Intellectual Property Law Commons^™

Two Decades Of Trips In China, Peter K. Yu

Faculty Scholarship

This chapter reviews China’s engagement with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the past twenty years. It begins by highlighting TRIPS-related developments in the first decade of China’s WTO membership. The chapter then discusses the country’s ‘innovative turn’ in the mid-2000s and the ramifications of its changing policy positions. This chapter continues to examine the US-China trade war, in particular the second TRIPS complaint that the United States filed against China in March 2018. It concludes with observations about the impact of the TRIPS Agreement on China, China’s impact on that agreement and how the …

Comments On Preliminary Draft 9, Shyamkrishna Balganesh, Jane C. Ginsburg, Peter S. Menell

Faculty Scholarship

We are writing to offer our views on Preliminary Draft No. 9 (“PD9”) and express our deep and persistent concern about the direction and methodology that the Project continues to take, which we have sought to address and remedy at multiple points over the last several years. The elements of PD9 that we describe below are, in our view, particularly striking illustrations of the problems that we have previously identified. The gravity and salience of PD9’s problems are borne out in the comments of Judge Pierre Leval, who describes elements of the draft as requiring “a substantial editing and rewriting.” …

Additional Comments On Preliminary Draft 9, Jane C. Ginsburg

Faculty Scholarship

I am adding to the comments submitted by Profs. Balganesh, Menell and myself a list of points in PD9 that I believe require correction or clarification. These comments do not include Chapters 8, 10 or 11.

Architects, Artists, Photographers, Property Owners, The Public And Their Rights: Reconciling Vara, The Awcpa, And Copyright Fundamentals, David E. Shipley

Scholarly Works

Murals, sculpture, and other works of visual art have been parts of buildings, monuments and other structures for centuries, but copyright infringement litigation in the federal courts between artists, architects, photographers, and building owners is a relatively recent phenomenon. The outcome of these lawsuits has an impact on the public seeing works of visual art; experiencing works of visual art on buildings, monuments, and structures; and, looking at photographs of visual art on or in those architectural works. This article focuses on how the Copyright Act’s protection of artists’ rights in their works of visual art on buildings under the …

The Franchise Era: Hollywood’S Reuse Of Ip, Cardozo Intellectual Property Law Society, Cardozo Entertainment Law Society, Cardozo Fame Center

2023–2024 Flyers

Join the IP Law Society and the Entertainment Law Society for the first panel of the semester! After a summer that started with the Super Mario Bros. movie and ended with the Barbie movie, this panel examines if Hollywood’s obsession with franchises is killing creativity, the movie star, the writers’ room, and the industry at large. Led by lawyers in the TV/film and branding industries, this panel aims to teach about the legal framework that allows for these franchises and how lawyers can provide for protections and allowances in contracts.

Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan

Brooklyn Journal of International Law

Deepfake technology is becoming increasingly sophisticated, and with it, the potential to pose a significant threat to the digital community, democratic institutions, and private individuals. With the creation of highly convincing but entirely fabricated audio, video, and images, there is a pressing need for the international community to address the vulnerabilities posed by deepfake technology in the current legal landscape through unambiguous legislation. This Note explores the ethical, legal, and social implications of deepfakes, including issues of privacy, identity theft, and political manipulation. It also reviews existing international legal frameworks, i.e., the Convention on Cybercrime (“Budapest Convention”) and proposes a …

A Conversation With Professor Dov Greenbaum (Reichman University), Cardozo Intellectual Property & Information Law Program

2023–2024 Flyers

Join us for a conversation with Prof. Dov Greenbaum of the Harry Radzyner Law School at Reichman University in Herzliya, Israel. Professor Dov Greenbaum directs Reichman University’s Zvi Meitar Institute for Legal Implications of Emerging Technologies and is an adjunct professor at Yale University in Molecular Biophysics and Biochemistry. Dr. Greenbaum holds degrees and postdocs from Yeshiva University, Yale, UC-Berkeley, Stanford, and ETH Zurich. His doctoral research focused on informatics and big data. Before academia, he practiced law in Silicon Valley and in Israel.

