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Garcia v. Google (Again): Fixing Copyright?

Prof. Randal C. Picker, University of Chicago Law School June 5, 2015 On May 18, the U.S. Court of Appeals for the Ninth Circuit issued its eagerly awaited en banc opinion in Garcia v. Google.  More than a year ago, in a 2-to-1 decision, the Ninth Circuit had found that Garcia had a sufficient likelihood [...]

By |2018-06-06T11:35:56-04:00June 5th, 2015|Intellectual Property Issues|Comments Off on Garcia v. Google (Again): Fixing Copyright?

Trademark Law As an Agency Problem – Part I

Prof. James Gibson, University of Richmond School of Law May 6, 2015 A few months ago, my IP Issues entry demonstrated that the exclusive rights that trademark law provides are rooted in consumer welfare – in the need to ensure that consumers are able to distinguish one producer’s goods from those of its competitors.  In [...]

By |2018-06-06T11:34:49-04:00May 6th, 2015|Intellectual Property Issues|Comments Off on Trademark Law As an Agency Problem – Part I

The Washington Redskins, The Slants, And a Land Where Often Is Heard a Disparaging Word

Prof. Rodney A. Smolla, University of Georgia Law School April 28, 2015 May the Patent and Trademark Office deny trademark protection for a mark that it deems disparaging to members of certain racial or ethnic groups?  The issue has been most famously posed by the Washington Redskins trademark litigation, a dispute of Dickensian expanse that [...]

By |2018-07-04T13:08:15-04:00April 28th, 2015|Intellectual Property Issues|Comments Off on The Washington Redskins, The Slants, And a Land Where Often Is Heard a Disparaging Word

Speaking Meanly

Prof. Doug Lichtman, UCLA School of Law April 23, 2015 Every year, I close my “survey” intellectual property course by spending a few days talking about trademark law.  My main message is that trademark law is a legal regime designed to facilitate clear communication.  I point out that it would be monstrously difficult were I [...]

By |2018-05-01T14:44:42-04:00April 23rd, 2015|Intellectual Property Issues|Comments Off on Speaking Meanly

The Next Great Copyright Act: Remember the Authors! (II)

Prof. Jane C. Ginsburg, Columbia University School of Law April 6, 2015 In a previous column (Feb. 17, 2015), I urged that any copyright reform legislation that emerges from the preparations for “the next great copyright act” should ensure both authors’ attribution and economic interests.  The earlier column addressed attribution; this column will consider remuneration, [...]

By |2018-07-03T17:45:18-04:00April 6th, 2015|Intellectual Property Issues|Comments Off on The Next Great Copyright Act: Remember the Authors! (II)

Is There a Fundamental Right to Intellectual Property?

Prof. Robert P. Merges, University of California at Berkeley School of Law March 27, 2015 For many in the field of intellectual property law (IP), my article title would be either a wry joke or the lead-in to one of the world’s shortest articles.  (Its full text would read: “No.”)  I, however, am going to [...]

By |2018-07-04T13:09:00-04:00March 27th, 2015|Intellectual Property Issues|Comments Off on Is There a Fundamental Right to Intellectual Property?

Delivering Packages (on the Internet)

Prof. Randal C. Picker, University of Chicago Law School March 16, 2015 On Feb. 26, 2015, the Federal Communications Commission announced its new Open Internet Rules (what the rest of the world calls network neutrality), but it didn’t actually release the rules until this past Thursday, March 12, 2015.  The rules themselves are quite short, [...]

By |2018-05-01T15:39:34-04:00March 16th, 2015|Intellectual Property Issues|Comments Off on Delivering Packages (on the Internet)

The Invention of the Software Patent

Prof. Randal C. Picker, University of Chicago Law School February 25, 2015 Software patents are extraordinarily controversial.  In 2011, the White House was asked through its online petition set-up to direct the patent office to cease issuing software patents.  The White House declined, noting that Congress was in charge of the general scope of patent [...]

By |2018-05-01T15:43:11-04:00February 25th, 2015|Intellectual Property Issues|Comments Off on The Invention of the Software Patent

Authors’ Rights Under the ‘Next Great Copyright Act’

Prof. Jane C. Ginsburg, Columbia University School of Law February 17, 2015 When our nation’s Founders were heading to the Continental Congress, Abigail Adams entreated husband John to “remember the Ladies.”  We know what became of that plea.  So, as the prospect of “the next great copyright act” sparks Copyright Office and PTO studies, congressional [...]

By |2018-07-03T17:46:26-04:00February 17th, 2015|Intellectual Property Issues|Comments Off on Authors’ Rights Under the ‘Next Great Copyright Act’

Looking Backward: Historical Patent Pools and Contemporary Policy

Prof. Robert P. Merges, University of California at Berkeley School of Law February 12, 2015 Patent pools have captured the attention of lawyers, economists, and historians for a long time.  For many, they represent a dangerous solution to the transaction costs associated with clearing and licensing many patents.  The danger arises because pools are formed [...]

By |2018-07-04T13:09:43-04:00February 12th, 2015|Intellectual Property Issues|Comments Off on Looking Backward: Historical Patent Pools and Contemporary Policy
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