Science and Technology Law Commons^™

Defend Trade Secrets Act And The Seizure Provision: Useful Or Superfluous?, 19 Uic Rev. Intell. Prop. L. 218 (2020), Sachin Bhatmuley

UIC Review of Intellectual Property Law

Over three years have passed since the Defend Trade Secrets Act (DTSA) was passed by Congress. One of the remarkable and ground-breaking provisions of the act was the ex parte seizure provision. With its inherent expediency and the element of surprise, the ex parte seizure provision found instant appeal among the trade secret owner community. But the opponents saw a provision ripe for abuse and anti-competitive behaviour. In the three years since its enactment, the ex parte seizure provision has been used sparingly. Plaintiffs have found other provisions equally effective or at least “good enough.” Even when plaintiffs sought ex …

The Yeezy Boost 350 Copyright Registrations: Did Kanye West Turn Justice Breyer's Fear Into A Reality?, 19 Uic Rev. Intell. Prop. L. 244 (2020), Dorien Clark

UIC Review of Intellectual Property Law

In the world of fashion, few have been able to gain copyright protection for their most ambitious and intricate designs. The useful article prohibition has long haunted designers and has left them with less desirable forms of protection, such as design patent or trade dress protections. Sympathetic to the artistic nature of many useful article designs, courts crafted varying standards to allow copyright protection for artistic aspects separable from the useful article. The Supreme Court articulated a new separability standard in Star Athletica v. Varsity Brands, which introduced a new chapter of copyright protection for useful articles. Although the standard …

Ncaa Down For The Count? New State Legislation Threatens Collegiate Sports As We Know It, 19 Uic Rev. Intell. Prop. L. 346 (2020), Joe Nelson

UIC Review of Intellectual Property Law

Since the 1950s, the NCAA’s amateurism shield has served as a stalwart protector in combatting litigation from athletes and coaches within its purview. They have faced many lawsuits since that time, with the overwhelming majority failing. As this comment shows, complaints have been of a wide variety such as antitrust, employment, and state action litigation. The amateurism principle was their defense in each of those situations. But now, many states have recently begun passing legislation that would allow student athletes to obtain compensation, in more ways than one. These statutes are a shot through the heart of the amateurism principle, …

Music Sampling And The De Minimis Defense: A Copyright Law Standard, 19 Uic Rev. Intell. Prop. L. 310 (2020), Adam Baldwin

UIC Review of Intellectual Property Law

No abstract provided.

Patents 254 Miles Up: Jurisdictional Issues Onboard The International Space Station, 19 Uic Rev. Intell. Prop. L. 365 (2020), Bill Warners

UIC Review of Intellectual Property Law

Over the past few decades, the emergence of private companies pursuing space exploration proves that venturing into the final frontier is no longer exclusive to government-run operations. From satellites to rocket boosters, billions of dollars worth of private property flies into space every year. However, the expansion of these private companies creates unique jurisdictional challenges for patenting private inventions and processes in outer space. This comment examines what jurisdictional claims and remedies arise when a private third-party commits patent infringement in an outer space jurisdiction that did not issue the patent.

What’S In A Name? Curver Luxembourg And Its Implications For Design Patents, 20 Uic Rev. Intell. Prop. L. 54 (2020), Zachary Shufro

UIC Review of Intellectual Property Law

No abstract provided.

Nonobviousness Standard For Promoting Ongoing Drug Discovery: A Lesson From Sanofi-Aventis U.S., Llc V. Dr. Reddy’S Laboratories, Inc, 20 Uic Rev. Intell. Prop. L. 1 (2020), Ping-Hsun Chen

UIC Review of Intellectual Property Law

No abstract provided.

Living Heritage, Stolen Meaning: Protecting Intangible Native American Cultural Resources Through The Right Of Publicity, 20 Uic Rev. Intell. Prop. L. 31 (2020), Shannon Price

UIC Review of Intellectual Property Law

No abstract provided.

Friend Or Foe: Amazon And The Role It Plays In The Fight Against Copyright Infringement Of Books, 20 Uic Rev. Intell. Prop. L. 87 (2020), Emily Ruzevich

UIC Review of Intellectual Property Law

No abstract provided.