Making Data Management Plans Machine Actionable: Templates And Tools, Joakim Philipson, Adil Hasan, Hanne Moa

Copyright, Fair Use, Scholarly Communication, etc.

Since September of 2019, a task group within the European Open Science Cloud - EOSC Nordic Project, work-package 5 (T5.3.2), has focused its attention on machine-actionable Data Management Plans (maDMPs). A delivery working-paper from the group (Hasan et al. 2021) concluded in summary that extracting useful information from traditional free-text based DMPs is problematic. While maDMPs are generally more FAIR compliant, and as such accessible to both humans and machines, more interoperable with other systems, and serving different stakeholders for processing, sharing, evaluation and reuse. Different DMP tools and templates have developed independently, to a varying degree, allowing for the …

The Library & Generative Ai, Nat Gustafson-Sundell, Mark Mccullough

Library Services Publications

A demonstration of several AI tools, including ChatGPT, ChatPDF, Consensus, and more. The focus of the session is on potential student uses of the tools and related library initiatives, so we address the limits of ChatGPT as an information source. Librarians can help students learn how to use these tools responsibly and provide leadership on campus as AI is integrated into assignments.

Penerapan Doktrin Fair Use Pada Penayangan Cuplikan Film Tanpa Izin Dalam Video Ulasan Film Pada Platform Youtube Di Indonesia, Fadhilah Pijar Ash Shiddiq

Technology and Economics Law Journal

No abstract provided.

Pencipta Novel Terjemahan Berdasarkan Doktrin Originality Berdasarkan Novel Harry Potter Terjemahan Bahasa Indonesia, Therecia Fransisca Tarigan, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Pembatasan Hak Cipta Terkait Remix Lagu Berdasarkan Doktrin Fair Use Dan Undang- Undang Nomor 28 Tahun 2014 Tentang Hak Cipta, Anastasia Theresia Puspasari, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Kejahatan Siber Terhadap Individu: Jenis, Analisis, Dan Perkembangannya, Russel Butarbutar

Technology and Economics Law Journal

No abstract provided.

Analisis Yuridis Terkait Perlindungan Hak Kekayaan Intelektual Dalam Hak Cipta Oleh Penyelenggara Marketplace Token Nft, Bagas Darmawan, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Kajian Hukum Implementasi Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Terkait Perlindungan Hak Cipta Ceramah Agama, Muhammad Fauzi Rais Lutfi, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Implementing Informatics Tools With Data Management Plans For Disease Area Research, Vivek Navale, Matthew Mcauliffe

Copyright, Fair Use, Scholarly Communication, etc.

Data Management Plans (DMPs) are essential to a research data life cycle. The DMPs should be developed as part of the research programs to be effective. For disease area research, integrating research community-recommended data standards during collection can enhance the likelihood of data reuse. Informatics tools are required as part of DMPs with the aim of data being findable, accessible, interoperable, and reusable.

The US National Institutes of Health supports various disease area research programs and has recently finalized the Data Management and Sharing Policy. The policy highlights the importance of sharing data and metadata, including information on various elements …

Cardozo Hosts 2023 Intellectual Property Scholars Conference, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Featuring nearly 200 professors, lawyers from private practice and industry, and government and public policy professionals, Cardozo School of Law hosted the 2023 Intellectual Property Scholars Conference (IPSC) on August 3-4.

Vested Patents And Equal Justice, Adam Macleod

Catholic University Law Review

In a time of renewed interest in equal justice, the vested patent right may be timely again. Vested patent rights helped marginalized Americans to secure equal justice earlier in American history. And they helped to make sense of the law. Vested patent rights can perform those tasks again today.

The concept of vested rights render patent law coherent. And it explains patent law’s interactions with other areas of law, such as property, administrative, and constitutional law. The vested rights doctrine also can serve the requirements of equal justice, as it has several times in American history. Vested rights secure justice …

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.