Intellectual Property Law Commons^™

Revitalizing Biotechnological Advancement In The United States: Patent Eligibility Reform To Promote Innovation While Preserving Morality, Sydney Virtue

West Virginia Law Review

Patent protection has long been recognized as a key part of promoting innovation; however, current patent eligibility law in the United States often produces the exact opposite result. While the basic framework for patent eligibility is provided by the Patent Act, the United States Supreme Court has crafted several significant exceptions to patent eligibility—laws of nature, natural phenomena, and abstract ideas. These judicial exceptions have created a crisis in patent law and impeded biotechnological innovation, as they are too vague to be properly confined and carry tests that are too ambiguous for predictable application. To promote and retain world leadership …

What The Warhol Court Got Wrong: Use As An Artist Reference And The Derivative Work Doctrine, Jessica Silbey, Eva Subotnik

Faculty Scholarship

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court conflated “use as an artist reference” with preparing a “derivative work.” It did so on the erroneous assumption that permission to use a copyrighted work as an artist reference is a license to prepare a derivative work. But copyright law does not necessarily deem all uses of references for making new art to be the preparation of a derivative work. In other words, not all adaptations of an original work are infringing. Some may be neither derivative works nor substantially similar copies, and some may …

From The Bench, Pierre Leval, M. Margaret Mckeown, Jane C. Ginsburg

Faculty Scholarship

Lightly edited transcript of panel comments at the 2023 Symposium, “Rearrange, Transform, or Adapt: The Derivative Works Right After Andy Warhol Foundation v. Goldsmith.”

Going "Beyond" Mere Transformation: Warhol And Reconciliation Of The Derivative Work Right And Fair Use, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

The Supreme Court’s recent decision in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith is a watershed moment in the story of copyright jurisprudence. At its broadest, the decision articulates a unified vision — one that had been dormant in the lower court fair use jurisprudence — about the role of copyright and the manner in which to make sense of its effort to balance exclusivity with its myriad limitations. This Essay focuses on how the Court reconciled the working of the statute’s derivative work right with the breadth and reach of the “transformative use” version of the fair …

Hachette V. Internet Archive: How And Why The Courts Broke Copyright, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

The exclusive rights of copyright owners have always been overbroad which, if read literally, would make many common activities illegal (e.g., reading a book during library story hour, making a mixed tape, etc). What has prevented overreach is a social contract. The public at large has been tolerant of copyright’s broad grant of rights because of the understanding that the rights would be exercised only in very limited circumstances. The rights were not intended to empower copyright owners to undermine the overwhelming number of reasonable uses of copyrighted works that make society productive. For centuries, rightsholders and courts have generally …

Patent Law And Access To Biotechnology, Enoch Otim

Technology and Economics Law Journal

The research analyzes the use of patents in a field other than industry and how they have a wider impact than the monetary gain of the patent holder. In recent years, patents have been taken out on organisms and gene sequences, which has a flow-on effect of jeopardizing any further research in that area and possible future developments. This is a serious issue in the fast-moving field of medical biotechnology. For example, researchers patented and developed a test that utilized and identified a gene sequence that was later patented by another party. The researchers may have to discontinue the test …

Development Of A Telecommunications Regulatory Evaluation Model Based On The Five-Generation Framework By The International Telecommunication Union (Itu), Arief Hamdani Gunawan, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko

Technology and Economics Law Journal

With the evolution of technology and changes in societal needs, regulations in the telecommunications industry should be adaptable in order to maintain accessibility, affordability, and quality of service standards. The ITU has developed an extensive assessment model for regulations that consists of five generations. This model evaluates telecommunication regulatory policies’ effectiveness and efficiency under fast evolving technological circumstances. Each generation will be broken down according to such indicators established by the ITU as policy effectiveness, adaptability to technological change, and impact on users of telecoms services. Through various regulatory stages this evaluation model brings out comprehensive understanding about achievements made …

Penguatan Perjanjian Lisensi Dan Optimalisasi Perhitungan Royalti Dalam Melindungi Hak Kekayaan Intelektual Berupa Rahasia Dagang Dan Paten, Silveria Verawaty Rs. T. Fau

