Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup),
2022
Dalhousie University
Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji
PhD Dissertations
Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …
Authoring Prior Art,
2022
Vanderbilt School of Law
Authoring Prior Art, Joseph P. Fishman, Kristelia Garcia
Vanderbilt Law Review
Patent law and copyright law are widely understood to diverge in how they approach prior art, the universe of information that already existed before a particular innovation's development. For patents, prior art is paramount. An invention can't be patented unless it is both novel and nonobvious when viewed against the backdrop of all the earlier inventions that paved the way. But for copyrights, prior art is supposed to be virtually irrelevant. Black-letter copyright doctrine doesn't care if a creative work happens to resemble its predecessors, only that it isn't actually copied from them. In principle, then, outside of the narrow …
Patent Prophylaxis: Expanding Access To Prep Through 28 U.S.C. § 1498,
2022
William & Mary Law School
Patent Prophylaxis: Expanding Access To Prep Through 28 U.S.C. § 1498, Jonathan A. Bell
William & Mary Law Review
Part I of this Note details the discovery of Truvada for PrEP [pre-exposure prophylaxis] and the ongoing patent infringement litigation brought by HHS [United States Department of Health and Human Services], discusses the patents currently held by CDC and Gilead, and examines the shortcomings of infringement litigation as a means to expand access to the drug. Part II analyzes the mechanism of march-in rights under the Bayh-Dole Act and discusses two previously attempted applications for the HIV-management drug ritonavir to demonstrate why march-in rights will always fail to expand access to life-saving medications or reduce costs to consumers. Part III …
Cannabis, Consumers, And The Trademark Laundering Trap,
2022
William & Mary Law School
Cannabis, Consumers, And The Trademark Laundering Trap, Viva R. Moffat, Sam Kamin, Tim Maffett
William & Mary Law Review
At the moment, cannabis companies cannot acquire federal trademark protection for their marijuana products because the ''lawful use" doctrine limits trademark registration to goods lawfully sold in commerce. Given that marijuana remains illegal under federal law, this may not sound like much of a problem, but it has serious consequences for consumers. Without trademark rights, one cannabis company can simply use the brand name of another, more prominent, company on its marijuana products, and consumers will assume that they are getting the products they have come to rely on, with potentially dangerous results. The current approach of the United States …
A Music Industry Circuit Split: The De Minimis Exception In Digital Sampling,
2022
University of Richmond School of Law
A Music Industry Circuit Split: The De Minimis Exception In Digital Sampling, Michaela S. Morrissey
University of Richmond Law Review
When hip-hop icon Biz Markie released his album “All Samples Cleared!” he joked of the end of what was known as the “Golden Age” of digital sampling in the hip-hop and rap music industry. The Golden Age began in the late 1980s, and because there was no regulation of the practice, it was a period of musical enlightenment in which musicians could freely utilize digital sampling without legal repercussion. However, in 2005, the United States Court of Appeals for the Sixth Circuit handed down an opinion that sent shock waves across the music industry. In Bridgeport Music Inc. v. Dimension …
Make Some Sense Of Scent Trademarks: The United States Needs A Graphical Representation Requirement,
2022
University of Richmond School of Law
Make Some Sense Of Scent Trademarks: The United States Needs A Graphical Representation Requirement, Gabrielle E. Brill
University of Richmond Law Review
When it comes to consumer loyalty, some businesses have decided to go beyond attracting the eyes. Why not keep customers via their nostrils? Accordingly, the scent marketing industry is booming. Jennifer Dublino, Vice President of Development at ScentWorld Events, remarks that “smell is one of the most unique of human senses. Scent enters the limbic system [of the brain] and bypasses all of the cognitive and logical thought processes and goes directly to the emotional and memory areas of the brain.” Companies like ScentAir have been created specifically to help stores design fragrances that best fit their image and objectives …
Authoring Prior Art,
2022
Vanderbilt University Law School
Authoring Prior Art, Joseph P. Fishman, Kristelia Garcia
Vanderbilt Law School Faculty Publications
Patent law and copyright law are widely understood to diverge in how they approach prior art, the universe of information that already existed before a particular innovation’s development. For patents, prior art is paramount. An invention can’t be patented unless it is both novel and nonobvious when viewed against the backdrop of all the earlier inventions that paved the way. But for copyrights, prior art is supposed to be virtually irrelevant. Black-letter copyright doctrine doesn’t care if a creative work happens to resemble its predecessors, only that it isn’t actually copied from them. In principle, then, outside of the narrow …
Resisting Face Surveillance With Copyright Law,
2022
Georgetown University Law Center
Resisting Face Surveillance With Copyright Law, Amanda Levendowski
Georgetown Law Faculty Publications and Other Works
Face surveillance is animated by deep-rooted demographic and deployment biases that endanger marginalized communities and threaten the privacy of all. But current approaches have not prevented its adoption by law enforcement. Some companies have offered voluntary moratoria on selling the technology, leaving many others to fill in the gaps. Legislators have enacted regulatory oversight at the state and city levels, but a federal ban remains elusive. Both approaches require vast shifts in practical and political will, each with drawbacks. While we wait, face surveillance persists. This Article suggests a new possibility: face surveillance is fueled by unauthorized copies and reproductions …
Dirty Little Secrets: The Constitutional Feasibility Of Implementing Legislation To Compel Licensing Of Trade Secrets To End The Covid-19 Pandemic,
2022
University of Cincinnati College of Law
Dirty Little Secrets: The Constitutional Feasibility Of Implementing Legislation To Compel Licensing Of Trade Secrets To End The Covid-19 Pandemic, Noah Olson
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
The Art Of Cross-Examination In Ptab Trials,
2022
Husch Blackwell LLP
The Art Of Cross-Examination In Ptab Trials, Philip D. Segrest Jr.
