Intellectual Property Law Commons^™

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.

Intellectual Property Training And Education For Development, Peter K. Yu

Faculty Scholarship

Written for a symposium addressing the need to construct a positive policy and research agenda for international intellectual property law, this article explores ways to improve the design and delivery of intellectual property training and educational programs. The article draws on the author's experience as the rapporteur for the International Roundtable on WIPO Development Agenda for Academics.

The article begins by reflecting on WIPO’s changing orientation, outlining the principles and goals recognized in its Development Agenda. It emphasizes the need for an expansion of coverage in intellectual property training and educational programs. It also offers guidelines on ways to redesign …

Confronting The Crisis In Scientific Publishing: Latency, Licensing And Access, Jorge L. Contreras

Joint PIJIP/TLS Research Paper Series

The serials crisis in scientific publishing can be traced to the long duration of copyright protection and the assignment of copyright by researchers to publishers. Over-protection of scientific literature has enabled commercial publishers to increase subscription rates to a point at which access to scientific information has been curtailed with negative social welfare consequences. The uniformity costs imposed by such over-protection can be addressed by tailoring intellectual property rights, either through legal change or private ordering.

Current open access channels of distribution offer alternative approaches to scientific publishing, but neither the Green OA self-archiving nor the Gold OA author-pays models …

Haute Copyright: Tailoring Copyright Protection To High-Profile Fashion Designs, Alexandra Manfredi

Cardozo Journal of International and Comparative Law

The note argues that high-profile haute couture fashion designs, particularly those worn by celebrities at significant events, deserve copyright protection due to their artistic and economic value. It proposes modifying U.S. copyright law to protect these designs, balancing the need to safeguard designers' investments while avoiding stifling innovation or competition. The analysis suggests that such protection could be achieved through a narrowly tailored provision with specific requirements, such as mandatory registration and a short protection term, modeled after successful European frameworks.

The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

No abstract provided.

Patent Infringement In The Context Of Follow-On Biologics, Janet Freilich

Faculty Scholarship

This Article fills a gap in the literature by conducting a comprehensive analysis of patent infringement in the context of follow-on biologics. Patent infringement is an important topic because, like small molecule generic drugs, follow-on biologics are likely to begin their life facing infringement suits. Because it is tremendously expensive to develop a follow-on biologic, it is vital that there be consistency in how they are treated in the courts once the inevitable patent infringement suits arrive. If follow-on biologics companies cannot predict how their product will be received in court, they may decide it is not worth the risk …

An Information-Gathering Approach To Copyright Policy, Peter Dicola, Matthew Sag

Cardozo Law Review

For over a century and with increasing frequency, major controversies have erupted between large distributors of copyrighted works (song publishers, movie studios, record labels, book publishers, etc.) and makers of new technologies for experiencing those works (player piano manufacturers, VCR manufacturers, the creators of file sharing software, Google Books, etc.). Usually, the copyright owners and the technology firms reach a licensing deal - but not without some form of government intervention. Various institutions within the federal government have become involved in these disputes, using a variety of different mechanisms. This Article is a theoretical investigation of government intervention in these …

Uncle Sam, Can You Please Sing Us A "Choruss"?, Brody Ehrlich

Cardozo Public Law, Policy & Ethics Journal

The rise of peer-to-peer file-sharing platforms like Napster fundamentally disrupted the music industry, leading to a sharp decline in sales and prompting legal battles over copyright infringement. The note argues that traditional legal and market-based strategies to combat piracy have largely failed, necessitating a revised copyright system that balances industry interests with consumer behavior. It proposes a compulsory licensing model, inspired by the Choruss experiment, to legalize and monetize file sharing while ensuring fair compensation for rights holders.

Broadcast Rights, Unjust Enrichment, And The Student-Athlete, Richard T. Karcher

Cardozo Law Review

The NCAA, conferences and universities license to networks the right to broadcast their live games in exchange for billions of dollars in annual rights fees without anyone questioning either the origin of this right or who constitutes all of the holders of this right. Historically courts recognized a quasi-property right of professional teams to sell the right to broadcast their games; however, team owners put personal funds at risk and are entitled to full ownership of the copyright to the broadcast under the work made for hire doctrine as they pay the players a proportionate share of the rights fees. …

Citizen Petitions: An Empirical Study, Michael A. Carrier, Daryl Wander

Cardozo Law Review

In recent years, brand-name drug companies have engaged in an array of conduct that has delayed generic competition. While some of the activity - such as settlements between brand and generic firms and "product hopping" from one drug version to another - has received attention, another behavior has, until now, flown under the radar.

This Article examines the activity of "citizen petitions." A citizen petition is a request for the U.S. Food and Drug Administration (FDA) to take an action such as evaluating a drug's safety or effectiveness. When used appropriately, it could raise awareness of legitimate concerns with a …

Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji

Dalhousie Law Journal

African states have, since the colonial encounter, been part of the international regimes on intellectual property rights. Formal accession to various treaties and conventions on intellectual property rights instruments should not be mistaken for actual internalization of the policies, structures and norms required for reaping the promised benefits of participation in such regimes. There is ample evidence showing that most African states do not have the requisite structures for fruitful engagement with international intellectual property rights regimes. Until this anomaly is rectified, African states' engagement with international intellectual property regimes will remain structurally flawed and inimical to the human development …

The Private Costs Of Patent Litigation, James Bessen, Michael J. Meurer

Faculty Scholarship

This paper estimates the total cost of patent litigation to alleged infringers. We use a large sample of stock market event studies around the date of lawsuit filings for US public firms from 1984-99. We find that the total costs of litigation are much greater than legal fees and costs are large even for lawsuits that settle. Lawsuits cost alleged infringers about $28.7 million ($92) in the mean and $2.9 million in the median. Moreover, infringement risk rose sharply during the late 1990s to over 14% of R&D spending. Small firms have lower risk relative to R&D.

The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann

Faculty Publications

No abstract provided.

Rights, Not Gifts, For Trusted Intermediaries, Margaret Ann Wilkinson

Law Presentations

No abstract provided.

Mark Twain’S Autobiography: In The Public Domain Before The Public’Shands?, Mark Tratos

Intellectual Property Brief

No abstract provided.

The Government Is Wrong: The Case For Human Gene Patents And Thegenomics Revolution, Jonathan Stroud

Intellectual Property Brief

No abstract provided.

Chanel Avoids Genericide By Taking Its Trademark Seriously, Ashley Kobi

Intellectual Property Brief

No abstract provided.

The Absence Of Common Sense From The Copyright Act’S Treatment Ofsoftware And The First Sale Doctrine, James Lafave

Intellectual Property Brief

No abstract provided.

Reverse Engineering: Exploitation For Benefit Of All, Daniel Lee

Intellectual Property Brief

No abstract provided.

U.S. Senators Continue War On Internet With “Online Infringement” Bill, Ashlee Hodge

Intellectual Property Brief

No abstract provided.