Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012),
2012
UIC School of Law
Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath
UIC Review of Intellectual Property Law
More than a decade ago, Napster brought the issue of copyright infringement by file-sharing to the center of the public stage. How would a body of copyright law built to regulate tangible objects apply in the digital realm? The safe harbor provisions of the Digital Millennium Copyright Act, intended as a compromise between the interests of copyright owners and webhosts, have instead introduced legal uncertainty and allocated the costs of online enforcement both inefficiently and disproportionately. While Napster and several other major peer-to-peer services have been shuttered in the intervening period, the scope of online copyright infringement continues to grow …
India’S Use It Or Lose It: Time To Revisit Trips?, 11 J. Marshall Rev. Intell. Prop. L. 797 (2012),
2012
UIC School of Law
India’S Use It Or Lose It: Time To Revisit Trips?, 11 J. Marshall Rev. Intell. Prop. L. 797 (2012), Levon Barsoumian
UIC Review of Intellectual Property Law
India is one of a number of countries which impose a “local working” requirement on patented inventions. This finds its source in sections 83, 84, and 89 of India’s Patent Act. A recent decision by the Controller of Patents granting a compulsory license to Natco for a Bayer-patented anti-cancer drug confirms that importation will not satisfy this requirement. Corporations seeking to produce and market products for international sale will receive varying degrees of patent protection from different nations. This comment proposes an amendment to the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) defining what local working requirements are …
Are Royalties Reasonable In Patent Infringment Suits? Using Hindsight At The Hypothetical Negotiating Table, 12 J. Marshall Rev. Intell. Prop. L. 241 (2012),
2012
UIC School of Law
Are Royalties Reasonable In Patent Infringment Suits? Using Hindsight At The Hypothetical Negotiating Table, 12 J. Marshall Rev. Intell. Prop. L. 241 (2012), Michael J. Carrozza
UIC Review of Intellectual Property Law
Reasonable royalties have become the primary form of relief in patent infringement lawsuits. Once a patent is found valid and infringed, royalties are calculated based on a hypothetical license negotiation between the patent owner and infringer said to take place at the moment infringement began. The calculations seek to arrive at a royalty amount the parties would have agreed upon had an actual license been negotiated. But there is disagreement among courts as to what information should inform the royalty amount. Some take the hypothetical negotiation literally and disallow post-infringement information from entering the calculations because such information would have …
Taking, Tort, Or Crown Right?: The Confused Early History Of Government Patent Policy, 12 J. Marshall Rev. Intell. Prop. L. 145 (2012),
2012
UIC School of Law
Taking, Tort, Or Crown Right?: The Confused Early History Of Government Patent Policy, 12 J. Marshall Rev. Intell. Prop. L. 145 (2012), Sean M. O'Connor
UIC Review of Intellectual Property Law
From the early days of the Republic, Congress and the federal courts grappled with the government’s rights to own or use patents it issued. Courts rejected the British “Crown Rights” rule that allowed the sovereign to practice whatever patents it issued. Instead, the federal government was conceptualized as a legal person on par with any other persons with regard to issued patents. But, this simple rule presented challenges as complexities arose in three intertwined patent rights scenarios. The first involved inventions by government employees. The second revolved around government and government contractor use of patents held by private citizens. And …
You Say, “普拉达” I Say "Counterfeit": The Perils Of Civil Litigation As A Trademark Protection Strategy In China, 12 J. Marshall Rev. Intell. Prop. L. 261 (2012),
2012
UIC School of Law
You Say, “普拉达” I Say "Counterfeit": The Perils Of Civil Litigation As A Trademark Protection Strategy In China, 12 J. Marshall Rev. Intell. Prop. L. 261 (2012), Tricia M. Brauer
UIC Review of Intellectual Property Law
Over the past century, China has been depicted as being solely to blame for the world’s most serious commercial piracy problem. But this characterization is not entirely China’s fault. Multinational corporations and international brand owners in China have adopted a flawed approach to combating trademark infringement that is actually making the problem worse within Chinese walls. Companies and brand owners have primarily implemented one dimensional, enforcement only approaches that rely specifically on litigation as a means to curb counterfeiting and trademark infringement. Since 2001, China has made substantial strides in the laws governing trademarks and has trended toward positive treatment …
Continuing The Conversation Of "The Economic Irrationality Of The Patent Misuse Doctrine",
2012
Cleveland-Marshall College of Law, Cleveland State University
Continuing The Conversation Of "The Economic Irrationality Of The Patent Misuse Doctrine", Christa J. Laser
Law Faculty Articles and Essays
This Article seeks to use economic tools and insights to find the best way for courts to construe or for Congress to modify the patent misuse doctrine. As the title suggests, it attempts to continue the conversation begun by Professor Mark Lemley in his often-cited Comment, The Economic irrationality of the Patent Misuse Doctrine.
