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Intellectual Property Law Commons

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The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro 2020 Seattle University School of Law

The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


Rethinking Fda Regulation Of Complex Products, Philip E. Alford 2020 University of Minnesota Law School 81818app手机版下载

Rethinking Fda Regulation Of Complex Products, Philip E. Alford

Minnesota Journal of Law, Science & Technology

81818app手机版下载No abstract provided.


Comment: Loosening The Grasp Of Restrictionby Allowing Multiple Claims In Design Patents, Samuel E. Kielar 2020 Buffalo Law Review 81818app手机版下载

Comment: Loosening The Grasp Of Restrictionby Allowing Multiple Claims In Design Patents, Samuel E. Kielar

Buffalo Law Review

81818app手机版下载No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn 2020 Hanken School of Economics

Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn

Copyright, Fair Use, Scholarly Communication, etc.

The preservation of the scholarly record has been a point of concern since the beginning of knowledge production. With print publications, the responsibility rested primarily with librarians, but the shift towards digital publishing and, in particular, the introduction of open access (OA) have caused ambiguity and complexity. Consequently, the long-term accessibility of journals is not always guaranteed, and they can even disappear from the web completely. The purpose of this exploratory study is to systematically study the phenomenon of vanished journals, something that has not been done before. For the analysis, we consulted several major bibliographic indexes, such as Scopus ...


Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones 2020 Warwick University 81818app手机版下载

Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

There is a growing consensus that we are at the start of a fourth industrial revolution, driven by developments in Artificial Intelligence, machine learning, robotics, the Internet of Things, 3-D printing, nanotechnology, biotechnology, 5G, new forms of energy storage and quantum computing. This wave of technical innovations is already having a significant impact on how research is conducted, with dramatic change across research methods in recent years within some disciplines, as this project’s interim report set out.

Whilst there are a wide range of technologies associated with the fourth industrial revolution, this report primarily seeks to understand ...


Copyright’S Memory Hole, Eric Goldman, Jessica Silbey 2020 Brigham Young University Law School

Copyright’S Memory Hole, Eric Goldman, Jessica Silbey

BYU Law Review

81818app手机版下载There is growing interest in using copyright to protect the privacy and reputation of people depicted in copyrighted works. This pressure is driven by heightened concerns about privacy and reputation on the Internet, plus copyright’s plaintiff-favorable attributes compared to traditional privacy and reputation torts.

The Constitution authorizes copyright law because its exclusive rights benefit society by increasing our knowledge. But copyright law is being misdeployed by suppressing socially valuable works in a counterproductive attempt to advance privacy and reputation interests. This results in “memory holes” in society’s knowledge, analogous to those discussed in George Orwell’s dystopian novel ...


Antitrust And Platform Monopoly, Herbert J. Hovenkamp 2020 University of Pennsylvania Carey Law School

Antitrust And Platform Monopoly, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

This article first considers an often-discussed question about large internet platforms that deal directly with consumers: Are they “winner take all,” or natural monopoly, firms? That question is complex and does not produce the same answer for every platform. The closer one looks at digital platforms they less they seem to be winner-take-all. As a result, we can assume that competition can be made to work in most of them.

81818app手机版下载Second, assuming that an antitrust violation is found, what should be the appropriate remedy? Breaking up large firms subject to extensive scale economies or positive network effects is generally thought ...


An Af(Fur)Mative Defense: Using Intellecutal Property As A Defense To Employment Discrimination In Mascot Hiring, Taylor Farr 2020 University of Arkansas, Fayetteville 81818app手机版下载

An Af(Fur)Mative Defense: Using Intellecutal Property As A Defense To Employment Discrimination In Mascot Hiring, Taylor Farr

Arkansas Law Review

81818app手机版下载"Until a character becomes a personality, it cannot be believed. Without personality, the character may do funny or interesting things, but unless people are able to identify themselves with the character, its actions seem unreal. And without personality, a story cannot ring true to the audience." Walt Disney1 Mascots 2 are different animals. They bring some of our favorite characters from screens, packages, and comic book pages to life. Moreover, mascots serve a particularly important role on university campuses, offering a point of communal continuity3 amid inevitable organizational changes. Although university buildings, athletes, faculty, and staff will eventually change, a ...


The State Of Journal Production And Access 2020: Report On Survey Of Society And University Publishers, 2020 Scholastica

The State Of Journal Production And Access 2020: Report On Survey Of Society And University Publishers

Copyright, Fair Use, Scholarly Communication, etc.

81818app手机版下载“The State of Journal Production and Access” survey ran between March and June 2020 and received 63 responses from individuals working with academic organizations that publish one or more peer-reviewed journals independently (i.e., not outsourced to a separate publisher). The survey encompassed questions in two areas: 1. journal production, including article formatting, layout, and metadata tagging practices and priorities; and 2. journal access, including publishers’ current access and funding models as well as respondents’ perceptions of the viability of alternate options. Among the main findings on the topic of journal production were: • Less than half of publishers surveyed reported ...


A List Of Zea Books, Published By University Of Nebraska-Lincoln Libraries, Zea Books 2020 University of Nebraska - Lincoln

A List Of Zea Books, Published By University Of Nebraska-Lincoln Libraries, Zea Books

Copyright, Fair Use, Scholarly Communication, etc.

94 published titles (2005-2020), plus 1 forthcoming this fall.

81818app手机版下载Zea Books are produced by the Office of Scholarly Communications, and published by the University of Nebraska-Lincoln Libraries.

With links to online pdf editions and Lulu.com print-on-demand online storefront.

