Intellectual Property Law Commons^™

Taking Access Seriously, Bj Ard

Texas A&M Law Review

Copyright is conventionally understood as serving the dual purposes of providing incentives for the creation of new works and access to the resulting works. In most analysis of copyright, however, creation takes priority. When access is considered, it is often in the context of how access relates back to the creation of new works. Largely missing is an account of the value of access on its own terms.

So what is the place of access in copyright law and policy? A set of cases dealing with copyright owners’ attempts to enjoin the markets created by new playback and distribution technologies …

Is The Word "Consumer" Biasing Trademark Law?, Dustin Marlan

Texas A&M Law Review

Our trademark law uses the term “consumer” constantly, reflexively, and unconsciously to label the subject of its purpose—the purchasing public. According to the U.S. Supreme Court, trademark law has “a specialized mission: to help consumers identify goods and services they wish to purchase, as well as those they want to avoid.” As one leading commentator puts it, “trademarks are a property of consumers’ minds,” and “the consumer, we are led to believe, is the measure of all things in trademark law.”

Much criticism has been rightly levied against trademark law’s treatment of the consumer as passive, ignorant, and gullible. For …

Opening - Welcome And Instructions, Christine Farley, Irene Calboli, Jorge Contreras, J. Glynn Lunney

Presentations

By American University Washington College of Law, Texas A&M University School of Law, and University of Utah S.J. Quinney College of Law.

United States Supreme Court Ip Cases, 1810–2019: Measuring & Mapping The Citation Networks, Joseph Scott Miller

Catholic University Law Review

Intellectual property law in the United States, though shaped by key statutes, has long been a common-law field to a great degree. Many decades of decisional law flesh out the meaning of broad-textured, sparely worded statutes. Given the key roles of patent law and copyright law, both federal, the Supreme Court of the United States is i.p. law’s leading apex court. What are the major topical currents in the Supreme Court’s i.p. cases, both now and over the course of the Court’s work? This study uses network-analysis tools to measure and map the entirety of the Court’s i.p. jurisprudence. It …

Modalities, Challenges, And Possibilities: An Introduction To The Pharmaceutical Innovation Symposium, Peter K. Yu

Texas A&M Journal of Property Law

On October 25, 2019, the Texas A&M Journal of Property Lawand the Center for Law and Intellectual Property at Texas A&M University School of Law jointly organized the “Pharmaceutical Innovation, Patent Protection, and Regulatory Exclusivities” Symposium. Although none of the organizers and participants could predict what was to come in the next few months, there was a wide consensus that the rapid changes in the pharmaceutical landscape and our continuous struggle to strike a proper balance between proprietary protection and public access in the public health arena deserves scholarly, policy, and regulatory attention.

To help contextualize the articles included in …

The Biologics Price Competition And Innovation Act 10--A Stocktaking, Yaniv Heled

Texas A&M Journal of Property Law

On March 23, 2010, President Obama signed into law the Biologics Price Competition and Innovation Act (BPCIA) as part of the Patient Protection and Affordable Care Act (“Obamacare”). The purpose of BPCIA was to create for biologics a regime similar to that of the Drug Price Competition and Patent Term Restoration Act (Hatch–Waxman Act) and, in so doing, to open biologics markets to competition and, subsequently, lower the price of these expensive and increasingly important pharmaceuticals. Using original data, this Essay takes stock of the decade that has passed since the enactment of BPCIA. This Essay surveys the state of …

The Problem Of Recourse To Arbitration In Intellectual Property Disputes Within National Laws: Comparative Study On Patent, Trademark And Copyright Disputes, Mahmoud Ismail Abu Turabi

UAEU Law Journal

This study tries to answer the following question: could the intellectual property rights being a subject of arbitration in case of dispute? To answer the question, we need to study the legal nature of the intellectual property and the legal basic to get protection. It is a comparative study between Jordanian law and French law.

