Signs And Portents In Cyberspace: The Rise Of Jus Internet As New Order In International Law,
2013
St. Thomas University - School of Law
Signs And Portents In Cyberspace: The Rise Of Jus Internet As New Order In International Law, Roy Balleste, Joanna Kulesza
Fordham Intellectual Property, Media and Entertainment Law Journal
Today, having sufficient access to the Internet's information has arguably become a prerequisite for the enjoyment of human life. The Internet has become a center for human literacy and has the potential to offer numerous kinds of instruction at lower costs and with higher quality than previous media could offer. This Article will argue that the concept of a "cybered Westphalian age," as a cure to all threats in the Internet, has the potential to do more harm than good. The international community is now faced with a possible policy shift from the current state of the Internet, which is …
Navigating Unfamiliar Terrain: Reconciling Conflicting Impressions Of China’S Intellectual Property Regime In An Effort To Aid Foreign Right Holders,
2013
Fordham University School of Law
Navigating Unfamiliar Terrain: Reconciling Conflicting Impressions Of China’S Intellectual Property Regime In An Effort To Aid Foreign Right Holders, Matthew A. Marcucci
Fordham Intellectual Property, Media and Entertainment Law Journal
While imperial China was a notably inventive place, formal intellectual property protections analogous to those in the West failed to emerge there of their own accord. The deep influence of Confucianism on imperial Chinese society brought about a culture that subordinated individual desires to group harmony and perceived original creations as products not of individual people but of the society to which they belonged. Moreover, Confucianism's influence on education and literature rendered verbatim copying not merely an accepted practice but a fundamental aspect of scholarship. Buddhism's close connection to the emergence of printing in China also served to delay by …
The Supreme Court And Patents: Moving Toward A Postmodern Vision “Progress”?,
2013
Wake Forest University School of Law
The Supreme Court And Patents: Moving Toward A Postmodern Vision “Progress”?, Simone A. Rose
Fordham Intellectual Property, Media and Entertainment Law Journal
This paper challenges the traditional “modernist” view that incentive-centered patent protection is essential to meet the constitutional mandate of providing exclusive rights for limited times to inventors in order to “promote progress of the useful Arts.” For a modernist society, industrial/economic growth is one of the key dimensions for measuring forward-moving progress. As modernists, we advocate that a robust exclusive rights scheme for inventors is necessary to incentivize research anddevelopment, which in turn stimulates economic growth and promotes progress. This is currently the “grand narrative” of patent law. Applying this narrative, Congress, the Patent and Trademark Office (PTO), and the …
Reexamining Two Pesos, Qualitex, & Wal-Mart: A Different Approach…Or Perhaps Just Old Abercrombie Wine In A New Bottle?,
2013
New England Law Boston
Reexamining Two Pesos, Qualitex, & Wal-Mart: A Different Approach…Or Perhaps Just Old Abercrombie Wine In A New Bottle?, Russ Versteeg
Fordham Intellectual Property, Media and Entertainment Law Journal
In Wal-Mart Stores, Inc. v. Samara Bros., Inc., 529 U.S. 205 (2000), the United States Supreme Court held that, in order for a product design to be protectable under § 43(a) of the Lanham Act, the product design must first acquire a secondary meaning. Writing for the Court, Justice Scalia, reasoned that consumers, as a rule, do not expect a product’s design to serve as an indicator of source. The Court stated that product designs, like colors, do not ordinarily operate as source indicators, and that is why the Court established its rule that a product design must acquire a …
The Need For Patent-Centric Standard Of Antitrust Review To Evaluate Reverse Payment Settlements,
2013
Fordham University School of Law
The Need For Patent-Centric Standard Of Antitrust Review To Evaluate Reverse Payment Settlements, Tania Khatibifar
Fordham Intellectual Property, Media and Entertainment Law Journal
Reverse payment settlements have ignited a firestorm debate among all affected parties: consumer groups, brand-name pharmaceutical companies, generic manufacturers, pharmaceutical wholesalers and retailers, lawmakers, executive agencies, and the federal courts. The Federal Trade Commission (“FTC”) has waged a decade-long battle against such private settlements of pharmaceutical patent litigation as illegal market-sharing agreements, with skirmishes among the circuits trending in favor of the settling parties until recently. The Third Circuit’s recent decision in In re K-Dur Antitrust Litigation unsettled this trend, and the Supreme Court granted the FTC’s petition for a writ of certiorari in a separate case on the issue …
Shutting Down The Turbine: How The News Industry And News Aggregators Can Coexist In A Post-Barclays V. Theflyonthewall.Com World,
2013
Fordham University School of Law
