Intellectual Property Law Commons^™

A Proposal For An Alternate Dispute Resolution Process For The Fashion Industry After The Innovative Design Protection And Piracy Prevention Act, David Reap

Cardozo Journal of Conflict Resolution

This Note will explore the way alternative dispute resolution can be used to ensure that the proposed IDPPPA meets its stated goal without unnecessarily chilling creative efforts of unproven designers. Though the bill is aimed at stopping the proliferation of design copying (knockoffs), insiders are concerned that the bill will dissuade designers from producing designs that merely incorporate elements from other designs ("inspired-by" designs). Some believe that the judiciary will interpret the IDPPPA expansively, resulting in the punishment of designers who produce knockoffs as well as those who draw inspiration from other designs. However, a chilling effect could be mitigated …

Chinese Use Of Administrative Proceedings To Enforce Intellectual Property Rights: Evaluating And Improving Adr In China, Simeng Han

Cardozo Journal of Conflict Resolution

Since its entry into the World Trade Organization ("WTO") in 2001, China has significantly reformed its legal system in order to enforce its commitment to protecting Intellectual Property ("IP"). Yet, there remains a lingering suspicion of the actual level of Chinese commitment-as indicated by continuous infringement claims from nations such as the United States. With an increasing number of disputes loading the court dockets and putting pressure on judges, and given China's "deep-rooted historical preference for informal and non-adversarial means of dispute resolution," there is enormous potential for further development of ADR in this field. Indeed, the culturally preferable way …

Red With Envy: Why The Fashion Industry Should Embrace Adr As A Viable Solution To Resolving Trademark Disputes, Erica S. Schwartz

Cardozo Journal of Conflict Resolution

This Note proposes that based on the nature of trademark disputes in the fashion industry, discussed in more detail below, alternative dispute resolution may be a viable option to resolve these cases. These alternative methods allow parties to explore mutually beneficial solutions, while avoiding litigation and ensuring the vitality of their brand. This Note also proposes that, based on previously successful programs used by other organizations, the Council of Fashion Designers of America should develop an alternative dispute resolution program to resolve disputes within the fashion industry.

Part II outlines the history of fashion design protection and examines the current …

Opportunity Lost? Revisiting Recordtv V Mediacorp Tv, Warren B. Chik, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

Taking the Singapore Court of Appeal’s Decision in RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd [2011] 1 SLR 830, this article seeks to argue that the copyright fair dealing defence would have been the more appropriate basis to exempt RecordTV, a digital recording service for recording television programmes, from primary copyright liability. This judicial approach towards legalising digital video recorder (“DVR”) services is more suitable taking into consideration the following: The role and objectives of copyright law in Singapore; the history and development of the fair dealing defence (including the latest amendments pursuant to the US-Singapore Free Trade …

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

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 …

Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper

Scholarly Articles in Law Reviews & Journals

Stolen information technology (IT) is a domestic and global problem. Theft of IT by upstream producers has a pernicious effect on the competitive market and violates fundamental policies designed to protect those who create and invent such assets. Companies profiting from stolen IT are not just free-riding on the successes of those who design and produce the products and ideas that are a driving force in the U.S. economy – they are destabilizing rational pricing and distorting lawful competition by virtue of outright theft. Current legal recourse is insufficient to address such misconduct; new approaches are needed at the state …

When Concerted Conduct Leads To Misuse: An Examination Of The Federal Circuit's En Banc Holding In Princo, Jerrad T. Howard

Kentucky Law Journal

No abstract provided.

One Size Does Not Fit All, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Is Wikileaks A Hit Man Handbook: Why Wikileaks Cannot Claim First Amendment Immunity If The Afghan And Iraq War Logs Cause Physical Harm, Rachel Wolbers

Journal of Law, Technology, & the Internet

No abstract provided.

Mass File Sharing Lawsuits: Legalized Extortion Or Valid Defense Of Copyright, Tyler Tassone

Journal of Law, Technology, & the Internet

No abstract provided.

Drone Strikes On Citizens: Ensuring Due Process For U.S. Citizens Suspected Of Terrorism Abroad, Casey Fitzpatrick

Journal of Law, Technology, & the Internet

No abstract provided.

Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule, Thomas H. White

Journal of Law, Technology, & the Internet

No abstract provided.

United States V. Jones: Reviving The Property Foundation Of The Fourth Amendment, Herbert W. Titus, William J. Olson

Journal of Law, Technology, & the Internet

No abstract provided.

Autonomous Cars And Tort Liability: Why The Market Will "Drive" Autonomous Cars Out Of The Marketplace, Kyle Colonna

Journal of Law, Technology, & the Internet

No abstract provided.

Introduction, Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Antibiotic Resistance, Jessica Litman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bring In The Nerds: Secrecy, National Security, And The Creation Of International Intellectual Property Law, David S. Levine

Cardozo Arts & Entertainment Law Journal

The negotiations of the international Anti-Counterfeiting Trade Agreement and Trans Pacific Partnership Agreement have been conducted largely in secret, elevating intellectual property piracy to the level of national security concerns for purposes of accessing information through the Freedom of Information Act (FOIA). However, the level of actual secrecy has been tiered, with corporate interests enjoying far more access to negotiation information than the general public. At the same time, similar intellectual property issues were negotiated in the relative transparency of Congress' debate over the Stop Online Piracy Act and PROTECT IP Act, allowing for much greater public involvement. With national …

Copyright Policymaking As Procedural Democratic Process: A Discourse-Theoretic Perspective On Acta, Sopa, And Pipa, Annemarie Bridy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Region Codes And Human Rights, Molly Land

Cardozo Arts & Entertainment Law Journal

No abstract provided.