So You Want To Be An Author: A Comparative Analysis Of The Authorial Rights Awarded To Performers, Daniel Gomez

St. John's Law Review

(Excerpt)

In his classic 1980 song “On the Road Again,” Willie Nelson articulates that “the life [he] love[s] is making music with [his] friends.” This affinity for the life of a traveling performer likely has little to do with his authorial rights under the Copyright Act. However, as this Note demonstrates, Mr. Nelson indeed benefited from favorable authorial rights when compared to other types of performers, beyond the rights he acquired as the song’s writer. Specifically, the current law around the default authorial rights of performers provides greater protection to performers of sound recordings than it affords to visual and …

Nothing Is Inevitable: A Rejection Of The Inevitable Disclosure Doctrine Under The Defend Trade Secrets Act, Jacqueline R. Mancini

St. John's Law Review

(Excerpt)

Until June 2013, Manish Desai worked for Molon Motor and Coil Corporation (“Molon”) as Head of Quality Control. In June of that year, Desai left Molon to take a position with a competitor of Molon, Nidec Motor Corporation (“Nidec”). Molon brought suit against Nidec for trade secret misappropriation and alleged that Desai copied confidential information onto a flash drive before his departure. Based on these allegations, Molon argued not only that Desai unlawfully disclosed its trade secrets but also that “Nidec used and continues to use that information.” Molon brought suit under the federal Defend Trade Secrets Act and …

Maximizing Intellectual Property: Optimality, Synchronicity, And Distributive Justice, David Blankfein-Tabachnick

St. John's Law Review

(Excerpt)

This Article addresses the distributive structure of intellectual property and innovation policy and the foundational role it plays in distributive justice. Distributive accounts of law are undergoing a renaissance; an unprecedented paradigm shift away from the wealth-maximizing approach to law and legal theory and toward a distributive view. In line with this shift, this Article breaks new ground in providing a needed framework for a distributive theory of intellectual property law and innovation policy and articulates an appealing, egalitarian alternative to wealth- or welfare-maximizing accounts of intellectual property and innovation policy. In doing so, this Article diagnoses and serves …

Indoor Rock Climbing: The Nuts And Bolts Of Routesetting Copyright Protection Post-Star Athletica, Julie Tamerler

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

From Conceptualization To Implementation: Fair Assessment Of Research Data Objects, Anusuriya Devaraju, Mustapha Mokrane, Linas Cepinskas, Robert Huber, Patricia Herterich, Jerry De Vries, Vesa Akerman, Hervé L’Hours, Joy Davidson, Michael Diepenbroek

Copyright, Fair Use, Scholarly Communication, etc.

Funders and policy makers have strongly recommended the uptake of the FAIR principles in scientific data management. Several initiatives are working on the implementation of the principles and standardized applications to systematically evaluate data FAIRness. This paper presents practical solutions, namely metrics and tools, developed by the FAIRsFAIR project to pilot the FAIR assessment of research data objects in trustworthy data repositories. The metrics are mainly built on the indicators developed by the RDA FAIR Data Maturity Model Working Group. The tools’ design and evaluation followed an iterative process. We present two applications of the metrics: an awareness-raising self-assessment tool …

Towards An Integrated Legal System For The International Registration Of Trademarks In Gcc Countries: A Study In The Light Of The Recent Amendment To The Madrid System On 31 October 2015, Ahmed Makhlouf Jr

UAEU Law Journal

The international registration of trademark is of great importance, as it is protected in all countries of the world.

The Madrid System ensured that international registration of the trademark was facilitated through the World Intellectual Property Organization (WIPO). Offering many benefits to brand owners. Instead of submitting an internal application for the registration of the mark in each individual country in accordance with different local and regional rules and regulations and paying different fees, the system ensures registration of the mark once a single application has been submitted to the International Bureau of the World Intellectual Property Organization For its …

Property And Intellectual Property In Vaccine Markets, Ana Santos Rutschman

Texas A&M Journal of Property Law

As biopharmaceutical forms of technology, vaccines constitute one of the most important tools for the promotion and maintenance of public health. Tolstoy famously wrote that “[h]appy families are all alike; every unhappy family is unhappy in its own way.” Vaccine markets offer perhaps one of the most extreme embodiments of Tolstoy’s principle in the field of biopharmaceutical innovation.