Shutting Down The Turbine: How The News Industry And News Aggregators Can Coexist In A Post-Barclays V. Theflyonthewall.Com World, Nicole Marimon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Reclaiming Copyright From The Outside In: What The Downfall Hitler Meme Means For Transformative Works, Fair Use, And Parody,
2013
University of Arkansas at Little Rock
Reclaiming Copyright From The Outside In: What The Downfall Hitler Meme Means For Transformative Works, Fair Use, And Parody, Aaron Schwabach
Law Faculty Scholarship
¶Continuing advances in consumer information technology have made video editing, once difficult, into a relatively simple matter. The average consumer can easily create and edit videos, and post them online. Inevitably many of these posted videos incorporate existing copyrighted content, raising questions of infringement, derivative versus transformative use, fair use, and parody.¶ ¶This article looks at several such works, with its main focus on one category of examples: the Downfall Hitler meme. Downfall Hitler videos take as their starting point a particular sequence - Hitler's breakdown rant - from the 2004 German film Der Untergang [Downfall in the US]. The …
Apple V. Samsung: Design Protection And Consumers,
2013
Pace University
Apple V. Samsung: Design Protection And Consumers, Nidhi Garg
Pace Intellectual Property, Sports & Entertainment Law Forum
Nidhi Garg writes an article about how design patent protection affects product lines and the average consumer. The analysis is done in light of the case between Apple and Samsung over patents relating to iPhones and iPads. The article focuses on design patent protection and how it has evolved over history. After an analysis of the laws, regulation, and case law related to design patents the article describes how consumers are affected by such changes. More particularly, how overreaching design patent protection may improve product lines and/or decrease innovation and product selection.
When Copyright Can Kill: How 3d Printers Are Breaking The Barriers Between “Intellectual” Property And The Physical World,
2013
Pace University School of Law
When Copyright Can Kill: How 3d Printers Are Breaking The Barriers Between “Intellectual” Property And The Physical World, Matt Simon
Pace Intellectual Property, Sports & Entertainment Law Forum
This article examines copyright’s applicability to 3D printing technology, by analyzing the facts surrounding the (formerly) proposed development of a fully 3D printable firearm. Critical to this analysis however, is an understanding of how copyright has traditionally protected intellectual property, and why 3D printers do not fit into this conventional framework. As 3D printing is advancing at an extraordinarily rapid rate, any discussion of this topic would be incomplete without reference to the “moving target” that is 3D printing technology. In the short time between when this article was initially submitted for evaluation to the PIPSELF Law Forum in December …
Fifty Shades Of Transformation,
2013
Pace University School of Law
Fifty Shades Of Transformation, Danielle Meeks
Pace Intellectual Property, Sports & Entertainment Law Forum
Danielle Meeks explores the recent trend of publishing fan fiction, brought to the forefront by the popularity of the Fifty Shades trilogy. Creating a work within another author's copyrighted fictional universe for profit is analyzed under the fair use doctrine and by comparing substantial similarities between Fifty Shades and the Twilight series to determine if the trilogy is transformative enough to survive a potential lawsuit.
Connecting Scientific Articles With Research Data: New Directions In Online Scholarly Publishing,
2013
Elsevier
Connecting Scientific Articles With Research Data: New Directions In Online Scholarly Publishing, Ijsbrand Jan Aalbersberg, Judson Dunham, Hylke Koers
Copyright, Fair Use, Scholarly Communication, etc.
Researchers across disciplines are increasingly utilizing electronic tools to collect, analyze, and organize data. However, when it comes to publishing their work, there are no common, well-established standards on how to make that data available to other researchers. Consequently, data are often not stored in a consistent manner, making it hard or impossible to find data sets associated with an article – even though such data might be essential to reproduce results or to perform further analysis. Data repositories can play an important role in improving this situation, offering increased visibility, domain-specific coordination, and expert knowledge on data management. As …
The General Revision Of The Copyright Law - From Bare Bones To Corpulence - A Partial Overview,
2013
Pepperdine University
The General Revision Of The Copyright Law - From Bare Bones To Corpulence - A Partial Overview, Andrew E. Katz
Pepperdine Law Review
No abstract provided.
The 1976 Copyright Revision Act And Authors' Rights: A Negative Overview,
2013
Pepperdine University
The 1976 Copyright Revision Act And Authors' Rights: A Negative Overview, Arthur Stanley Katz
Pepperdine Law Review
No abstract provided.
