problematic from the start and its weaknesses have been particularly exposed during the COVID-19 pandemic. The pandemic exposes a deep mismatch between …

Competition And Innovation: The Breakup Of Ig Farben, Felix Poege

Faculty Scholarship

The relationship between competition and innovation is difficult to disentangle, as exogenous variation in market structure is rare. The 1952 breakup of Germany’s leading chemical company, IG Farben, represents such a disruption. After the Second World War, the Allies occupying Germany imposed the breakup because of IG Farben’s importance for the German war economy instead of standard antitrust concerns. In technology areas where the breakup reduced concentration, patenting increased strongly, driven by domestic firms unrelated to IG Farben. An analysis of patent texts shows that an increased propensity to patent does not drive the effect. Descriptively, IG Farben’s successors increased …

Zen And The Art Of Repair Manuals: Enabling A Participatory Right To Repair Through An Autonomous Concept Of Eu Copyright Law, Anthony D. Rosborough

Articles, Book Chapters, & Popular Press

Repair manuals are an essential resource for repairing today’s modern and computerised devices. And though these manuals may contain purely utilitarian and uncopyrightable facts, they often receive copyright protection in their entirety as literary works. This protection can impede community-based efforts toward fostering a culture of participatory repair throughout the EU, including repair cafés and tool libraries. Participatory repair activities provide numerous environmental, social, and economic benefits. This article explores whether directive 2001/29/EC’s exception for “uses in connection with the repair or demonstration of equipment” at Article 5(3)(l) (the “Repair Exception”) may offer an avenue for enabling such non-profit participatory …

Dark Systems: Reprogramming Artificial Intelligence Regulations To Promote Fairness And Employment Nondiscrimination, Wennagel, Robert

Santa Clara High Technology Law Journal

Automated decision-making (“ADM”) systems, whether deploying artificial intelligence, machine learning, or other algorithmic processes, have become ubiquitous in modern life, but their use is often unnoticed or invisible to society at large. Currently no federal laws require notice or disclosure to individuals when an ADM is used to collect their data, evaluate them, or make determinations about their lives. This is particularly concerning for the employment relationship because notice and transparency are essential for personal privacy, and the surreptitious use of ADM systems deprives applicants and employees of the ability to understand employers’ decision-making processes and to seek redress under …