Technology and Economics Law Journal

Rahasia Dagang dan Paten merupakan 2 (dua) rezim hak kekayaan intelektual yang sangat dekat. Untuk melindungi bisnisnya, Pelaku Usaha dapat memilih Rahasia Dagang dibandingkan Paten atau sebaliknya. Tentunya akan didasarkan pada pertimbangan tertentu. Dalam konteks lisensi teknologi, rahasia dagang dan paten tidak dapat berdiri sendiri, khususnya terhadap kemungkinan munculnya rahasia dagang yang merupakan hak paten. Terdapat dua potensi isu yang muncul berkaitan dengan hubungan keduanya, yakni apabila terjadi perselisihan ataupun berakhirnya masa pelindungan paten yang dalam perjanjian lisensinya melekat juga terkait rahasia dagang. Atas dasar ini, maka Pemilik Lisensi akan menjadi pihak yang berpotensi dirugikan. Untuk itu, diperlukan terobisan dalam …

Tinjauan Terhadap Penerbitan Sovereign Blue Bond Oleh Republik Indonesia Di Pasar Obligasi Jepang, Jasmine Nurlaila Ananta, Rosewitha Irawaty

Technology and Economics Law Journal

Tulisan ini menganalisis bagaimana proses penerbitan serta bentuk tanggung jawab dari akuntabilitas hasil investasi Blue Bond yang diterbitkan oleh Indonesia di Pasar Obligasi Jepang. Tulisan ini disusun dengan menggunakan metode penelitian doktrinal. Indonesia menerbitkan Blue Bond di Pasar Obligasi Jepang pada tahun 2023 untuk mendukung proyek-proyek yang memperhatikan kelestarian laut sesuai dengan kerangka kerja Republic of Indonesia SDGs Government Securities Framework dan panduan Blue Finance yang diterbitkan oleh ICMA. Penerbitan Blue Bond oleh Indonesia ini dapat menegaskan dukungan Indonesia terhadap sustainable financing. Dikarenakan Blue Bond diterbitkan di Pasar Obligasi Jepang, penting untuk memastikan bahwa proses penerbitannya sesuai dengan peraturan yang …

Wipo General Assembly 65th: Issues Affecting The Right To Research, Sean Flynn, Andres Izquierdo

Joint PIJIP/TLS Research Paper Series

This paper provides background and options for countries to consider in relation to items on the agenda of the 65th meeting of the WIPO General Assembly. It is prepared by the Project on Copyright the Right to Research of the Program on Information Justice and Intellectual Property, which includes the goal of sharing information and technical assistance to governments in international policy deliberations that impact the rights of scientific researchers in the digital context. The work of the WIPO General Assembly Agenda includes several matters that impact the rights of researchers. These include review of the work and recommendations of …

Considerations On How Does Public Scientific Research Institution Deal With Open Source Intellectual Property Problems, Yungang Bao, Xiaojuan Li

Bulletin of Chinese Academy of Sciences (Chinese Version)

Open source plays a positive role in terms of innovation iteration, ecological expansion, and international development. Nevertheless, when trying to open source scientific research achievements, or to participate in the construction of open-source communities, public scientific research institutions encounter open source related problems such as losses of state-owned assets, disposal of intellectual property right, legal risks prevention and control, etc. The authors put forward proposals from the following aspects: donation of open source projects, selection of open source license, and construction of open source Patent Pool.

Analysis Of Recent Development In Energy Storage Technology In China From Perspective Of Patents, Mingming Jiang, Zhijun Jin

Bulletin of Chinese Academy of Sciences (Chinese Version)

The achievement of the “dual carbon” goal is closely tied to the widespread implementation of renewable energy, however, renewable energy generation is characterized by intermittency and volatility. Advanced energy storage technology plays a crucial role in mitigating the fluctuations of new energy sources and enhancing their absorption capacity. Patents serve as important indicators of technological innovation, directly reflecting current research trends and future directions in energy storage technology. This paper primarily relies on the “WIPO IP Portal” website provided by the World Intellectual Property Organization to analyze the comprehensive strength of eight leading countries including the United States, China, France, …

The Sufficiency Of Disclosure Of Ai Inventions, Mateo Aboy, Aparajita Lath, Timo Minssen, Kathleen Liddell

Articles

• The complex and data-driven nature of artificial intelligence (AI) raises questions for the sufficient disclosure of patent applications in this field. What are the European patent disclosure requirements for AI inventions?

