Cryptic Patent Reform Through The Inflation Reduction Act,
2023
Duke University
Cryptic Patent Reform Through The Inflation Reduction Act, Arti K. Rai, Rachel Sachs, Nicholson Price
Law & Economics Working Papers
If a statute substantially changes the way patents work in an industry where patents are central, but says almost nothing about patents, is it patent reform? We argue the answer is yes — and it’s not a hypothetical question. The Inflation Reduction Act (IRA) does not address patents, but its drug pricing provisions are likely to prompt major changes in how patents work in the pharmaceutical industry. For many years scholars have decried industry’s ever-evolving strategies that use combinations of patents to block competition for as long as possible, widely known as “evergreening,” but legislators have not been receptive to …
Certificates Of Correction And Aia Trials,
2023
Chicago-Kent College of Law
Certificates Of Correction And Aia Trials, Andrew Kerrick
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Patent Trial And Appeal Board: A Heightened Call For Transparency,
2023
Chicago-Kent College of Law
The Patent Trial And Appeal Board: A Heightened Call For Transparency, Nicole Bruner
Chicago-Kent Journal of Intellectual Property
No abstract provided.
What Covid-19 Retail Bankruptcies Can Teach Us About Intellectual Property In A Post-Pandemic World,
2023
Pepperdine University
What Covid-19 Retail Bankruptcies Can Teach Us About Intellectual Property In A Post-Pandemic World, Brenna Arbuckle
The Journal of Business, Entrepreneurship & the Law
Both IP and bankruptcy laws are quite complex. With that in mind, this comment will narrowly focus on what retail bankruptcies amid COVID-19 can teach us about the value of IP, particularly trademarks and trade secrets, post-pandemic. Part II of this comment explores the relevant legal background, in particular IP and bankruptcy laws. Part III provides context regarding the retail industry and delves into relevant pre-pandemic trends. Further, Part IV discusses the impact of COVID-19 on the retail industry, particularly on consumer behaviors and bankruptcy bids. Part IV details lessons from such bankruptcies and the possible impacts on the industry …
From Hashtag To Hash Value: Using The Hash Value Model To Report Child Sex Abuse Material,
2023
Seattle University School of Law
From Hashtag To Hash Value: Using The Hash Value Model To Report Child Sex Abuse Material, Jessica Mcgarvie
Seattle Journal of Technology, Environmental, & Innovation Law
In the summer of 2021, Apple announced it would release a Child Safety Feature (CSF) aimed at reducing Child Sex Abuse Materials (CSAM) on its platform. The CSF would scan all images a user uploaded to their iCloud for CSAM, and Apple would report an account with 30 or more flagged images to the National Center for Missing and Exploited Children. Despite Apple’s good intentions, they received intense backlash, with many critics arguing the proposed CSF eroded a user’s privacy. This article explores the technology behind Apple’s CSF and compares it to similar features used by other prominent tech companies. …
A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1),
2023
Seattle University School of Law
A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), Jay Conrad
Seattle Journal of Technology, Environmental, & Innovation Law
A New Right is the Wrong Tactic: Bring Legal Actions Against States for Internet Shutdowns Instead of Working Towards a Human Right to the Internet (Part 1) is the first of a two-part series dealing with an increasingly prevalent threat to human rights: State-sanctioned Internet shutdowns. Part 1 details the current tactics and impacts of Internet shutdowns and which human rights are most likely to be violated by or during a shutdown. Part 2 will address the deficiencies of advocating for Internet access to be a recognized human right as a means of combatting shutdowns. Despite the popularity of this …
Texas’ War On Social Media: Censorship Or False Flag,
2023
DePaul University College of Law
Texas’ War On Social Media: Censorship Or False Flag, Leni Morales
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc.,
2023
DePaul University College of Law
Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc., Francis Brefo
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Aclu V. Clearview Ai, Inc.,,
2023
DePaul University College of Law
Aclu V. Clearview Ai, Inc.,, Isra Ahmed
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution,
2023
DePaul University College of Law
How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Thaler V. Vidal, 43 F.4th 1207 (Fed. Cir. 2022),
2023
DePaul University College of Law
Thaler V. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), Matthew Messina
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims And Remedies,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims And Remedies, Marketa Trimble
Media & Informal Publications
Professor Trimble delivered a presentation for the International Dimension of Intellectual Property Disputes conference.
The topic relates to Professor Trimble's article The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims and Remedies.
