Intellectual Property Law Commons^™

#Omg - Omissions As Media Gaffes: Endorsements In Social Media Advertisements And Influencers' Disclosure Obligations, Maximillian Plail

Chicago-Kent Journal of Intellectual Property

Court decisions in Germany tend to draw little media interest, but an exception to this comes in the form of decisions relating to disclosure obligations on social media, such as the recent case involving Cathy Hummels. Due to enforcement issues and the paucity of damages awarded to individual and companies, there is a significant lack of literature on this field of law. As a consequence, this study, which compares the U.S. and Germany while also proposing how, exactly, the law needs to change, is unique. Hardly any other area of law is home to this much ambiguity that affects such …

The Situation Of Orphan Works Under Different Jurisdictions, Bzhar Abdullah Ahmed

Chicago-Kent Journal of Intellectual Property

The article analyses the situation of orphan works solutions under several different international jurisdictions, examining each jurisdiction in turn. Various solutions for addressing the problem of orphan works are provided by the jurisdiction of each country, the most comprehensive scheme being offered by the law of the United Kingdom. The UK provides three types of solution: an exceptions-based model, compulsory licensing and extended collective licensing. The author demonstrates that as this problem largely has emerged with the proliferation of technology, some countries have not considered orphan works an issue serious enough to take steps to address. Some countries are still …

Submission To South African Parliament's Portfolio Committee On Trade And Industry - Re: Copyright Amendment Bill [B13b - 2017], Global Expert Network On Copyright User Rights

Testimony and Submissions

This submission is on behalf of the Global Expert Network on Copyright User Rights. The Network is an association of over 100 copyright academics from over 30 countries who conduct research and offer technical assistance to governments and stakeholders on the reform of copyright limitations and exceptions to promote the public interest.

Professor Sean Flynn, Counsel of Record, is a former Law Clerk for the late Chief Justice Arthur Chaskalson, is currently a Senior Research Fellow at the University of Cape Town IP Unit, and has been conducting research and leading academic projects in South Africa for over two decades. …

Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin

UC Law SF Communications and Entertainment Journal

No abstract provided.

Statements To The Wipo Standing Committee On Committee On Copyright And Related Rights, Electronic Information For Libraries

Testimony and Submissions

As an NGO accredited with permanent observer status at WIPO, EIFL has the opportunity to make interventions at sessions of WIPO committees and meetings

EIFL advocates at the World Intellectual Property Organization (WIPO) for an international copyright framework that benefits libraries in developing and transition economy countries. We participate in sessions of WIPO’s Standing Committee on Copyright and Related Rights (SCCR) that usually meets in Geneva twice a year. Due to the COVID-19 pandemic, just one SCCR took place in 2021, in hybrid mode (online for observers and limited physical participation for member state delegates).

We work with Member States …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller

UC Law SF Communications and Entertainment Journal

In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually explicit speech …

A “Journey” Through Band Agreements, Jordan M. Whitford

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Unfranchised Competitor Doctrine, John Greil

Villanova Law Review (1956 - )

No abstract provided.

Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo

South Carolina Law Review

No abstract provided.

Privacy Vs. Transparency: Handling Protected Materials In Agency Rulemaking, Christopher S. Yoo, Kellen Mccoy

Indiana Law Journal

Agencies conducting informal rulemaking proceedings increasingly confront conflicting duties with respect to protected materials included in information submitted in public rulemaking dockets. They must reconcile the broad commitment to openness and transparency reflected in federal law with the duty to protect confidential business information (CBI) and personally identifiable information (PII) against improper disclosure.

This Article presents an analysis of how agencies can best balance these often countervailing considerations. Part I explores the statutory duties to disclose and withhold information submitted in public rulemaking dockets placed on agencies. It also examines judicial decisions and other legal interpretations regarding the proper way …

Characteristics Of Patent Examiners Who Issue Litigated / Invalidated Patents, S. Sean Tu

Law Faculty Scholarship

No abstract provided.

Rethinking Copyright Harmonization, Clark Asay

Indiana Law Journal

For nearly half a century, the United States has been one of the main proponents of harmonizing the world’s copyright laws. To that end, the U.S. government has worked diligently to persuade (and, in some cases, bully) most of the world’s countries to adopt copyright standards that resemble those found in the United States. The primary reason for this push to harmonize the world’s copyright laws is simple: the United States has long been a net exporter of copyrighted works, and so the U.S. government has sought to ensure that other countries provide U.S. authors with the same economic rights …

Cyber Trespass And Property Concepts, Adam Macleod

IP Theory

No abstract provided.

