Intellectual Property Law Commons^™

Antibiotic Resistance, Jessica Litman

Law & Economics Working Papers

In this essay, written for the 30th Anniversary of Cardozo’s Arts and Entertainment Law Journal, I revisit the ruinous litigation strategy copyright owners pursued after Napster to secure control of the market for personal uses of copyrighted works, which I wrote about ten years ago in War Stories, 20 Cardozo Arts & Ent. L.J. 337 (2002). The litigation campaign had effects that copyright owners now have reason to regret. Medical experts tell us that powerful antibiotics are highly effective in killing off both good and bad bacteria, but at a significant risk. Bugs that survive the treatment grow bigger, stronger, …

Inventing Norms, William Hubbard

All Faculty Scholarship

Patent law strives to promote the progress of technology by encouraging invention. Traditionally, scholars contend that patent law achieves this goal by creating financial incentives to invent in the form of exclusive rights to new technology. This traditional view of invention, however, fails to recognize that inventors are motivated by more than money. Like most people, inventors are also motivated by social norms, that is, shared normative beliefs favoring certain actions while disfavoring others. This Article argues that many Americans embrace social norms that favor and encourage successful invention. Because of these "inventing norms" inventors enjoy enhanced personal satisfaction and …

Why Full Open Access Matters, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.

Why Full Open Access Matters, Michael Carroll

Scholarly Articles in Law Reviews & Journals

This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.

Copyright For Couture, Loni Schutte

Duke Law & Technology Review

Fashion design in America has never been covered by the extensive intellectual property (IP) protections afforded to other categories of creative works or to the art in other countries. As a result, America has become a safe haven for design pirates. Piracy disproportionately harms young designers who do not have established trademarks for their brands and must rely purely on creativity to propel their designs into the market. H.R. 2511 is a bill that aims to extend copyright protection to fashion designs, albeit narrowly. Compared with previous proposals to extend effective IP protection to fashion design, H.R. 2511 is more …

Checking The Staats: How Long Is Too Long To Give Adequate Public Notice In Broadening Reissue Patent Applications?, David M. Longo Ph.D., Ryan P. O’Quinn Ph.D.

Duke Law & Technology Review

A classic property rights question looms large in the field of patent law: where do the rights of inventors end and the rights of the public begin? The right of inventors to modify the scope of their claimed inventions, even after the patent issues, is in direct tension with the concepts of public notice and the public domain. The Patent Act currently permits broadening of claims so long as a reissue application demonstrating intent to broaden is filed within two years of the original patent issue. Over the years, however, this relatively straightforward statutory provision has sparked numerous disputes over …

The Accession Insight And Patent Infringement Remedies, Peter Lee

Michigan Law Review

What is the appropriate allocation of rights and obligations when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good faith improver may take title to such improved property, subject to compensating the original owner for the value of the source materials. While shifting title to a converter seems like a remarkable remedy, this outcome merely underscores the equitable nature of accession, which aims for fair allocation of property rights and compensation between two parties who both have plausible claims to an improved asset. This Article draws upon accession-a physical property doctrine …

Publishing Conference Proceedings And Events With Digitalcommons@Wsu, Jonathan Mcglone

Open Access Week

Learn how you can organize and present conference and event information on the web using DigitalCommons@WSU.

What Can I Do With This?: Deciphering Copyright And License Notices, Benjamin J. Keele, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

Publishing Open Access Journals With Digital Commons, Jonathan Mcglone

Open Access Week

Learn how the Library can help you launch an Open Access Journal using DigitalCommons publishing software.

Digitalcommons@Wsu: Visibility Of Your Scholarship Matters, Dave Stout

Open Access Week

Wayne State University Libraries is taking a leadership role in helping scholars at Wayne distribute their scholarship and creative works via the Digital Commons service. Why is this important to you? Because visibility of your academic output to other scholars and stakeholders, around the world, is important. Digital Commons helps to remove barriers (paywalls, access restrictions, etc...) to your scholarship that is a common aspect of traditional commercial publishing avenues, and increases the global reach of your scholarship. It's easy, effective, and it works!

Join Dave Stout, Director of Sales for Digital Commons at Berkeley Electronic Press, to learn more …

Readers' Copyright, Jessica Litman

Open Access Week

An open lecture on reclaiming copyright for readers, listeners, and viewers, given by University of Michigan Law professor Jessica Litman.

A system of copyright protection makes little sense unless it is designed to encourage the use and enjoyment of the works it induces authors to create and publishers to disseminate. Litman argues that a clear-eyed examination of copyright's history reveals that solicitude for readers and members of the audience is, in fact, deeply encoded in copyright's DNA. Recently, readers' interests have faded in apparent importance in the copyright scheme in ways that have unbalanced the copyright system, and undermined public …

What Is Open Access?, Jonathan Mcglone

Open Access Week

Come learn about the growing electronic publishing movement that seeks free access to scholarly materials -- Open Access. WSU Scholarly Communications Librarian Jon McGlone will introduce the topic, share examples of Open Access across North America and at Wayne State, and address some of the basic questions and issues Open Access raises.

Scholarly Communications Outreach: A Workshop For Librarians, Wsu Libraries Scholarly Communications Team

Open Access Week

This workshop will help liaison librarians in their scholarly communications and open access outreach efforts with faculty. Workshop will incorporate current videos created by BePress on outreach and discussion of these videos, and teach librarians the process behind adding faculty contributions to DigitalCommons@WSU, focusing on how to conduct permissions and rights checks for faculty publications that may be good additions to DigitalCommons@WSU and the deposit process.

Cablevision's Remote Dv-R System And A Solution For The Digital-Recording Age, Justin M. Jacobson

Touro Law Review

No abstract provided.

The Ethics Of Genetic Patenting And The Subsequent Implications On The Future Of Health Care, Suzanne Ratcliffe

Touro Law Review

No abstract provided.

Trademark Protection Of Color Alone: How And When Does A Color Develop Secondary Meaning And Why Color Marks Can Never Be Inherently Distinctive, Diane E. Moir

Touro Law Review

No abstract provided.

Bilski's Effect On Patent Law: Patentable Processes Under 35 U.S.C. § 101, Sharon Barkume

Touro Law Review

No abstract provided.

Approaches To Open Data For Science In Spain, E Wulff-Barreiro

Copyright, Fair Use, Scholarly Communication, etc.

As observational data has attained new legal status, allowing their integration into open Internet systems, and experimental data continues to be assembled in common and free platforms, state of the art, easy to access data repositories have been designed in Spain. These repositories have removed many obstacles to re-utilization of GIS and other data. European legislation has also made advances in opening biodiversity data, including a European space in the Latin-American grid infrastructure. Open access biomedical repositories attract commercial attention while astronomical, meteorological, and oncological institutions promote data quality and access. This paper describes recent approaches to open access data …

Acta And Access To Medicines, Sean Flynn, Bijan Madhani

Joint PIJIP/TLS Research Paper Series

The Greens/EFA Internet Core Group in the European Parliament, and a collection of its individual members, commissioned this analysis of potential impacts of the Anti-Counterfeiting Trade Agreement (ACTA) on access to medicines in developing countries.” On the whole, ACTA negotiators created an agreement that shifts international “hard law” rules and “soft law” encouragements toward making enforcement of intellectual property rights in courts, at borders, by the government and by private parties easier, less costly, and more “deterrent” in the level of penalties. In doing so, it increases the risks and consequences of wrongful searches, seizures, lawsuits and other enforcement actions …