Navigating The Minefield Of Trade Secrets Protection In China,
2014
Vanderbilt University Law School
Navigating The Minefield Of Trade Secrets Protection In China, Daniel C.K. Chow
Vanderbilt Journal of Transnational Law
Many Multinational Companies (MNCs) now consider trade secrets to be the most important intellectual property right in China, ahead of patents, trademarks, and copyrights. While trade secrets have become more valuable than ever as a business asset in China, many MNCs also find that the protection of trade secrets in China is full of pitfalls and traps. Unlike in the case of patents, trademarks, and copyrights, China has no unified law governing trade secrets, but has disjointed provisions scattered throughout various laws. The pitfalls are also created by a high evidentiary burden in proving a theft of a trade secret …
Congress As A Catalyst Of Patent Reform At The Federal Circuit,
2014
S.J. Quinney College of Law, University of Utah
Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson
Utah Law Faculty Scholarship
The U.S. Court of Appeals for the Federal Circuit is the dominant institution in patent law. The court’s control over patent law and policy has led to a host of academic proposals to shift power away from the court and towards other institutions, including the U.S. Supreme Court, the U.S. Patent and Trademark Office, and federal district courts. Surprisingly, however, academics have largely dismissed Congress as a potential institutional check on the Federal Circuit. Congress, it is felt, is too slow, too divided, and too beholden to special interests to effectively monitor changes in innovation and respond with appropriate reforms. …
The Marrakesh Puzzle,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Marrakesh Puzzle, Marketa Trimble
Scholarly Works
This article analyzes the puzzle created by the 2013 Marrakesh Treaty in its provisions concerning the cross-border exchange of copies of copyrighted works made for use by persons who are “blind, visually impaired, or otherwise print disabled” (copies known as “accessible format copies”). The analysis should assist executive and legislative experts as they seek optimal methods for implementing the Treaty. The article provides an overview of the Treaty, notes its unique features, and examines in detail its provisions on the cross-border exchange of accessible format copies. The article discusses three possible sources for implementation tools – choice of law rules, …
Food Art: Protecting "Food Presentation" Under U.S. Intellectual Property Law,
2014
Alexander Blewett III School of Law at the University of Montana
Food Art: Protecting "Food Presentation" Under U.S. Intellectual Property Law, Cathay Y. N. Smith
Faculty Law Review Articles
In 2006, a scandal broke in the culinary world. It was alleged that Robin Wickens, chef at (now closed) Interlude restaurant in Melbourne, Australia, had copied dishes by renowned American chefs Wylie Dufresne, Jose Andres, and Grant Achatz. It is not uncommon for chefs to borrow recipes from other chefs, and there has been a long culture of sharing in the cuisine industry. However, what made Wickens’ actions scandalous was that he had purportedly copied the artistic presentation and plating of other chefs’ dishes, not just their recipes. This Article examines whether chefs can protect the artistic presentation or plating …
Atteinte À La Vie Privée Et Publicité Comportementale,
2014
Schulich School of Law, Dalhousie University
Atteinte À La Vie Privée Et Publicité Comportementale, Virginie Blanchette-Séguin
Canadian Journal of Law and Technology
Le présent texte aura pour objet les questions relatives à la vie privée que soulève la publicité comportementale et le suivi des activités des individus qu’elle implique par définition. Pour ce faire, nous délimiterons d’abord le spectre du droit à la vie privée en droit québécois dans ce contexte (I.) et nous poursuivrons selon une approche plus critique en nous prononçant sur les différents arguments pouvant être soulevés quant à l’absence d’une perception humaine dans une violation potentielle du droit à la vie privée (II.)
Fan Fiction And Canadian Copyright Law: Defending Fan Narratives In The Wake Of Canada's Copyright Reforms,
2014
Schulich School of Law, Dalhousie University
Fan Fiction And Canadian Copyright Law: Defending Fan Narratives In The Wake Of Canada's Copyright Reforms, Rebecca Katz
Canadian Journal of Law and Technology
Amateur, non-commercial writing based on contemporary copyrighted works — “fan fiction” — is a practice that is worth defending despite its unclear status vis a vis copyright law. In this article, I assess how Canadian fan authors may defend their works using Canadian copyright law. I argue that the recent copyright reforms are promising for fan and other second generation creators. The new fair dealing categories of parody and satire are positive steps, though the broad and technologically neutral non-commercial user-generated content provi-sion may be the most promising reform of all. I begin with an exploration of the benefits of …
Concurrent Damages,
2014
Columbia Law School
Concurrent Damages, Bert I. Huang
Faculty Scholarship
Imagine that a hacker is working for a university official secretly spying on faculty members – say, to find out who has been leaking information to the press about internal disciplinary matters. The injuries to a given victim of the hacking might follow a classic learning curve: The first few intrusions into her e-mail account reveal a storehouse of personal secrets, but further break-ins yield less and less new information. One might say there is diminishing marginal harm.
