Getting Beyond Abstract Confusion: How The United Kingdom's Jurisprudence Can Aid In Developing An Analytic Framework For Patent-Eligibility In Light Of Alice V. Cls Bank,
2014
University of Washington School of Law
Getting Beyond Abstract Confusion: How The United Kingdom's Jurisprudence Can Aid In Developing An Analytic Framework For Patent-Eligibility In Light Of Alice V. Cls Bank, Brendon Beheshti
Washington Journal of Law, Technology & Arts
This Article advocates consideration of the United Kingdom’s jurisprudence as persuasive authority for implementation of a new framework for analysis of subject matter eligibility of computer-implemented inventions in light of the United States Supreme Court’s ruling in Alice Corp. v. CLS Bank International. The U.K.’s patent jurisprudence provides a more developed and clear analytic framework that conforms to the policy objectives of Alice, while also avoiding the conceptual problem of determining what is “abstract.” The result is a more useful and concrete analytic framework that also reduces conflicts of laws, and thus can help spur innovation across the …
Copyright, Fair Use, And Author Rights,
2014
University of Nebraska - Lincoln
Copyright, Fair Use, And Author Rights, Sue Ann Gardner
University of Nebraska-Lincoln Libraries: Presentations
From the promotional flyer for this talk:
Copyright is a battlefield, and an author's control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish.
In this session, you will learn more about U.S. Copyright Law, authors' rights, fair use, and protecting your intellectual property. You will learn how to make copyright law …
Retroactivity At The Federal Circuit,
2014
IIT Chicago-Kent College of Law
Retroactivity At The Federal Circuit, David L. Schwartz
Indiana Law Journal
A substantial subset of patent opinions from the Federal Circuit Court of Appeals functions in a wholly different manner from ordinary judicial opinions: they have strong retroactive effects with weak prospective effects. All Federal Circuit opinions have strong retroactive effects because issued patents and pending applications rarely can be modified. The Federal Circuit decisions apply in full to these patents and applications, even though they were prepared without the benefit of the rulings. In contrast, many of these opinions have almost no prospective effects. Patent law provides tremendous linguistic flexibility to patent drafters, which can be used to avoid the …
Keep Your Friends Close: A Framework For Addressing Rights To Social Media Contacts,
2014
Vanderbilt University Law School
Keep Your Friends Close: A Framework For Addressing Rights To Social Media Contacts, Courtney J. Mitchel
Vanderbilt Law Review
A group of entrepreneurial recent college graduates starts a tutoring and test prep company focused on helping promising high school students get an edge on their college applications. Since the cost of print advertising exceeds the group's budget, they each actively promote the business on their personal social media accounts, garnering their first clients. They also create company accounts on Facebook, Linkedln, and Twitter, which clients join for easy, direct communication and quick access to information. Though all the founders contribute occasional posts and encourage their personal social media contacts to join the company accounts, one eventually becomes, in practice …
Climate Change, Technology Transfer And Intellectual Property: Options For Action At The Unfccc,
2014
University of Dayton
Climate Change, Technology Transfer And Intellectual Property: Options For Action At The Unfccc, Dalindyebo Shabalala
School of Law Faculty Publications
In his dissertation, the author examines the issue of whether intellectual property poses a barrier to technology transfer to address climate change and if so, what policymakers should do at the multilateral level. The book refocuses the question away from empirical approaches toward the key question of the legal capacity of developing countries to prospectively restructure their economies to access technologies and move up the technology value chain. It concludes with a set of recommendations for action at the United Nations Framework Convention on Climate Change.
The author defended his dissertation Oct. 15, 2014, at Maastricht University in the Netherlands. …
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot,
2014
University of Baltimore School of Law
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, Gregory Dolin
All Faculty Scholarship
As the recent case of United States v. Lundbeck illustrates, the Federal Trade Commission’s lack of knowledge in medical and pharmacological sciences affects its evaluation of transactions between medical and pharmaceutical companies that involve transfers of rights to manufacture or sell drugs, causing the agency to object to such transactions without solid basis for doing so. This article argues that in order to properly define a pharmaceutical market, one must not just consider the condition that competing drugs are meant to treat, but also take into account whether there are “off-label” drugs that are used to treat a relevant condition, …
On Patenting Human Organisms Or How The Abortion Wars Feed Into The Ownership Fallacy,
2014
Georgia State University College of Law
On Patenting Human Organisms Or How The Abortion Wars Feed Into The Ownership Fallacy, Yaniv Heled
Cardozo Law Review
The idea of ominous technologies that put human individuals or parts of their bodies under someone else's control has been stirring emotions and terrifying people for centuries. It was a recent offshoot of this idea - the notion of "patenting humans" - that mobilized certain members of Congress to pass legislation prohibiting the issuance of patent claims "directed to or encompassing a human organism." The values underlying this legislation may well have been agreeable, even admirable. Yet, the actual motivation for it was misguided; its execution, deeply flawed; its potential outcomes, hazardous.