Chicago-Kent Journal of Intellectual Property
Despite similarities in form, a cross-examination in a Patent Trial and Appeal Board (“PTAB”) trial constitutes trial testimony, which is different from a discovery deposition occurring in civil litigation. While most practitioners would readily recognize this distinction in the abstract, it can be easy to fall back into patterns learned in and applicable to pretrial discovery in civil litigation that may not fit for a PTAB cross-examination. The PTAB regulations describe cross-examination as “routine discovery” in the “form of a deposition transcript,” but a civil action discovery deposition and a PTAB trial cross-examination deposition differ in their goals, their applicable …
Did Sotera Stipulations Solve The Fintiv Criticisms?,
2022
Chicago-Kent College of Law
Did Sotera Stipulations Solve The Fintiv Criticisms?, Nathan Sportel
Chicago-Kent Journal of Intellectual Property
No abstract provided.
An "Opensea" Of Infringement: The Intellectual Property Implications Of Nfts,
2022
University of Cincinnati College of Law
An "Opensea" Of Infringement: The Intellectual Property Implications Of Nfts, Madison Yoder
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Digital Killed The Analog Star: An Evaluation Of Copyright Law And Its Effects On The Modern Jazz Musician,
2022
Bellarmine University
Digital Killed The Analog Star: An Evaluation Of Copyright Law And Its Effects On The Modern Jazz Musician, Anne Wamsley
Undergraduate Theses
This paper is a survey of modern American copyright law and an analysis of its effectiveness in the digital age through the use of grounded theory research practices, including a review of precedent and history of copyright law and interviews of jazz musicians that have varied levels of experience in different positions throughout the industry. Since music has become a commodity, it has needed to be protected by the law to ensure that musicians are paid fairly for the consumption of their work. Before the modern era, musicians made their living predominantly from record, tape, and CD sales, making concert …
Resorbing Patent Law's Kessler Cat Into The General Law Of Preclusion,
2022
The University of Akron
Resorbing Patent Law's Kessler Cat Into The General Law Of Preclusion, Dennis Crouch, Homayoon Rafatijo
Akron Law Review
The Supreme Court has warned against the creation and expansion of patent-specific rules of procedure where the general law would suffice. The recently revived and expanded Kessler doctrine is one such patent-specific rule, and we argue its time has come for resorption into the general law of preclusion that has since expanded to encompass the doctrine. We utilize a novel law and economic analysis of the rules of preclusion to demonstrate how lower courts’ expansion of the Kessler doctrine defeats the rationale behind the general law of preclusion.
Intellectual Property For A Better Future,
2022
University of Nevada, Las Vegas -- William S. Boyd School of Law
Intellectual Property For A Better Future, Marketa Trimble
Media & Informal Publications
Professor Trimble delivered this presentation for Propriedade Intelectual sem fronteiras: seminário comparativo Brasil-Estados, a World Intellectual Property Day event organized by the United States Consulate General in Sao Paulo, Brazil and Mackenzie Presbyterian University (Sao Paolo, Brazil).
5b Patent Law Session. Patent Potpouri,
2022
Bristows LLP, London
5b Patent Law Session. Patent Potpouri, Andrew Bowler, Michael Williams, Sepehr Shahshahani, Ari Laakkonen, Marleen Van Den Horst, Simon Holzer
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
1c Plenary Session. Views From The Judiciary,
2022
Fordham University School of Law, New York
1c Plenary Session. Views From The Judiciary, Hugh C. Hansen, Richard Arnold, Stephen Burley, Paolo Catallozzi, Klaus Grabinski, Simon Holzer, Gordon Humphreys, Robin Jacob, Carl Josefsson, Rian Kalden, F. Scott Kieff, Paul R. Michel, Pauline Newman, Peter Charleton, Edger F. Brinkman
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
5d Patent Law Session. Ptab,
2022
Fish & Richardson, P.C., New York
5d Patent Law Session. Ptab, John B. Pegram, Adam Mossoff, Patricia Martone, Brian Scarpelli, George E. Badenoch, Brian P. Murphy
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
6d Copyright Law, Competition & Trademark Law Session. U.S. Copyright Developments,
2022
U.S. Patent and Trademark Office (USPTO), Alexandria
6d Copyright Law, Competition & Trademark Law Session. U.S. Copyright Developments, Michael S. Shapiro, David O. Carson, Kevin Amer, Joshua L. Simmons, Jennifer Pariser, Sandra Aistars
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
7d Competition, Two Concurrent Sessions & Trademark Law. U.S. Trademark Law Developments,
2022
Offit Kurman, New York
7d Competition, Two Concurrent Sessions & Trademark Law. U.S. Trademark Law Developments, Matthew D. Asbell, Marshall Leaffer, Jennifer Simmons, Rebecca Tushnet, Gerald M. Levine, Maria A. Scungio
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