There is no such leveling off, however, in the compensation that would be awarded to that victim. The electronic privacy law …
Why Restate The Bundle? The Disintegration Of The Restatement Of Property,
2014
Columbia Law School
Why Restate The Bundle? The Disintegration Of The Restatement Of Property, Thomas W. Merrill, Henry E. Smith
Faculty Scholarship
The American Law Institute (ALI) has devoted a great deal of time and energy to restating the law of property. To date, the ALI has produced 17 volumes that bear the name First, Second, or Third Restatement of Property. There is unquestionably much that is valuable in these materials. On the whole, however, the effort has been a disappointment. Some volumes seek faithfully to restate the consensus view of the law; others are transparently devoted to law reform. The ratio of reform to restatement has increased over time, to the point where significant portions of the Third Restatement …
Small Fry In Copyright Litigation,
2014
University of Richmond - School of Law
Small Fry In Copyright Litigation, James Gibson
Law Faculty Publications
In two of my earlier entries in this series, I discussed the results of an empirical study of copyright cases that I have been doing with my colleague Chris Cotropia. One of those entries focused on how hard the parties in copyright lawsuits fightagainst each other, and the other focused on the role of major media companies in copyright litigation.
In this entry, I will continue to talk about the parties that we observed in our study, but instead of discussing major media companies, I will concentrate on the other end of the spectrum: the individual as a party. This …
The Protection Of Geographical Indications In The Inter-American Convention,
2014
American University Washington College of Law
The Protection Of Geographical Indications In The Inter-American Convention, Christine Farley
Scholarly Articles in Law Reviews & Journals
The international community is currently deeply divided over the appropriate level of protection for Geographical Indications (“GIs”). This conflict has recently come to a head in the negotiations over the Transatlantic Trade and Investment Partnership Agreement (TTIP). GIs receive extensive protections within the European Union (EU) that go beyond international standards, while the United States is generally opposed to strengthening existing international GI protections. Given its current stance, it is remarkable that the US has since 1929 been bound by a little known international convention that ensures strong protection of GIs. Since that date, the US has been a member …
Patent Dialogue,
2014
American University Washington College of Law
Patent Dialogue, Jonas Anderson
Scholarly Articles in Law Reviews & Journals
This Article examines the unique dialogic relationship that exists between the Supreme Court and Congress concerning patent law. In most areas of the law, Congress and the Supreme Court engage directly with each other to craft legal rules. When it comes to patent law, however, Congress and the Court often interact via an intermediary institution: the U.S. Court of Appeals for the Federal Circuit. In patent law, dialogue often begins when Congress or the Supreme Court acts as a dialogic catalyst, signaling reform priorities to which the Federal Circuit often responds.
Appreciating the unique nature of patent dialogue has important …
Pinterest And Copyright's Safe Harbors For Internet Providers,
2014
American University Washington College of Law
Pinterest And Copyright's Safe Harbors For Internet Providers, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
Has the time come to substantially revise the Copyright Act to better adapt the law to the ever-evolving digital environment? A number of influential sources appear to think so. If their initiatives gain momentum, it will be important to consider lessons learned from the first such effort fifteen years ago when Congress made far-reaching changes to copyright law by extending the term of copyright for twenty years and by enacting a package of reform proposals known as the Digital Millennium Copyright Act (“DMCA”). This Article intertwines the story of one important provision of the DMCA - safe harbors for Internet …
Congress As A Catalyst Of Patent Reform At The Federal Circuit,
2014
American University Washington College of Law
Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson
Scholarly Articles in Law Reviews & Journals
The U.S. Court of Appeals for the Federal Circuit is the dominant institution in patent law. The court’s control over patent law and policy has led to a host of academic proposals to shift power away from the court and towards other institutions, including the U.S. Supreme Court, the U.S. Patent and Trademark Office, and federal district courts. Surprisingly, however, academics have largely dismissed Congress as a potential institutional check on the Federal Circuit. Congress, it is felt, is too slow, too divided, and too beholden to special interests to effectively monitor changes in innovation and respond with appropriate reforms. …
More Than The Sum Of All Parts: Taking On Ip And It Theft Through A Global Partnership,
2014
American University Washington College of Law
More Than The Sum Of All Parts: Taking On Ip And It Theft Through A Global Partnership, Andrew F. Popper
Scholarly Articles in Law Reviews & Journals
The core of this Article describes some of the efforts, both within and outside the United States, to control the epidemic of intellectual property and information technology (IP and IT) theft. Those engaged in the battle include prosecutors and judges, individuals and trade associations, and politicians and policymakers from all points on the political spectrum. And yet, even with so many forces working to stem the tide, the losses are staggering.