This Article reviews the history and background of …
Improving Patent Quality With Applicant Incentives,
2014
Notre Dame Law School
Improving Patent Quality With Applicant Incentives, Stephen Yelderman
Journal Articles
This Article offers an alternative approach to the widely recognized problem of low-quality patents being granted by the patent office. Traditional reforms have focused almost exclusively on making the patent office more effective at examination. This Article instead looks at patent quality from an applicant’s perspective, and evaluates how certain patent rules might be encouraging inventors to file higher or lower quality claims. It proposes a variety of reforms to take advantage of applicants’ existing interests in obtaining patents that are both broad enough to create infringing activity and narrow enough to be valid. The result is a distinctive set …
Copyright’S Mercantilist Turn,
2014
Texas A&M University School of Law
Copyright’S Mercantilist Turn, Glynn S. Lunney Jr
Faculty Scholarship
Over the last twenty years, arguments for broader copyright have taken an increasingly mercantilist turn. Unable to establish that broader copyright will lead to more or better original works, as the Constitution and the traditional economic framework require, proponents have begun arguing for broader copyright on the basis of revenue and jobs. Rampant unauthorized copying is theft or piracy, proponents insist, depriving copyright owners of revenue and destroying jobs. Whether or not it leads to more or better works, broader copyright will increase revenue to copyright owners and thus increase employment in the copyright industries. This increased employment, on its …
Don't Tread On Me: The Need For An Alternate Dispute Resolution Process For The Creators And Uploaders Of User-Generated Content,
2014
Pepperdine University
Don't Tread On Me: The Need For An Alternate Dispute Resolution Process For The Creators And Uploaders Of User-Generated Content, Scott A. Tarbell
Pepperdine Dispute Resolution Law Journal
This article analyzes the current position that UGC site users find themselves in relation to their ability to dispute copyright infringement claims. Part II discusses the introduction and purpose of the DMCA along with the statutory provisions and case law relevant to the subject. Part III covers the underlying issues encumbering the current appeals process for the OSPs as dictated under the DMCA, and why changes are required. Part IV advocates for a new dispute process, one in favor of online alternative dispute resolution (OADR), and explains how this new paradigm would produce more equitable results for UGC site users. …
"Whose" Game Is It? Sports-Wagering And Intellectual Property,
2014
Villanova University Charles Widger School of Law
"Whose" Game Is It? Sports-Wagering And Intellectual Property, Ryan M. Rodenberg, Anastasios Kaburakis, John T. Holden
Villanova Law Review (1956 - )
No abstract provided.
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws,
2014
University of Georgia School of Law
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Georgia Journal of International & Comparative Law
No abstract provided.
Exhaustion Of Trademark Rights Beyond The European Union In Light Of Silhouette International Schmied V. Hartlauer Handelsgesellschaft: Toward Stronger Protection Of Trademark Rights And Eliminating The Gray Market,
2014
University of Georgia School of Law
Exhaustion Of Trademark Rights Beyond The European Union In Light Of Silhouette International Schmied V. Hartlauer Handelsgesellschaft: Toward Stronger Protection Of Trademark Rights And Eliminating The Gray Market, Lisa Harlander
Georgia Journal of International & Comparative Law
No abstract provided.
Inventing Around Copyright,
2014
Northwestern Pritzker School of Law
Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States,
2014
University of Georgia School of Law
Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
Which Patent Systems Are Better For Inventors?,
2014
Boston University School of Law
Which Patent Systems Are Better For Inventors?, James Bessen, Grid Thoma
Faculty Scholarship
International comparisons of patent systems are essential to harmonization treaties and to analyze economic growth. Yet these comparisons often rely on little but conventional wisdom. This paper develops an empirical method to compare the economic strength and quality of patent systems by using renewal analysis of matched patents in different countries (same patent family). Comparing patents on the same inventions filed at the EPO for Germany and in the US, we find that the German patents generate substantially greater market power than their US equivalents, especially for small inventors. Also, the average US patent has relatively lower economic value (“quality”).
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility,
2014
Michigan State University College of Law
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Georgia Journal of International & Comparative Law
No abstract provided.
A Globally Sustainable Right To Land: Utilizing Real Property To Protect The Traditional Knowledge Of Indigenous Peoples And Local Communities,
2014
University of Georgia School of Law
A Globally Sustainable Right To Land: Utilizing Real Property To Protect The Traditional Knowledge Of Indigenous Peoples And Local Communities, Jennifer Lynn Zweig
Georgia Journal of International & Comparative Law
No abstract provided.
Who's Virus Is It Anyway? How The World Health Organization Can Protect Against Claims Of "Viral Sovereignty",
2014
University of Georgia School of Law
Who's Virus Is It Anyway? How The World Health Organization Can Protect Against Claims Of "Viral Sovereignty", Jason Carter
Georgia Journal of International & Comparative Law
No abstract provided.
The Globalization Of Intellectual Property Rights: Trips, Bits, And The Search For Uniform Protection,
2014
Briggs and Morgan, P.A.
The Globalization Of Intellectual Property Rights: Trips, Bits, And The Search For Uniform Protection, Alan M. Anderson, Bobak Razavi
Georgia Journal of International & Comparative Law
No abstract provided.
