Topic
Intellectual Property
Posts
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ArticleVol. 102 · Iss. 4
The Invention Myth
Patent law is, at its heart, all about the invention. Determining who qualifies as an inventor defines who controls the exclusory right conferred by…
Sean B. Seymore -
NoteVol. 102 · Iss. 4
Toward a Modernized Fair Use Standard for Parody: Harmonizing Campbell v. Acuff-Rose Music, Inc. with Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
On a black box stage, women donning beanies imbibe cans of hard seltzer at a slumber party. A few moments later, a crowd of…
Maria Crusey -
ArticleVol. 102 · Iss. 3
Ameliorative Infringement and Public Interest Damages
Examining the field of trademark law, this article contemplates the potential commercial benefits of infringement—to the holder of the infringed-on mark. Infringement may benefit…
Karl M.F. Lockhart -
CommentaryVol. 102 · Iss. 3
Grading Patents
In this Article, we offer a new design for our patent system with a view to optimize its functioning. As multiple patent scholars have…
Roy Baharad & Gideon Parchomovsky -
ArticleVol. 102 · Iss. 2
Compounding Inequities Through Drug IP and Unfair Competition
In 2024, the United States experienced its worst drug shortage in over a decade—more than 300 drugs are in shortage, leaving patients without access…
Shweta Kumar -
NoteVol. 100 · Iss. 5
Infringing Influencers: How to Fairly Protect Brands’ Trademarks on Social Media
Introduction Over the past two decades, social media has increasingly become a fundamental component of Americans’ lives, with more than seven out of ten…
Peter Kotecki -
ArticleVol. 100 · Iss. 4
The Macroeconomics Of Intellectual Property
Abstract Intellectual property is understood to have an economic rationale: supplying incentives for innovation and for the creation and dissemination of knowledge and information.…
Eric E. Johnson -
NoteVol. 100 · Iss. 4
WIPO Arbitration: A Promising Solution to the Injunction Chaos of Frand Disputes
Introduction The legal battles in the telecommunications industry are fierce. The fact that no single industrial player is the single global leader in 5G…
Yi Chen -
NoteVol. 100 · Iss. 2
Digitize or Die: The Quixotic Battle for Camouflage Patterns in the United States Military
Abstract Military uniforms serve a multitude of purposes in the twenty-first century. In the United States, they are a ubiquitous symbol of patriotism and…
Thomas R. Farrell -
ArticleVol. 99 · Iss. 5
What Litigators Can Teach the Patent Office About Pharmaceutical Patents
Pharmaceutical patents listed in the FDA’s “Orange Book” are some of the most valuable patents in the world. Accordingly, for this valuable subset of…
S. Sean Tu & Mark A. Lemley -
NoteVol. 99 · Iss. 5
The $500 eBook: How Copyright and Antitrust Law Failed America’s Libraries Extending First Sale Doctrine Protections To Libraries’ eBook Purchases Or Implementing Price Caps As Alternative Solutions To Lower eBook Costs
INTRODUCTION Libraries are a fixture in American communities that people sometimes take for granted. People expect to find books on the shelves, computers for…
Ali Petot -
ArticleVol. 99 · Iss. 1
Churn
ABSTRACT From biopharmaceuticals to information technology, patents play a powerful role in the birth, death, and renewal of innovative industries. While patent scholarship has…
Peter Lee