Research On The Influencing Factors Of Patent Invalidation Under The Background Of Infringement Litigation,
2024
Intellectual Property Information Service Center, Jingdezhen Ceramic University, Jingdezhen 333001
Research On The Influencing Factors Of Patent Invalidation Under The Background Of Infringement Litigation, Qining Peng, Bingxiang Liu, Zhenkang Fu, Guangyu Feng, Wenyu Bei
Journal of Scientific Information Research
[Purpose/significance]Taking patent infringement as the starting point, this paper explores the influence mechanism of different factors on the tendency of patent infringement declaration, then compares and analyzes the differences in the influencing factors of invalid declaration under different infringement themes in the same field.[Method/process]Firstly, this paper uses the LDA topic model to subdivide the infringement topics in the selected emerging industry field, and understands the different infringement topics and infringement keywords of the infringement patents in this field;Secondly, the statistical correlation model is used to calculate various data indicators under different infringement classification topics and comparatively analyze the correlation between …
Sounds Marks,
2024
University of North Carolina at Chapel Hill
Sounds Marks, Deborah Gerhardt, Jon J. Lee
Faculty Articles
A lion roars just before a film rolls. A doughboy giggles. A giant green man laughs a hearty, “Ho, Ho, Ho.” These iconic sounds are all federally registered as trademarks. They identify specific brands and distinguish their products and services from the competition. Human brains treat sounds like these as categorization tools and cognitive shortcuts—ideal trademark symbols. But what about the sounds your favorite toys or electronic devices make? Or those made by a fictional character in the latest block- buster? This Article tackles these issues and others. We push back against the widely-held belief that all unconventional trade-marks—product designs, …
Wild Horse Concepts, Llc V. Hasbro, Inc., 286 A.3d 848 (R.I. 2023).,
2024
Candidate for Juris Doctor, Roger Williams University School of Law
Wild Horse Concepts, Llc V. Hasbro, Inc., 286 A.3d 848 (R.I. 2023)., Aidan L. Boisvert
Roger Williams University Law Review
No abstract provided.
From Andy Warhol To Barbie: Copyright’S Fair Use Doctrine After Andy Warhol Foundation V. Goldsmith,
2024
Roger Williams University School of Law
From Andy Warhol To Barbie: Copyright’S Fair Use Doctrine After Andy Warhol Foundation V. Goldsmith, Niki Kuckes
Roger Williams University Law Review
No abstract provided.
Improving The Affirmative Disclosure Of Agency Legal Materials,
2024
Rutgers University Newark School of Law
Improving The Affirmative Disclosure Of Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, Orly Lobel
Articles
It is axiomatic that in a democratic society the law must be broadly accessible. Administrative agencies produce a plethora of materials imposing legal obligations on commercial or individual actors in the private sector. Other materials bind the agencies themselves in ways that affect the rights or interests of private parties. Still other materials provide the public with information about how agencies interpret and apply the statutes and rules they administer, or how agencies seek to deploy their discretion or take other actions that can affect private individuals or organizations. This Article focuses on improving the public availability of all of …
The Patent Law Origins Of Science Fiction,
2024
University of Akron
The Patent Law Origins Of Science Fiction, Camilla Hrdy, Daniel H. Brean
Akron Law Faculty Publications
This Article reveals the surprising role of patent law in shaping the literary genre of science fiction. Drawing on previously unpublished sources, the Article shows that Hugo Gernsback—the so-called “father” of science fiction who started the first all-science-fiction magazine in 1926—believed that works of science fiction are analogous to patents. Like patents, science fiction stories can disclose useful information to the public about new inventions. Like patents, science fiction stories can influence future inventors and drive innovation. Gernsback went even further, positing that some of the inventions depicted in science fiction should themselves be patentable. In 1952, he urged Congress …
An Empirical Study Of The Dmca's Anti-Circumvention Provisions,
2024
Brigham Young University Law School
An Empirical Study Of The Dmca's Anti-Circumvention Provisions, Clark Asay
Faculty Scholarship
The DMCA has been a flashpoint during most of its twenty-five-year existence. One of the most controversial parts of the DMCA is Section 1201. Among other things, Section 1201 prohibits third parties from circumventing certain controls to copyrighted content or trafficking in tools that enable circumvention of technological controls. However, despite its nearly quarter-of-a-century lifespan, we know very little about Section 1201 empirically. While certain aspects of the broader DMCA have received empirical assessments, Section 1201 has not. Our understanding of Section 1201 is largely based on anecdotal evidence, in the form of leading opinions from historically prominent copyright circuits. …
