Hovenkamp, Erik, Challenge Restraints and the Scope of the Patent (November 8, 2016). Available for download at SSRN: https://ssrn.com/abstract=2866630 “Patent rights are not the only important legal entitlements conferred by the Patent Act. It also vests “challenge rights” in third parties, permitting them to challenge granted patents as invalid or uninfringed, and potentially clearing a… Continue Reading
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Category Archives: Intellectual Property
Accenture Survey – One in Three Cyberattacks Result in a Security Breach
“A new security survey from Accenture finds that in the past twelve months, roughly one in three targeted attacks resulted in an actual security breach, which equates to two to three effective attacks per month for the average company. Still, a majority of security executives (75 percent) surveyed are confident in their ability to protect… Continue Reading
Finding the Public Domain – The Copyright Review Management System
Issue Brief – Finding the Public Domain – The Copyright Review Management System, Melissa Levine, Lead Copyright Officer, University of Michigan, Ithaka S+R. October 26, 2016. “The public domain is the ultimate open access. It is key to the bargain of copyright. Rather simplistically, in order to incentivize authors to produce works, the public, through… Continue Reading
Authors Alliance and Internet Archive Team Up to Make Books Available
Internet Archive Blog, Michael Wolfe, Executive Director, Authors Alliance – “To write a book takes time, effort, more often than not, love. Happily, books are built to last, and with the proper stewardship remain relevant, provide insight and information, or entertain for generations. So why is it that, when the internet provides more avenues than… Continue Reading
TorrentFreak – Elsevier Wants CloudFlare to Expose Pirate Sites
Follow up to previous posting, Controversy over free journal access database keeps Sci-Hub in legal and research spotlight – Via TorrentFreak – PDF copy of Memorandum of Law in Support of Plaintiffs’ Application for Leave to Take Expedited Discovery – Elsevier Inc., Elsevier B.V., and Elsevier Ltd. v Sci-Hub d/b/a ww.sci-hub.org, The Library Genesis Project… Continue Reading
GAO – Patent Office Has Opportunities to Further Improve Application Review and Patent Quality
Intellectual Property: Patent Office Has Opportunities to Further Improve Application Review and Patent Quality, GAO-16-883T: Published: Sep 16, 2016. Publicly Released: Sep 16, 2016. “U.S. Patent and Trademark Office (USPTO) examiners face a variety of challenges in reviewing patent applications and issuing high quality patents. Some challenges affect examiners’ ability to complete a thorough review… Continue Reading
EFF – EU copyright ruling has far reaching impact on copyright and deep linking
EFF – “In a case which threatens to cause turmoil for thousands if not millions of websites, the Court of Justice of the European Union decided today that a website that merely links to material that infringes copyright, can itself be found guilty of copyright infringement, provided only that the operator knew or could reasonably… Continue Reading
CRS – Stealing Trade Secrets and Economic Espionage
Stealing Trade Secrets and Economic Espionage: An Overview of the Economic Espionage Act, Charles Doyle, Senior Specialist in American Public Law. August 19, 2016. “Stealing a trade secret is a federal crime when the information relates to a product in interstate or foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended… Continue Reading
Antitrust and Intellectual Property: A Brief Introduction
Hylton, Keith N., Antitrust and Intellectual Property: A Brief Introduction (August 19, 2016). Boston Univ. School of Law, Law and Economics Research Paper No. 16-32. Available for download at SSRN: http://ssrn.com/abstract=2826636 “Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to… Continue Reading
The Federal Circuit Rules on Trademarks Considered Offensive
CRS Reports & Analysis Legal Sidebar – The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute. August 4, 2016. “Two separate cases involving the revocation of the Washington Redskins’ federally registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band’s name (In re Tam) raise… Continue Reading
Inspection of Federal Computer Security at US Department of the Interior
Inspection of Federal Computer Security at the U.S. Department of the Interior, August 9, 2016: “In accordance with Section 406 of the Cybersecurity Act of 2015, we inspected DOI’s policies, procedures, and practices for securing its computer networks and systems for all covered systems related to logical access control policies and practices, use of multifactor… Continue Reading
The Copyright Holdout Problem and New Internet-Based Services
Cross, John T. and Yu, Peter K., The Copyright Holdout Problem and New Internet-Based Services (July 29, 2016). EXPLORING SENSIBLE MECHANISMS OF PAYING FOR COPYRIGHT, Liu Kung-Chung and Reto M. Hilty, eds., Springer, 2016. Available for download at SSRN: http://ssrn.com/abstract=2815825 “This chapter examines the holdout problem involving a copyright holder’s refusal to license digital content… Continue Reading
