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Chinese Intellectual Property Judges Panel, Zunxuen "Digger" Chen, Chen Yongshun, Zhang Yumin, Yi Jianxiong, Jennie Wu 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's Global Business Perspectives And Intellectual Property, Henry Haojin Wang, Federico Fraccaroli, Sheana Chen 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 Once And Future Networked Self, Steven Wilf 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, Ann Bartow 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, Scott A. Allen 2012 Indiana University Maurer School of Law

Patents Fettering Reproductive Rights, Scott A. Allen

Indiana Law Journal

No abstract provided.


Literary Property And Copyright, Alina Ng 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?, Randall K. Johnson 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.


Ambiguity Killed The Cfaa, Prakash S. Patel 2012 Seton Hall Law

Ambiguity Killed The Cfaa, Prakash S. Patel

Student Works

No abstract provided.


The Uspto’S Historic Struggle With Markush Claims: Will The 2011 Guidelines Provide Relief?, Kimberly J. Prior 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.


Joint Infringement: Circumventing The Patent System Through “Collaborative” Infringement, Vincent Ferraro 2012 Seton Hall Law

Joint Infringement: Circumventing The Patent System Through “Collaborative” Infringement, Vincent Ferraro

Student Works

No abstract provided.


Ip Injury And The Institutions Of Patent Law, Paul R. Gugliuzza 2012 University of Florida Levin College of Law

Ip Injury And The Institutions Of Patent Law, Paul R. Gugliuzza

UF Law Faculty Publications

This paper reviews Creation Without Restraint: Promoting Liberty and Rivalry in Innovation, the pathbreaking book by Christina Bohannan and Herbert Hovenkamp (Oxford Univ. Press 2012). The Review begins by summarizing the book’s descriptive insights and analyzing one of its important normative proposals: the adoption of an IP injury requirement. This requirement would demand that infringement plaintiffs prove -- before obtaining damages or an injunction -- an injury to the incentive to innovate. After explaining how this requirement is easy to justify under governing law and is largely consistent with recent Supreme Court decisions in the field of patent law, …


Patent Law—Patentability Post-Bilski: No Need To Throw The Baby Out With The Bath Water When Determining Subject Matter Eligibility Under 35 U.S.C. § 101, Jennifer L. Davis 2012 University of Arkansas Little Rock

Patent Law—Patentability Post-Bilski: No Need To Throw The Baby Out With The Bath Water When Determining Subject Matter Eligibility Under 35 U.S.C. § 101, Jennifer L. Davis

University of Arkansas at Little Rock Law Review

Pursuant to Title 35, §101 of the United States Code, anyone who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof" is eligible for a patent. Traditionally, the United States Patent and Trademark Office and the federal courts have enumerated a variety of tests for determining patent eligibility, but common language in the case law had lead to, in Bilski v. Kappos, 130 S. Ct. 3218 (2010), the development of what is known as the machine-or-transformation test. In an opinion delivered on the final day of the 2009-2010 …


Untangling Jurisdiction And Contract Scope Issues Within Intellectual Property Licenses, Brandon Beam 2012 University of Arkansas Little Rock

Untangling Jurisdiction And Contract Scope Issues Within Intellectual Property Licenses, Brandon Beam

University of Arkansas at Little Rock Law Review

Copyright license cases pose difficult issues regarding the mixture of federal copyright law and state contract law for courts and commentators alike. Specifically, a split exists over which cases "arise under" federal copyright law. This complication is compounded by the difficulty in predicting federal preemption of state contract law.

In an effort to stabilize these complications, this comment recommends an approach of split sovereignty that would empower different systems to control the areas they are designated to regulate. In particular, the author suggests that procedural issues in copyright license cases should be clarified by (1) governing exclusive federal jurisdiction under …


Tuning The Obviousness Inquiry After Ksr, Mark D. Janis 2012 Indiana University Maurer School of Law

Tuning The Obviousness Inquiry After Ksr, Mark D. Janis

Articles by Maurer Faculty

One of the most important and delicate judicial tasks in patent law is to keep the obviousness doctrine in reasonable working order. There are several reasons why the obviousness doctrine has been the subject of frequent judicial tinkering. First, patentability doctrines interact with each other, so doctrinal alterations that seem to be entirely external to the obviousness doctrine frequently have ripple effects on obviousness. The interaction between the utility and obviousness doctrines provides one good example. Second, the obviousness doctrine is internally complex. Cases in the chemical and biotechnology areas over the past several decades have amply illustrated this point. …


Functionality In Design Protection Systems, Mark D. Janis, Jason J. Du Mont 2012 Indiana University Maurer School of Law

Functionality In Design Protection Systems, Mark D. Janis, Jason J. Du Mont

Articles by Maurer Faculty

In comparison to functionality doctrine in trade dress cases, scholars have paid relatively little attention to the role of functionality doctrine in design protection systems such as the U.S. design patent system and the EU Community Design regime. Yet functionality considerations potentially affect many validity and scope determinations in the design protection area. In this Article, we critically evaluate judicial application of the functionality doctrine in design protection systems, focusing on the U.S. design patent and EU design protection regimes. We argue that the doctrine as applied in these settings is too often aimless and inconsistent. Some simple doctrinal refinements …


International Trademark Protection And Global Public Health: A Just-Compensation Regime For Expropriations And Regulatory Takings, Sam Foster Halabi 2012 The Catholic University of America, Columbus School of Law

International Trademark Protection And Global Public Health: A Just-Compensation Regime For Expropriations And Regulatory Takings, Sam Foster Halabi

Catholic University Law Review

No abstract provided.


Vernor V. Autodesk: Power To The . . . Producers?, Elizabeth Hayes 2012 Texas Wesleyan School of Law

Vernor V. Autodesk: Power To The . . . Producers?, Elizabeth Hayes

IP Theory

No abstract provided.


The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle 2012 University of Abertay Dundee, Scotland, UK

The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle

IP Theory

No abstract provided.


Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair 2012 University of Leiden, The Netherlands

Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair

IP Theory

No abstract provided.


A Thousand Tiny Pieces: The Federal Circuit’S Fractured Myriad Ruling, Lessons To Be Learned, And The Way Forward, Jonathan R. K. Stroud 2012 American University Washington College of Law, Washington D.C.

A Thousand Tiny Pieces: The Federal Circuit’S Fractured Myriad Ruling, Lessons To Be Learned, And The Way Forward, Jonathan R. K. Stroud

IP Theory

No abstract provided.


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