Part I provides a brief history of the doctrine of patent misuse. Part II begins with a premise that a partial economic equilibrium can be achieved by attempting to match Congress's intended patent scope with the actual patent scope, even assuming that economic tools can never …
Welcoming Remarks,
2012
Southern Methodist University
Welcoming Remarks, Joseph J. Norton
SMU Science and Technology Law Review
No abstract provided.
China's Current Intellectual Property Plan, Policies & Practices,
2012
Southern Methodist University
China's Current Intellectual Property Plan, Policies & Practices, Hope Shimabuku, Mark Cohen
SMU Science and Technology Law Review
No abstract provided.
Chinese Intellectual Property Judges Panel,
2012
Southern Methodist University
Chinese Intellectual Property Judges Panel, Zunxuen "Digger" Chen, Chen Yongshun, Zhang Yumin, Yi Jianxiong, Jennie Wu
SMU Science and Technology Law Review
No abstract provided.
China Patent Re-Examination,
2012
Southern Methodist University
China Patent Re-Examination, Zheng Chu, Alfonso Chan, Shelley Zheng
SMU Science and Technology Law Review
No abstract provided.
China's Global Business Perspectives And Intellectual Property,
2012
Southern Methodist University
China's Global Business Perspectives And Intellectual Property, Henry Haojin Wang, Federico Fraccaroli, Sheana Chen
SMU Science and Technology Law Review
No abstract provided.
The America Invents Act: Strategic Perspectives,
2012
Southern Methodist University, Dedman School of Law
The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson
SMU Science and Technology Law Review
No abstract provided.
The Once And Future Networked Self,
2012
University of Connecticut School of Law
The Once And Future Networked Self, Steven Wilf
Faculty Articles and Papers
No abstract provided.
Copyright Law And Pornography,
2012
Pace Law School
Copyright Law And Pornography, Ann Bartow
Elisabeth Haub School of Law Faculty Publications
Sex-for-hire is usually illegal, unless it is being filmed. Debates about pornography tread uneasily into legal terrain that implicates freedom of expression under the First Amendment, the specter of censorship, and genuine concerns about the function and role of pornography in persistent gender inequality. It is less common for conversations about pornography to include a discussion of copyright law. Yet copyright law is a powerful tool that operates to protect the financial interests of pornographers. Owners of copyrighted pornography frequently threaten public exposure of an alleged infringer’s consumption habits in order to force a financial settlement. Thus copyright law operates …
Patents Fettering Reproductive Rights,
2012
Indiana University Maurer School of Law
Patents Fettering Reproductive Rights, Scott A. Allen
Indiana Law Journal
No abstract provided.
Literary Property And Copyright,
2012
Mississippi College School of Law
Literary Property And Copyright, Alina Ng
Journal Articles
Copyright laws emerged out of necessity when the earliest printing presses were introduced into the book trade. After the Statute of Anne codified an assortment of censorship, licensing, and trade-control rules to produce the world’s first copyright statute in 1710,1 it soon became clear in the United Kingdom and in the United States that all rights in creative works were provided by statute.2 Copyright laws have steadily expanded since the Statute of Anne to protect owners of creative works. In the past decade, attacks on these expansions by left-leaning critics have become visceral and intense. As copyright owners assert absolute …
Do Police Learn From Lawsuit Data?,
2012
University of Missouri - Kansas City, School of Law
Do Police Learn From Lawsuit Data?, Randall K. Johnson
Faculty Works
A compelling new theory argues that lawsuit data collection has a deterrent effect on police misconduct. If this theory is correct, why has the number of police misconduct cases still increased over time? Does the trend continue if police departments consistently gather lawsuit data? A § 1983 dataset, which is introduced in this paper, provides an answer. This dataset shows that lawsuit data collection does not correlate with better deterrence of § 1983 cases. The dataset therefore indicates that police departments may not learn from lawsuit data.
Samuel Roth: Discourteous Reprinter,
2012
University of Tulsa College of Law
Samuel Roth: Discourteous Reprinter, Robert Spoo
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Ambiguity Killed The Cfaa,
2012
Seton Hall Law
The Uspto’S Historic Struggle With Markush Claims: Will The 2011 Guidelines Provide Relief?,
2012
Seton Hall Law
The Uspto’S Historic Struggle With Markush Claims: Will The 2011 Guidelines Provide Relief?, Kimberly J. Prior
Student Works
No abstract provided.
