Intellectual Property Law Commons^™

He's So Gay ... Not That There's Anything Wrong With That: Using A Community Standard To Homogenize The Measure Of Reputational Damage In Homosexual Defamation Cases, Abigail A. Rury

Cardozo Journal of Equal Rights & Social Justice

The note examines the role of the community standard in determining defamation, particularly in cases involving false claims of homosexuality. It argues that the current application of the community standard often lacks clarity and may reflect judicial biases, leading to inconsistent rulings. The note proposes reforms to enhance the accuracy and transparency of defamation analysis by adopting a contemporary community standard, similar to that used in obscenity law, which considers specific geographic and social contexts.

Cooperative Patent Prosecution: Viewing Patents Through A Pragmatics Len, Kristen Jakobsen Osenga

Law Faculty Publications

This Article constructs a linguistics-based framework to consider patent claim construction and demonstrates that the often-told story that claim construction is broken is, in fact, wrong. Rather, it is the underlying conversations that comprise the patent acquisition process that are to blame. In Part I of this Article, I use linguistics to describe the characteristics of everyday conversation, as well as how it is interpreted. In Part II, I explain what patent conversations look like and how they are similar to and different from everyday conversation. In Part III, I apply the theories of interpreting everyday conversation to patent conversation. …

Book Review: Beyond Intellectual Property: Matching Information Protection To Innovation, Kristen Osenga

Law Faculty Publications

William Kingston frames this book around a clearly stated premise: the focus of information protection regimes has shifted from benefiting the public to benefiting private individuals with interests in the game—and this shift is not good. Early on, protection of information was shaped by actors with no personal stake but rather a desire to encourage invention and innovation for the public good. These actors were primarily limited by constitutional provisions and bureaucratic inefficiencies. As time went on,and as information became a more important commodity, information protection schemes were fashioned, or perhaps twisted, by the parties that would derive the most …

Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz

Articles

Intellectual property sits at the center of today’s global information economy. Today, producers and users of intellectual property come from both developed and developing nations. Intellectual property matters as much to China and India as it does to Germany and the United States. This reality has driven a monumental demand for lawyers who can make and implement intellectual property law - that is to say, the new leaders in intellectual property law. Indeed, the demand for intellectual property law-trained lawyers triggered a “big bang” in the creation of advanced intellectual property law programs at American law schools. The new leaders …

Gender And Invention: Mapping The Connections, Victoria Phillips

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Scientific Productivity And Gender Performance Under Open And Proprietary Science Systems: The Case Of Chile In Recent Years, Bernadita Escobar Andrae

American University Journal of Gender, Social Policy & the Law

No abstract provided.

“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Eligible Patent Matter—Gender Analysis Of Patent Law: International And Comparative Perspectives, Shlomit Yanisky-Ravid

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Do Patents Have Gender?, Dan L. Burk

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Publishing The Unpublished Correspondence, Kevin J. H. Dettmar, William S. Brockman, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Surprising Benefits To Developing Countries Of Linking International Trade And Intellectual Property, Rachel Brewster

Faculty Scholarship

The World Trade Organization's Trade Related Intellectual Property (TRIPS) Agreement is controversial, requiring WTO members to establish a host of domestic institutions to support intellectual property rights, including substantive laws creating rights and a host of enforcement procedures. Trade scholars and development advocates frequently criticize the agreement as economically harmful to developing countries. This Article does not argue that the TRIPS Agreement is beneficial for developing states, but highlights how the agreement has produced some surprising benefits over the last decade and a half. First, the TRIPS Agreement's requirement that developing states make the domestic enforcement of intellectual property rules …

The Money Blind: How To Stop Industry Bias In Biomedical Science, Without Violating The First Amendment, Christopher Robertson

Faculty Scholarship

The pharmaceutical and medical device industries use billions of dollars to support the biomedical science that physicians, regulators, and patients use to make healthcare decisions—the decisions that drive an increasingly large portion of the American economy. Compelling evidence suggests that this industry money buys favorable results, biasing the outcomes of scientific research. Current efforts to manage the problem, including disclosure mandates and peer reviews, are ineffective. A blinding mechanism, operating through an intermediary such as the National Institutes of Health, could instead be developed to allow industry support of science without allowing undue influence. If the editors of biomedical journals …

Testing As Commodification, Katharine B. Silbaugh

Faculty Scholarship

In this Essay, the author addresses criticism of the testing movement by education experts such as Jonathan Kozol. She explores the similarities in the discourses of philosophical discussions of commodification and behavioural economic discussions of intrinsic motivations. One conclusion that the author draws is that the comparison between the testing movement and commodification literature is not perfect, but they have both been counted, compared and measured, and flattened or thinned out of values.

