Recent Articles on Copyright
INTELLECTUAL PROPERTY INDEMNITY CLAUSES
The practices associated with intellectual property indemnity can be traced in part to Article 2 of the Uniform Commercial Code. At the dawn of the computer age, practitioners searched for legal models that they could use for transactions in intangible rights and products such as computer software. Although computer software did not fit easily into the “sale of... Read More
DEFENSELESS IN THE ZOMBIE INFESTED INTERNET: WHY AUDIO-VISUAL WORKS DEMAND EXEMPTION UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
Before Flash ruled the media-streaming world, and when iTunes simply did not exist, there was Monkey Island II: LeChuck’s Revenge (“Monkey Island”). Aside...
DIGITAL COPYRIGHT, “FAIR ACCESS” AND THE PROBLEM OF DRM MISUSE
The advent of the digital age and the wide diffusion of copyrighted works over the Internet have brought about a drastic challenge to the pre-existing rules and legal...
DIGITAL SAMPLING OF MUSIC AND COPYRIGHTS: IS IT INFRINGEMENT, FAIR USE, OR SHOULD WE JUST FLIP A COIN?
D.J. Girl Talk is one of the budding artists in the music industry today, and his instrument is a laptop. D.J. Girl Talk (hereinafter also referred to as “Girl...
Recent Articles on Trademark
GEOGRAPHICAL INDICATIONS: WHICH WAY SHOULD ASEAN GO?
‘Geographical Indications’ (GIs) under the Trade-Related Aspects of Intellectual Property Rights (hereafter TRIPS) has been the subject of vigorous scholarly debate across the world in the last decade. The TRIPS is the first multilateral text providing for a comprehensive protection of GIs. It provides for (a) a base-level protection for geographic indications related... Read More
A CONSTITUTIONAL RIGHT TO DECEIVE?: THE FIRST AMENDMENT IMPLICATIONS OF REGULATING PAY PER CLICK
Mainstream search engines derive their principal source of revenue from advertising. [1] Pay Per Click Advertising (hereinafter “Paid Placement”) is one of the most...
IS GENERICIDE A MATTER OF FACT OR OF MERIT?
In Bayer Co. v. United Drug Co., one of the most well-known genericide cases, Learned Hand famously pronounced: The single question, as I view it, in all these...
“FAIR USE” TRUMPS LIKELIHOOD OF CONFUSION IN TRADEMARK LAW THE SUPREME COURT RULES IN KP PERMANENT v. LASTING IMPRESSION
In KP Permanent Make-Up, Inc., v. Lasting Impression I, Inc., the U.S. Supreme Court held that a defendant asserting the affirmative defense of fair use in response to a...
Recent Articles on Patent
INTELLECTUAL PROPERTY INDEMNITY CLAUSES
The practices associated with intellectual property indemnity can be traced in part to Article 2 of the Uniform Commercial Code. At the dawn of the computer age, practitioners searched for legal models that they could use for transactions in intangible rights and products such as computer software. Although computer software did not fit easily into the “sale of... Read More
DO BUSINESS METHOD PATENTS ENCOURAGE INNOVATION?
Although the United States Patent and Trademark Office (“PTO”) had issued business method patents (“BMPs”) prior to 1999, the decisions of the United States...
DOSAGE PATENTING IN PERSONALIZED MEDICINE
Inventions for dosage regimens often arise after the pharmaceutical product has been dosed in patients and more information is known about the in vivo and...
PATENT LITIGATION: WHAT ABOUT QUALIFICATION STANDARDS FOR COURT APPOINTED EXPERTS?
Abstract–“The descriptions in patents are not addressed to the public generally, to lawyers or to judges, but, as [35 U.S.C.] section 112 states, to those...
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