Intellectual Property Rights And Public Policy On The Role Of Plain Packaging And Health Care In India, Anil Kumar Vishwakarma, Maria Devi Angerhofer

Indonesian Journal of International Law

Although tobacco is a multi-billion-dollar industry globally, its consumers are prone to various non-communicable diseases, such as cancer, heart attack, etc. Therefore, to prevent this, many states have taken initiatives to discourage the consumption of this harmful product. Many international organizations like World Health Organization (WHO) have supported these preventive measures through The WHO Framework Convention on Tobacco Control (WHO FCTC). The main objective of this convention is to encourage the concept of packaging all brands of tobacco products in a uniform standard, which is known as the Plain packaging process. This was the first initiative adopted by Australia. This …

Mark My Words, This Is A Heavy Weight To Carry: The Eleventh Circuit Court Sets The Standard Weight Given To A Presumption Of Validity Of A Registered Mark, Dana Nagel

Mercer Law Review

The proof is in the pudding. Proving something by a preponderance of the evidence is a tough burden to bear. In any civil case, the party who bears the burden of proof is at a disadvantage from the beginning. Accordingly, courts take their time deciding which party has to ultimately persuade the court to find in its favor. While history has decided many questions about who bears the burden, the same is not true in trademark law. Courts have had immense difficulty determining which party, in trademark cases, loses if the evidence is balanced. This note examines a continuing split …

Toleration Of Free Speech: Imposing Limits On Elected Officials, Amos N. Guiora

Utah Law Faculty Scholarship

Tolerance is a nuanced issue, inevitably raising concerns regarding tolerant of what and whom. There is a sense of subjective judgment in the tolerance-intolerance debate; the terminology reflects particular norms, mores, customs, and traditions. What one might perceive as a healthy and tolerable challenging of existing acceptable “ways,” another would not tolerate because of the very challenge it poses to society. That split between tolerance-intolerance applies to both speech and conduct. It reflects everyday tensions, challenges, and conflict. In examining the tolerance-intolerance debate in the speech context there are a number of assumptions integral to a robust, liberal democracy: the …

Shepardizing Patents?, Jorge L. Contreras

Utah Law Faculty Scholarship

In a world where patents play an increasingly important role in the technology development and innovation landscape, it is critical that reliable information about the status and history of patents be made available to the public. The USPTO has made a public commitment to the “discoverability, accessibility, and usability of public patent and trademark data”, and as such it can help to collect, organize and display contextual patent data in a simple and user-friendly fashion. A uniform “Shepardization” system for patents, which clearly flags issues for potential licensees, defendants and innovators and alerts the public to the potential investment and …

Patent Reality Checks Eliminating Patents On Fake, Impossible And Other Inoperative Inventions, Jorge L. Contreras

Utah Law Faculty Scholarship

The recent assertion of patents originally held by Theranos, the defunct blood analysis company whose founders are under federal indictment for fraud, highlights the existence of patents that claim non-existent and inoperative inventions. While such patents may ultimately be subject to validity challenges in court, their issuance nevertheless has harmful effects on markets and innovation. I propose several modest administrative and legislative measures directed toward the elimination of patents on inoperative inventions including (1) increasing PTO efforts to detect potentially inoperable inventions, (2) heightening examination requirements, including a certification of enablement, for certain inventions, (3) enabling greater public input into …

Mapping The Literature Of Health Care Management: An Update, Amber T. Burtis, Susan M. Howell, Mary K. Taylor

Copyright, Fair Use, Scholarly Communication, etc.

Objective: This study aims to identify the core journals cited in the health care management literature and to determine their coverage in the foremost bibliographic databases used by the discipline.

Methods: Using the methodology outlined by the Medical Library Association’s Nursing and Allied Health Resource Section (NAHRS) protocol for “Mapping the Literature of Nursing and Allied Health Professions,” this study updates an earlier study published in 2007. Cited references from articles published in a three-year range (2016–2018) were collected from five health care management journals. Using Bradford’s Law of Scattering, cited journal titles were tabulated and ranked according to the …