Danning Zhu, How To Improve China’S Approach To Parallel Imports Of Goods Bearing Trademarks, 19 Uic Rev. Intell. Prop. L. 125 (2020), Danning Zhu

UIC Review of Intellectual Property Law

Parallel import, also known as grey market goods, refers to the act of importing goods to a country and selling in the country without the permission of the domestic owner of IP vested in the imported goods. The importer can obtain profits through the price differences between parallel imported products and domestic products of the same variety. China and the United States have huge differences in parallel import policies, even though both countries have participated in major international IP treaties. The United States requires that parallel imported goods bearing a genuine trademark or trade name registered in the United States …

Harry Potter & The "Chinese" Philosopher’S Stone: Deconstructing Copyright Piracy Through Shanzhai, 19 Uic Rev. Intell. Prop. L. 101 (2020), Mark Edward Blankenship Jr.

UIC Review of Intellectual Property Law

The United States still faces a disconnect with China regarding intellectual property piracy. Particularly, with regards to shanzhai copyrightable works of art, the U.S. labels these fake works as knock-offs, rip-offs, and counterfeits. However, China views shanzhai as a unique form of copying that embraces the “Chinese spirit,” due to its constant modification and hybridization, superior quality, transformativeness, and democratic energies. By understanding the peculiarities of shanzhai, both physical and abstract, as well as China’s copyright law and tradition, this paper proposes ways on how China can improve their copyright laws to improve how shanzhai is perceived and to curb …

Is The Emperor Still Far Away? Centralization, Professionalization, And Uniformity In China's Intellectual Property Reforms, 19 Uic Rev. Intell. Prop. L. 145 (2020), William Weightman

UIC Review of Intellectual Property Law

As China’s rapid economic growth continues to slow, the Chinese Communist Party now seeks to promote innovation as the engine of future development. With this new economic agenda, reforms to China’s intellectual property rights (IPR) regime have emerged as a key policy domain as China attempts to build market-supporting institutions and improve law enforcement capabilities. By reviewing the legal frameworks supporting specific judicial reforms and through non-randomized, semistructured field interviews with lawyers, IP officials, and industry representatives, this article analyzes how China’s evolving legal institutions are increasing central control in the IP adjudication process, building judicial professionalism, and ensuring uniformity …

So Are Games Coffee Mugs Or What? Games And The Right Of Publicity Revisited, 19 Uic Rev. Intell. Prop. L. 178 (2020), William K. Ford

UIC Review of Intellectual Property Law

In Brown v. Entertainment Merchants Association, 564 U.S. 786 (2011), the U.S. Supreme Court held that video games are equivalent to other forms of media for First Amendment purposes. This decision should have put video games in the same category as other forms of non-commercial, expressive speech for purposes of the right of publicity. This article reviews the post-Brown decisions to determine the current place of video games within the caselaw. The result of that review is that games are still in a transitional stage, no longer merchandise as a matter of doctrine, but not yet receiving the same treatment …

Protecting Genetic Identity With The Right Of Publicity: Applying California's Common Law Right Of Publicity To Direct-To-Consumer Genetic Testing, Steven A. Fisher

American University Law Review

The completion of the Human Genome Project has and will continue to spur extraordinary innovation in the realm of genetics. One such innovation was the rise of commercial, direct-to-consumer (DTC) genetic testing, which allows consumers to learn about their origin, family, and disease predisposition, all by paying a modest sum and providing a tube of saliva. But the hidden cost is more severe: forfeiture of control over one’s genetic identity. DTC genetic companies have exploited this vulnerability, entering into data-sharing agreements worth hundreds of millions of dollars.

This Comment argues that DTC genetic testing companies who sell and share consumers’ …

Crispr And The Future Of Fertility Innovation, June R. Carbone

SMU Science and Technology Law Review

No abstract provided.

Crispr Parents And Informed Consent, Naomi Cahn

SMU Science and Technology Law Review

No abstract provided.

Consumer Protections In The Context Of Holistic Healthcare, Rachel Pauerstein

SMU Science and Technology Law Review

No abstract provided.

In Re Zhu: Implied Consent To Posthumous Sperm Retrieval, Mary Kathryn Sapp

SMU Science and Technology Law Review

No abstract provided.

Electric Vehicles, Infrastructure Electrification And The Urban-Rural Divide, Nathan Reck

SMU Science and Technology Law Review

No abstract provided.

Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali

SMU Science and Technology Law Review

No abstract provided.