Zea Books are online at

81818app手机版下载Print-on-demand editions are available @


Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl 2020 University of Pennsylvania Law School

Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl

Faculty Scholarship at Penn Law

University technology transfer offices (TTOs) are the gatekeepers to groundbreaking innovations sparked in research laboratories around the U.S. With a business model reliant on patenting and licensing out for commercialization, TTOs were positioned for upheaval when the America Invents Act (AIA) transformed U.S. patent law in 2011. Now almost ten years later, this article examines the AIA’s actual effects on this patent-centric industry. It focuses on the five key areas of most interest to TTOs: i) first to file priority; ii) broadening of the universe of prior art; iii) carve-out to the prior commercial use defense; iv ...


Local Police Surveillance And The Administrative Fourth Amendment, Fidler, Mailyn 2020 Santa Clara Law

Local Police Surveillance And The Administrative Fourth Amendment, Fidler, Mailyn

Santa Clara High Technology Law Journal

81818app手机版下载LOCAL POLICE SURVEILLANCE AND THE ADMINISTRATIVE FOURTH AMENDMENT


Analysis Of Woods And Myburgh Comments On Cab, Jonathan Band 2020 policybandwidth 81818app手机版下载

Analysis Of Woods And Myburgh Comments On Cab, Jonathan Band

Joint PIJIP/TLS Research Paper Series

81818app手机版下载On June 16, 2020, President Ramaphosa of the South African Republic referred the Copyright Amendment Bill (“CAB”) back to the National Assembly on the grounds that he had reservations concerning its constitutionality. In his referral letter, President Ramaphosa stated that the CAB may be in conflict with international intellectual property (IP) treaties South Africa had joined or was planning to join. CAB opponents’ arguments that the CAB is incompatible with IP treaties are based largely on comments prepared by Michele Woods, Director of the Copyright Law Division of the World Intellectual Property Organization, in 2018. Woods prepared these comments as ...


Antiracism Toolkit For Allies, 2020 Equity Toolkits

Antiracism Toolkit For Allies

Copyright, Fair Use, Scholarly Communication, etc.

While a growing awareness of racial disparities has resulted in a groundswell of support for inclusivity in scholarly publishing, we believe that the resulting initiatives would be more effective if our professional associations were able to provide training materials to help transform our workplaces and organizational cultures. As evidence of the interest and need, the project leaders of this guide have been contacted by individuals across scholarly publishing asking for resources about how to replicate workplace equity groups, what to do in cases of discrimination or microaggressions, and how to begin conversations about race. In support of necessary change, the ...


Microsoft-Nokia Merger Control In East Asia, Chuang, Luke Hung-Yu, Chao, Shih-Wei 2020 Santa Clara Law 81818app手机版下载

Microsoft-Nokia Merger Control In East Asia, Chuang, Luke Hung-Yu, Chao, Shih-Wei

Santa Clara High Technology Law Journal

81818app手机版下载MICROSOFT-NOKIA MERGER CONTROL IN EAST ASIA


The Pharmaceutical Industry’S Corrupt Price Discrimination System: A Single Solution?, Samuel F. Ernst 2020 Golden Gate University School of Law

The Pharmaceutical Industry’S Corrupt Price Discrimination System: A Single Solution?, Samuel F. Ernst

Publications

The patent exhaustion doctrine generally provides that when a patent holder sells or authorizes the sale of a patented product, the patent rights in that item are exhausted. The patent holder cannot chase the item down the stream of commerce to impose restrictions on its use or resale. One issue that arises is whether a domestic sale is required to trigger patent exhaustion, or if sales overseas can also trigger patent exhaustion. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) is agnostic on this question, providing that “nothing in this Agreement shall be used to address the issue ...


Silencing Innovation: The Patent Eligibility Of Sirna Therapeutics, Alexander M. Walker 2020 University of Minnesota Law School

Silencing Innovation: The Patent Eligibility Of Sirna Therapeutics, Alexander M. Walker

Minnesota Journal of Law, Science & Technology

No abstract provided.


Accessibility In Institutional Repositories, Laura Waugh, Colleen Lyon, Abigail Shelton, Kristi Park, William Hicks, Nerissa Lindsey 2020 Texas State University 81818app手机版下载

Accessibility In Institutional Repositories, Laura Waugh, Colleen Lyon, Abigail Shelton, Kristi Park, William Hicks, Nerissa Lindsey

Copyright, Fair Use, Scholarly Communication, etc.

Purpose

81818app手机版下载Institutional repositories (IRs) are widely used for archiving, preserving, and disseminating scholarly works and making them available on the web. Much of the research and development in IRs has focused on platforms, workflows, and policies for adding content. In this study, the focus is to gauge practices to ensure accessibility of the digital content made available in IRs.

The purpose of this study is to:

1. Understand the current landscape of accessibility practices in institutional repositories in academic libraries.

2. Identify the average level of content accessibility implemented in institutional repositories in academic libraries.

81818app手机版下载For the purpose of this ...


The Federal Circuit's Treatment Of Rule 12 Dismissals For Lack Of Patent Eligible Subject Matter, Andrew Kanel 2020 The University of Akron 81818app手机版下载

The Federal Circuit's Treatment Of Rule 12 Dismissals For Lack Of Patent Eligible Subject Matter, Andrew Kanel

Akron Law Review

81818app手机版下载After the Supreme Court’s decision in Alice Corp. v. CLS Bank, there has been an increase in Federal Rule of Civil Procedure (Rule) 12 motions to dismiss for lack of patentable subject matter. These motions are often granted at the district court level and are predominantly upheld by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit). This trend creates a hostile environment for inventors and patent holders and threatens to curb innovation in various areas including computer software, biotechnology, and medical diagnostics. The Federal Circuit’s current application of the Alice test at the Rule ...