An innovator with the potential to change his or her future as well as the prosperity of the surrounding economy, whether in Kentucky or Kinshasa, will be dissuaded from …
The Protection Of Geographical Indications In The Inter-American Convention,
2014
American University Washington College of Law
The Protection Of Geographical Indications In The Inter-American Convention, Christine Haight Farley
Scholarly Articles in Law Reviews & Journals
The international community is currently deeply divided over the appropriate level of protection for Geographical Indications (“GIs”). This conflict has recently come to a head in the negotiations over the Transatlantic Trade and Investment Partnership Agreement (TTIP). GIs receive extensive protections within the European Union (EU) that go beyond international standards, while the United States is generally opposed to strengthening existing international GI protections.
Given its current stance, it is remarkable that the US has since 1929 been bound by a little known international convention that ensures strong protection of GIs. Since that date, the US has been a member …
Stabilizing Morality In Trademark Law,
2014
American University Washington College of Law
Stabilizing Morality In Trademark Law, Christine Haight Farley
Scholarly Articles in Law Reviews & Journals
Almost all of the commentary concerning the statutory prohibition on registering offensive trademarks lambasts it as a misguided attempt to enforce civility through trademark law. This Article carefully considers the challenges accompanying section 2(a) of the U.S. Trademark Act and defends it as good policy. There are, however, a few instances in which the jurisprudence under section 2(a) has created more problems than it has solved. To alleviate these problems, this Article proposes judging words per se and abandoning the traditional trademark notion of evaluating words in context. Judging words per se is warranted given the very different objectives underlying …
Trips-Plus Trade And Investment Agreements: Why More May Be Less For Economic Development,
2014
American University Washington College of Law
Trips-Plus Trade And Investment Agreements: Why More May Be Less For Economic Development, Christine Farley
Scholarly Articles in Law Reviews & Journals
Conventional wisdom -- but not empirical research -- maintains that strong intellectual property (“IP”) rights trigger not only foreign direct investment, but also local innovation. Thus investors seek, and developing countries compete to offer, the highest levels of IP protections. But evaluating the level of IP protection in any given country has become increasingly complex. A proliferation of bilateral agreements, such as free trade agreements (“FTAs”) and bilateral investment treaties (“BITs”), intended to enhance the minimum standards set forth in The Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS”), have created uncertainty about precisely what IP protections are …
The Natural Complexity Of Patent Eligibility,
2014
New York Law School
The Natural Complexity Of Patent Eligibility, Jacob S. Sherkow
Articles & Chapters
It has long been assumed that the doctrine of patent eligibility’s prohibition of patents on “laws of nature,” “natural phenomena,” and “products of nature” rests on legalistic interpretations of those terms. But there is good reason to doubt this assumption. Since the doctrine’s inception, the Supreme Court has yet to provide any framework, formula, or factors explaining these “natural” terms. Rather, the Court has increasingly fixated on a list of scientific tropes, such as gravity, the heat of the Sun, and extracted metals, that it believes are true examples of “natural laws,” “phenomena,” and “products.”
An actual examination of scientific …
Preliminary Injunctions Post-Mayo And Myriad,
2014
New York Law School
Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow
Articles & Chapters
The Supreme Court's recent interest in patentable subject matter has had several, unexpected downstream effects on preliminary injunctions in patent disputes.
The Supreme Court has recently expressed increased interest in patent eligibility, or patentable subject matter, the doctrine that limits the types of inventions eligible for patenting. Its two decisions, Mayo Collaborative Services v. Prometheus Laboratories, Inc., in 2012, and Association for Molecular Pathology v. Myriad Genetics, Inc., in 2013, represented the first broad restrictions on patentable subject matter in over thirty years. And later this term, the Court will decide yet another patent eligibility case: Alice Corp. v. CLS …
The Economics And Sociality Of Sharing Intellectual Property Rights,
2014
University of Oklahoma College of Law
The Economics And Sociality Of Sharing Intellectual Property Rights, Eric E. Johnson
Faculty Articles
Intellectual property law assumes that people need monetary incentives to create; to this end, it enables the formation of markets for intellectual works. Remarkably, however, sharing — i.e., socially mediated gifting without any expectation of payment — may work much better than markets for distributing the bulk of intellectual property. This Article explains why. While markets work by using money as the medium of exchange, money is actually a poor incentive for creative labors. Emerging research shows that payment in the currency of gratitude and social validation is a far more effective form of encouragement, and it is something sharing …