Corporate Power Unbound: Investor-State Arbitration Of Ip Monopolies On Medicines – Eli Lilly And The Tpp,
2013
Northeastern University School of Law
Corporate Power Unbound: Investor-State Arbitration Of Ip Monopolies On Medicines – Eli Lilly And The Tpp, Brook K. Baker
Joint PIJIP/TLS Research Paper Series
Free trade agreements (FTAs) and bilateral investment treaties (BITs) typically contain investment clauses designed to attract direct foreign investment and protect the interests of foreign investors. In addition to defining foreign investment that are entitled to protection, investment clauses typically allow for investor-state dispute resolution, which allows a foreign investor to launch arbitral proceeding directly against the offending government before a private panel of trade lawyers. This paper focuses first on a pro-investor draft investment chapter in an ongoing regional trade negotiation – the Trans-Pacific Partnership Agreement (TPP) - and second on the first investor-state arbitral claim ever by a …
Exclusivity Without Patents: The New Frontier Of Fda Regulation For Genetic Materials,
2013
University of Baltimore School of Law
Exclusivity Without Patents: The New Frontier Of Fda Regulation For Genetic Materials, Gregory Dolin
All Faculty Scholarship
Over the last twenty years, the legal and scientific academic communities have been embroiled in a debate about the patent eligibility of genetic materials. The stakes for both sides could not be higher. On one hand are the potential multi-billion dollar profits on the fruits of research (from newly discovered genes), and on the other is scientists' ability to continue and expand research into the human genome to improve patients' access to affordable diagnostic and therapeutic modalities. This debate is currently pending before the Supreme Court, which is considering a petition for certiorari in Ass'n for Molecular Pathology v. U.S. …
United States Response To Questionnaire Concerning Collective Management Of Rights,
2013
Columbia Law School, Kernochan Center for Law, Media and the Arts
United States Response To Questionnaire Concerning Collective Management Of Rights, June M. Besek, Philippa Loengard, Alexander T. White, Caitlin Giaimo, Idara Udofia
Kernochan Center for Law, Media, and the Arts
ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980's by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan.
How To Kill Copyright: A Brute-Force Approach To Content Creation,
2013
Cornell Law School, J.D. 2013
How To Kill Copyright: A Brute-Force Approach To Content Creation, Kirk Sigmon
Cornell Law Library Cantwell Prize for Exemplary Student Research Papers
No abstract provided.
The Meaning Of Science In The Copyright Clause,
2013
Brigham Young University Law School
The Meaning Of Science In The Copyright Clause, Ned Snow
BYU Law Review
The Constitution premises Congress's copyright power on promoting "the Progress of Science." The word Science therefore seems to define the scope of copyrightable subject matter. Modern courts and commentators have subscribed to an originalist view of Science, teaching that Science meant general knowledge at the time of the Framing. Under this interpretation, all subject matter may be copyrighted because expression about any subject increases society's store of general knowledge. Science, however, did not originally mean general knowledge. In this Article, I examine evidence surrounding the Copyright Clause and conclude that at the Framing of the Constitution, Science meant a system …
The Federal Circuit As A Federal Court,
2013
William & Mary Law School
The Federal Circuit As A Federal Court, Paul R. Gugliuzza
William & Mary Law Review
The U.S. Court of Appeals for the Federal Circuit has exclusive jurisdiction over patent appeals and, as a consequence, the last word on many legal issues important to innovation policy. This Article shows how the Federal Circuit augments its already significant power by impeding other government institutions from influencing the patent system. Specifically, the Federal Circuit has shaped patent-law doctrine, along with rules of jurisdiction, procedure, and administrative law, to preserve and expand the court's power in four interinstitutional relationships: the court's federalism relationship with state courts, its separation of powers relationship with the executive and legislative branches, its vertical …
The Changing Guard Of Patent Law: Chevron Deference For The Pto,
2013
William & Mary Law School
The Changing Guard Of Patent Law: Chevron Deference For The Pto, Melissa F. Wasserman
William & Mary Law Review
Whereas Congress has increasingly turned to administrative agencies to regulate complex technical areas, the patent system has remarkably remained an outlier. In the patent arena, the judiciary— not a federal agency—is perceived to be the most important expositor of substantive patent law standards. Yet, as the criticism toward the patent system has grown, so too have the challenges to this unusual power dynamic. The calls for institutional reform culminated in late 2011 with the enactment of the historic Leahy-Smith America Invents Act (AIA). Although scholars have recognized that the AIA bestows a glut of new powers upon the United States …