Talking Scents: Copyrightability Of Fragrance & Intellectual Property Protection In The Perfume Industry,
2024
University of Richmond - School of Law
Talking Scents: Copyrightability Of Fragrance & Intellectual Property Protection In The Perfume Industry, Margaret M. Donnelly
Law Student Publications
Designer fashion brands are well-known for their aggressive brand protection techniques and unwavering commitment to protecting the exclusivity of their products. After all, it is this exclusivity that drives demand for luxury products in the first place. Additionally, a new trend of duplicate or “dupe” products that are more accessible, noncounterfeited replicas of high-end goods presents a new problem for these luxury brands. Despite high-end brands’ best efforts, the luxury goods industry is still plagued by counterfeiting and piracy issues, as well as the emerging threat of replicated dupe products that drive luxury sales down. From notorious counterfeit marketplaces like …
Barring Judicial Review,
2024
University of Colorado Law School
Barring Judicial Review, Laura E. Dolbow
Publications
Whether judicial review is available is one of the most hotly contested issues in administrative law. Recently, laws that prohibit judicial review have sparked debate in the Medicare, immigration, and patent contexts. These debates are continuing in challenges to the recently created Medicare price negotiation program. Yet despite debates about the removal of judicial review, little is known about how often, and in what contexts, Congress has expressly precluded review. This Article provides new insights about express preclusion by conducting an empirical study of the U.S. Code. It creates an original dataset of laws that expressly preclude judicial review of …
Disharmony In Patent Law: A Comparative Study Of Patent Eligibility Of Biological Subject Matters Between China And The United States,
2024
Mitchell Hamline School of Law
Disharmony In Patent Law: A Comparative Study Of Patent Eligibility Of Biological Subject Matters Between China And The United States, Xiongying Tu
Cybaris®
Disharmonies in intellectual property rights have led countries, like China and the U.S., to implement patent laws tailored to their unique culture, values, and goals while complying with international treaties. China's exclusion of treatment and diagnosis methods from patent protection prioritizes healthcare accessibility, whereas the U.S.'s allowance of patentability fosters medical innovation. Similarly, China's exclusion of animal and plant patentability aligns with cultural and agricultural values, emphasizing resource accessibility and food security. Protecting genetic resources poses challenges, with China aligning its patent law proactively with the CBD principles and the U.S. prioritizing unrestricted access. China's approach to human stem cell …
Legislative Report: Protecting Lawful Streaming Act Of 2020,
2024
Mitchell Hamline School of Law
Legislative Report: Protecting Lawful Streaming Act Of 2020, Melissa Rezzag
Cybaris®
No abstract provided.
Arbitration As A Dispute Resolution Mechanism For Cross-Border Intellectual Propery Disputes,
2024
Mitchell Hamline School of Law
Arbitration As A Dispute Resolution Mechanism For Cross-Border Intellectual Propery Disputes, Kat Gritsenko
Cybaris®
No abstract provided.
From Global To Local: Abitron And The Altered Landscape Of U.S. Trademark Law,
2024
Mitchell Hamline School of Law
From Global To Local: Abitron And The Altered Landscape Of U.S. Trademark Law, Alex Furcich
Cybaris®
No abstract provided.
Masthead,
2024
Mitchell Hamline School of Law
Applying Current Copyright Law To Artificial Intelligence Image Generators In The Context Of Anderson V. Stability Ai, Ltd.,
2024
Mitchell Hamline School of Law
Applying Current Copyright Law To Artificial Intelligence Image Generators In The Context Of Anderson V. Stability Ai, Ltd., Matthew Lindberg
Cybaris®
No abstract provided.
Pocket Castles And Custom Skin: Championing Transparency In The Monetization Of User-Generated Content In Video Games,
2024
Mitchell Hamline School of Law
Pocket Castles And Custom Skin: Championing Transparency In The Monetization Of User-Generated Content In Video Games, Jakob Stokes
Cybaris®
No abstract provided.
Masthead,
2024
Mitchell Hamline School of Law
The Generative Ai Pirate? The Intersection Of Copyrights And Generative Ai In Literary Works,
2024
Mitchell Hamline School of Law
The Generative Ai Pirate? The Intersection Of Copyrights And Generative Ai In Literary Works, Brianne M. Culliton
Cybaris®
No abstract provided.
The Ungraceful Grace Period: Defining 35 U.S.C. § 102(B)'S Grace Period Exceptions Post-Helsinn,
2024
Mitchell Hamline School of Law
The Ungraceful Grace Period: Defining 35 U.S.C. § 102(B)'S Grace Period Exceptions Post-Helsinn, Adam Burstain
Cybaris®
No abstract provided.
African Americans And Women In The Us Ip Economy,
2024
Mitchell Hamline School of Law
African Americans And Women In The Us Ip Economy, Arneda K. Perkins
Cybaris®
No abstract provided.