Harvesting Intellectual Property: Inspired Beginnings And 'Work-Makes-Work,' Two Stages In The Creative Processes Of Artists And Innovators, Jessica Silbey

Faculty Scholarship

This Article is part of a larger empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents, and business partners. The book-length project involves the collecting and analysis of stories from artists, scientists, and engineers about how and why they create and innovate. It also collects stories from their employers, business partners, managers, and lawyers about their role in facilitating the process of creating and innovating. The book’s aim is to make sense of the intersection between intellectual property law and creative and innovative activity, specifically to discern how intellectual property intervenes in the careers of the …

Hart V Finnis: How Will Positivism And Natural Law Account For The Socio-Legal Paradigm In Wikipedia, Siyuan Chen

Research Collection Yong Pung How School Of Law

There is little doubt that Wikipedia is one of the world’s most influential websites today – and its sphere of influence is set to grow in days to come. The evidence for this is strong. As of December 2010, Wikipedia is the Internet’s 6th most popular website (by virtue of the Alexa Traffic Rank), and it is also the most popular "general reference" site in cyberspace, with almost 4 million articles in the English language edition. It has been and will continue to be the flagship of Web 2.0, with every single edit being potentially scrutinised by a global audience, …

Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren B. Chik

Research Collection Yong Pung How School Of Law

This article examines user-generated content (“UGC”) and the significance of re-inventions in the context of an increasingly user-centric internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from various interest …

What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary, Edward D. Stein

Articles

This has been a very rich opening panel to what promises to be a terrific conference. The panelists' comments go in such varied directions that it is a challenge to be both a commentator and summarizer, especially when I have just a few minutes to speak. What I plan to do is say a little bit to draw together some of the themes that the panelists have been talking about that are connected to a couple of topics I have been working on while at the same time trying to look forward to some of the things I hope we …

Downstream Copyright Infringers, Yvette Joy Liebesman

All Faculty Scholarship

The advent of on-line music sales has been a boon to the recording industry as well as for musicians and the general public. Previously unknown artists have found new avenues to showcase their work, and consumers have easy access to an enormous variety of musical genres.

Yet an unintended consequence of the ability to sell songs through internet downloads is a novel, and until now, unnoticed way to infringe on copyrights - which, unless remedied, could lead to new classes of defendants never contemplated or desired to be ensnared in the Copyright Act’s protections for artists, musicians and authors. Unlike …

Secret Inventions, Jonas Anderson

Utah Law Faculty Scholarship

Patent law - and innovation policy more generally - has traditionally been conceptualized as antithetical to secrecy. Not only does the patent system require inventors to publicly disclose their inventions in order to receive a patent, but various patent doctrines are designed to encourage inventors to forego trade secrecy. This Article offers a critique of the law’s preference for patents. In particular, this Article examines whether and under what circumstances the law should prefer patents over secrets, and vice versa.

As an initial step towards a theoretically-supported system of inventor incentives, this Article constructs a framework that attempts to balance …

The In Rem Forfeiture Of Copyright-Infringing Domain Names, Andrew Sellars

Faculty Scholarship

In the summer of 2010, the Immigration and Customs Enforcement Division of the Department of Homeland Security began "Operation In Our Sites," an enforcement sweep targeted towards websites allegedly dealing in counterfeit goods and copyright-infringing files. The operation targeted the websites by proceeding in rem against their respective domain names. For websites targeted for copyright infringement, ICE Agents used recently-expanded copyright forfeiture remedies passed under the 2008 PRO-IP Act, providing no adversarial hearing prior to the websites being removed, and only a probable cause standard of proof.

This Paper examines three specific harms resulting from Operation In Our Sites, and …