Vaccines are often described as one of the most unprofitable types of biopharmaceutical goods, under-incentivized from a research and development (“R&D”) perspective, and routinely failing to attract sufficient investment from traditional funders in biopharma. In this sense, and despite the scientifically well-established …

The Open Covid Pledge: Design, Implementation And Preliminary Assessment Of An Intellectual Property Commons, Jorge L. Contreras

Utah Law Faculty Scholarship

Early during the COVID-19 pandemic, a number of widely-publicized incidents gave rise to concerns that holders of patents and other intellectual property (IP) rights could hinder the development, manufacture and distribution of essential medical devices, protective equipment and biomedical products. The global response to these concerns was swift and included the issuance of compulsory licensing orders by several national governments, as well as the proposal of a technology pool by the World Health Organization (WHO). Alongside these efforts, a group of scientific, engineering and legal experts created a lightweight, open framework under which IP holders could voluntarily pledge not to …

Judging Patents, Sapna Kumar

William & Mary Law Review

Patent litigation is regarded as the “neurosurgery of litigation.” To adjudicate these cases, judges must grasp complex technology underlying the claims at issue, notwithstanding the fact that many judges lack relevant science or technology backgrounds. This problem is compounded by the fact that judges generally lack access to neutral expertise, forcing them to rely upon party-hired experts for tutorials. By contrast, several European patent courts utilize technically qualified judges who work side by side with their legally trained counterparts to decide patent cases. The integration of technical expertise into the judiciary improves the speed of litigation, provides the court with …

The Extent To Which The Recitation Of The Holy Quran Is Protected According To The Law Of Copyright And Neighboring Rights And The Nature Of The Pertinent Right: Study Under The Jordanian And The Emirati Laws, Firas Kasassbeh

UAEU Law Journal

This study examines to which extent the reciting of the holy Quran is protected by the copyright and neighboring rights laws and the nature of the Quranic reader’s right according to Jordanian & UAE copyright laws. At the judicial and jurisprudential levels, this issue is still controversial. Such controversy may refer to the legislative ambiguity surrounding this issue, which agitates the debate over whether there is innovation in the recitation of the holy Quran.

The study showed that there is innovation in the recitation of the holy Quran. This innovation appears through the distinguished style of the recitation and the …

A Review Of Open Research Data Policies And Practices In China, Lili Zhang, Robert R. Downs, Jianhui Li, Liangming Wen, Chengzan Li

Copyright, Fair Use, Scholarly Communication, etc.

This paper initially conducts a literature review and content analysis of the open research data policies in China. Next, a series of exemplars describe data practices to promote and enable the use of open research data, including open data practices in research programs, data repositories, data journals, and citizen science. Moreover, the top four driving forces are identified and analyzed along with their responsible guiding work. In addition, the “landscape of open research data ecology in China” is derived from the literature review and from observations of actual cases, where the interaction and mutual development of data policies, data programs, …

The Extent Of Application Of The General Rules For The Protection Of Intellectual Works Stored Through Cloud Computing: A Study In Uae Legislation, Alaa Khasawneh

UAEU Law Journal

This research focuses on the most important legal problems raised by cloud computing services and its applications, especially the protection of content stored through these applications. Some legislations have organized these risks with special laws relating to personal data. The study concluded that the Emirati legislator should trait the legal aspects of cloud computing and create its own legal framework.

Keywords: Cloud computing, intellectual property, terms of service.

Library Of Congress [Docket No. 2021-1] Announcement Of Copyright Public Modernization Committee, Carla D. Hayden

Copyright, Fair Use, Scholarly Communication, etc.

Action: Notice of convening of IT modernization public stakeholder committee.

Summary: The Library of Congress is convening a public committee to enhance communication and provide a public forum for the technology-related aspects of the U.S. Copyright Office's modernization initiative. At this time, the Library is announcing that it will accept applications from qualified members of the public to serve on this committee. The scope of contributions made by the committee are limited to the specific topics set forth in this notice. Membership will be on a volunteer basis, with the expectation of in-person or virtual participation at two open forums …