• One challenge is that, prior to training, AI systems can be considered generic models. But after training, they transform into specialized AI systems to solve a particular problem. This transformation requires training data, making it an integral part of the AI system’s definition. But to what extent is the disclosure of the training data or training process necessary for patent disclosure?

• The Boards of Appeal of the European Patent …

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Patent Law’S Role In Protecting Public Health, Sean B. Seymore

Notre Dame Law Review

Innumerable inventions implicate public health—including drugs, vaccines, dietary supplements, and sewage treatment plants. Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions—whether in response to a public health crisis or to protect the credulous public from unscrupulous inventors. While normative and policy-based arguments can justify these interventions, they’ve disrupted the delicate balance of two competing policy objectives in patent law—enhancing public welfare and promoting innovation. This Article offers a new approach for courts to protect public health in patent cases—by making public health an affirmative defense to …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Batavia In The19th Century: A Russian Diplomat's Criticism Of The Capital Society And The Colonial System Of The Dutch East Indies, Ahmad Fahrurodji

International Review of Humanities Studies

ABSTRACT This article analyzes the traces of diplomatic relations between the Russian Empire and the Dutch East Indies in the late 19th century. The views and criticisms of the Russian Consul in Batavia became one of the important milestones of cultural relations between the two nations in the future. This research is a cultural history research using historical research method and structural approach. The documents used are diplomatic reports that have been published in the original language (Russian). By using the theory of hermeneutics, this article aims to see how Batavia and the people in it interacted and acted from …

How To Read A Patent: A Survey Of The Textual Characteristics Of Patent Documents And Strategies For Comprehension, Graham Sherriff

Journal of the Patent and Trademark Resource Center Association

Reading patents is an important activity for inventors and anyone seeking to file or defend a patent, as well as for “exploratory” researchers such as students in a range of disciplines. However, they are notoriously difficult to read. This paper examines the characteristics of patent documents that impair their readability and seeks to identify comprehension strategies and techniques that may alleviate this difficulty. Insights were gathered from a review of the scholarly literature on reading and patent literacy, a survey of patent educators affiliated with the US Patent and Trademark Office (USPTO)’s Patent and Trademark Research Center (PTRC) Program, and …

A Peek Behind The Scenes At The Making Of Three Decades Of Supreme Court Copyright Decisions, Jonathan Band

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The Curious Case Of The James Brown Estate, Lee-Ford Tritt

UF Law Faculty Publications

Great musicians are larger than life, and the most iconic of them become members of an elite musical monarchy: Michael Jackson was the King of Pop, Aretha Franklin was the Queen of Soul, and Prince Rogers Nelson was Prince. Similarly, James Brown, the inventor of funk music, landed a seat at this table of legendary musicians. Although lacking a royal honorific, James Brown was "the Godfather of Soul." The Godfather of Soul, though, shared more than musical prowess with these other iconic musicians. The estates of James Brown, Michael Jackson, Aretha Franklin, and Prince all continue to face legal obstacles—years …

Theoretical Justifications For Trade Secrets Protection Of Routine Business Information, Timothy Murphy

Buffalo Law Review

For over a century trade secret law has protected internal business information from misappropriation by departing employees. Over this time, courts developed various limiting doctrines to minimize the impact of this broad protection on employee mobility in particular cases. However, the workplace has changed significantly over this time and these changes raise substantial questions as to whether there is any valid theoretical justification for continuing to protect routine business information under trade secret law. In an environment where the vast majority of trade secrets claims are against former employees, the lack of sound justification for protecting routine business information, the …