Enhancing The Battleverse: The People’S Liberation Army’S Digital Twin Strategy,
2023
University of South Florida
Enhancing The Battleverse: The People’S Liberation Army’S Digital Twin Strategy, Joshua Baughman
Military Cyber Affairs
No abstract provided.
Operationalizing Deterrence By Denial In The Cyber Domain,
2023
University of South Florida
Operationalizing Deterrence By Denial In The Cyber Domain, Gentry Lane
Military Cyber Affairs
No abstract provided.
Dystopian Trademark Revelations,
2023
University of Connecticut
Dystopian Trademark Revelations
Connecticut Law Review
Uncovering dystopian technologies is challenging. Nondisclosure agreements, procurement policies, trade secrets, and strategic obfuscation collude to shield the development and deployment of these technologies from public scrutiny until it is too late to combat them with law or policy. But occasionally, exposing dystopian technologies is simple. Corporations choose technology trademarks inspired by dystopian philosophies and novels or similar elements of real life—all warnings that their potential uses are dystopian as well. That pronouncement is not necessarily trumpeted on social media or corporate websites, however. It is revealed in a more surprising place: trademark registrations at the U.S. Patent and Trademark …
Patent Office Power And Discretionary Denials,
2023
University of Connecticut
Patent Office Power And Discretionary Denials
Connecticut Law Review
One of the most divisive and debated issues in patent law in recent years has been the Patent Office’s practice of denying petitions for inter partes review (IPR)—the Patent Office proceeding to review and cancel wrongfully issued patents—on discretionary procedural grounds, such as duplicative Patent Office proceedings or the existence of advanced parallel litigation. On the surface, the discretionary denial practice seems like an odd candidate to provoke such fierce opposition. Discretionary denials have affected a small percentage of IPR petitions without making any changes to the features that have made IPRs so effective at invalidating “bad” patents. As a …
Erasmian Perspectives On Copyright: Justifying A Right To Research,
2023
University of Bristol, School of Law
Erasmian Perspectives On Copyright: Justifying A Right To Research, Tania Cheng-Davies
Joint PIJIP/TLS Research Paper Series
The right to research exists in many jurisdictions as an exception to copyright infringement but unharmonized and inconsistent in its application, with no universal understanding or acceptance of how such a right should be framed. Researchers face unknown and uncertain obstacles in accessing research and scholarly works, which in turn frustrates their own research and development. While copyright law has increasingly strengthened in scope and duration over time, there has been a reactive backlash to this in the form of calls for a more balanced copyright regime, including the recognition of a clear right to research. The keys to understanding …
Measuring Change In Copyright Exceptions For Text And Data Mining,
2023
American University Washington College of Law
Measuring Change In Copyright Exceptions For Text And Data Mining, Michael Palmedo, Momina Imran, Miguel Alvarenga, Luca Schirru, Duc Le
Joint PIJIP/TLS Research Paper Series
Copyright exceptions for researchers are under debate at the World Intellectual Property Organization and within domestic governments, yet empirical research in this area is rare. In this early working paper, we aim to add to this nascent body of research. We expand PIJIP’s previous review and classification of copyright exceptions in WIPO Members’ laws by tracing changes in the laws over time. We find that most countries have copyright exceptions allowing some unauthorized uses for research purposes. However, most countries’ exceptions restrict some mix of the users, uses, or types of works that are allowed. High-income countries tend to be …
Compliance Of National Tdm Rules With International Copyright Law: An Overrated Nonissue?,
2023
University of Amersterdam
Compliance Of National Tdm Rules With International Copyright Law: An Overrated Nonissue?, Martin Senftleben
Joint PIJIP/TLS Research Paper Series
Seeking to devise an adequate regulatory framework for text and data mining (TDM), countries around the globe have adopted different approaches. While considerable room for TDM can follow from the application of fair use provisions (US) and broad statutory exemptions (Japan), countries in the EU rely on a more restrictive regulation that is based on specific copyright exceptions. Surveying this spectrum of existing approaches, lawmakers in countries seeking to devise an appropriate TDM regime may wonder whether the adoption of a restrictive approach is necessary in the light of international copyright law. In particular, they may feel obliged to ensure …
United States Questionnaire Answers: Concerning Artificial Intelligence, Copyright And Related Rights,
2023
Columbia Law School, Kernochan Center for Law Media and the Arts
United States Questionnaire Answers: Concerning Artificial Intelligence, Copyright And Related Rights, Philippa Loengard
Kernochan Center for Law, Media, and the Arts
ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980's by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan.
