Intellectual Property
Overview
Intellectual property (IP) law developed over time to protect different forms of intangible subject matter. The concept is not new: Jewish law early on prohibited plagiarism, calling it "g'neivat da'at," or stealing the mind. The earliest use of the term "intellectual property" was in an 1845 Massachusetts Circuit Court ruling in a patent case.
The term intellectual property did not come into common usage in the United States until December 1980, when Congress enacted the Bayh-Dole Act or Patent and Trademark Law Amendments Act, 35 U.S.C. § 200-212. The Act gave U.S. universities, non-profits and small businesses control over their inventions resulting from federal government-funded research. Since then, the protections afforded intellectual property have expanded exponentially.
Featured Cases
Capitol Records, LLC v. Redigi Inc.
1:2012cv00095
Filed in New York Southern District Court
Type of Suit: Copyrights
Plaintiff: Capitol Records, LLC. Defendant: Redigi Inc.
Judge: Richard J. Sullivan
Cause Of Action: Copyright InfringementAurelios Is Pizza Franchise, Ltd v. PFC of Illinois, Inc. et al
1:2011cv07460
Filed in Illinois Northern District Court
Type of Suit: Trademark
Plaintiff: Aurelio's Is Pizza Franchise, Ltd. Defendant: PFC of Illinois, Inc. and Joseph Pascale. Counter_claimant: Joseph Pascale and PFC of Illinois, Inc. Counter_defendant: Aurelio's Is Pizza Franchise, Ltd.
Judge: Michael T. Mason
Cause Of Action: Trademark InfringementNate Hoffman v. O Three Meida LLC et al
2:2012cv00060
Filed in California Central District Court
Type of Suit: Other
Defendant: 0 Three Media LLC, Doe, Flaunt Magazine, Brett Alan Nelson and Nubar Inc and other. Plaintiff: Nate Hoffman.
Judge: George H WuTrue Religion Apparel, Inc. et al. v. Xiaokang Lee et al.
1:2011cv08242
Filed in New York Southern District Court
Type of Suit: Trademark
Plaintiff: True Religion Apparel, Inc. and Guru Denim, Inc. Defendant: Xiaokang Lee, Lin Jianyu, Zhao Yang Qu, Ronglian Lu, Fortruereligionjeans.com and other.
Judge: Harold Baer
Cause Of Action: Trademark InfringementFifty-Six Hope Road Music Limited, a Bahamian corp. v. Booker et al
1:2011cv24326
Filed in Florida Southern District Court
Type of Suit: Trademark
Plaintiff: Fifty-Six Hope Road Music Limited. Defendant: Richard Booker, Bob Marley Movement of Jah People, Inc. and The Bob Marley Heritage Corporation.
Judge: Marcia G. Cooke
Cause Of Action: Trademark Infringement
Dockets
Car-Freshner Corporation et al v. Sprint Nextel Corporation
1:2012cv00872
Filed in New York Southern District Court
Type of Suit: Trademark
Plaintiff: Car-Freshner Corporation and Julius Samann Ltd. Defendant: Sprint Nextel Corporation.
Judge: Paul G. Gardephe
Cause Of Action: Trademark InfringementMALIBU MEDIA, LLC v. JOHN DOES 1-15
2:2012cv00664
Filed in Pennsylvania Eastern District Court
Type of Suit: Copyrights
Plaintiff: MALIBU MEDIA, LLC. Defendant: JOHN DOES 1-15.
Judge: CYNTHIA M. RUFE
Cause Of Action: Copyright InfringementBunzl Processor Distribution, LLC
8:2012cv00054
Filed in Nebraska District Court
Type of Suit: Patent
Defendant: Bettcher Industries, Inc. and Exact Manufacturing & Machine, Inc. Plaintiff: Bunzl Processor Distribution, LLC.
Judge: Lyle E. Strom
Cause Of Action: Diversity-Declaratory JudgementMALIBU MEDIA, LLC v. JOHN DOES 1-10
2:2012cv00666
Filed in Pennsylvania Eastern District Court
Type of Suit: Copyrights
Plaintiff: MALIBU MEDIA, LLC. Defendant: JOHN DOES 1-10.
Judge: TIMOTHY J. SAVAGE
Cause Of Action: Copyright InfringementMALIBU MEDIA, LLC v. JOHN DOES 1-22
2:2012cv00668
Filed in Pennsylvania Eastern District Court
Type of Suit: Copyrights
Plaintiff: MALIBU MEDIA, LLC. Defendant: JOHN DOES 1-22.
Judge: J. CURTIS JOYNER
Cause Of Action: Copyright Infringement
Legislation
Bill Introduced: S.2063 A bill to prohibit the transfer of technology developed using funding ...
A bill to prohibit the transfer of technology developed using funding provided by the United States Government to entities of certain countries, and for other purposes.Bill Introduced: H.R.3834 Advancing America's Networking and Information Technology Research ...
To amend the High-Performance Computing Act of 1991 to authorize activities for support of networking and information technology research, and for other purposes.Bill Introduced: H.R.3782 OPEN Act
To amend the Tariff Act of 1930 to address unfair trade practices relating to infringement of copyrights and trademarks by certain Internet sites, and for other purposes.Bill Signed by President: H.R.1540 National Defense Authorization Act for Fiscal Year 2012
To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
December 30, 2011: Signed by President.Bill Enacted: H.R.2055 Military Construction and Veterans Affairs, and Related Agencies ...
Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2012, and for other purposes.
December 22, 2011: Became Public Law No: 112-74.
Regulations
Proposed Rule - Discontinuance of Form CO in Registration Practices
Copyright Office, Library of Congress
Proposed Rule
Discontinuance of Form CO in Registration Practices
,
60774-60777 [2011-25230]
LIBRARY OF CONGRESS Copyright Office 37 CFR Parts 201 and 202 [Docket No. 2011-8] Discontinuance of Form CO in Registration Practices AGENCY: Copyright Office, Library of Congress. ACTION: Notice of Proposed Rulemaking and request for comments. SUMMARY: The United States Copyright Office is proposing to amend its regulations to discontinue use of the Form CO application as an option for applying for copyright registration; and remove the references to CON 1 and CON 2 sheets. Form CO... [read document]
View Document | Download PDFProposed Rule - Exemption to Prohibition on Circumvention of Copyright Protection Systems for ...
Copyright Office, Library of Congress
Proposed Rule
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
,
60398-60405 [2011-25106]
LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2011-7] Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies AGENCY: Copyright Office, Library of Congress. ACTION: Notice of inquiry and request for comments. SUMMARY: The United States Copyright Office is preparing to conduct proceedings in accordance with provisions added by the Digital Millennium Copyright Act which provide that the Librarian of Congress, upon the... [read document]
View Document | Download PDFProposed Rule - Designation of Agent to Receive Notification of Claimed Infringement
Copyright Office, Library of Congress
Proposed Rule
Designation of Agent to Receive Notification of Claimed Infringement
,
59953-59960 [2011-24780]
LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2011-6] Designation of Agent To Receive Notification of Claimed Infringement AGENCY: Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking and request for comments. SUMMARY: The Copyright Office is issuing this Notice of Proposed Rulemaking to solicit public comment on proposals to update its interim regulations governing the designation by online service providers of agents to receive notifications of... [read document]
View Document | Download PDFRule - Changes to Implement Prioritized Examination Track of Enhanced Examination Timing ...
Patent and Trademark Office
Rule
Changes to Implement Prioritized Examination Track of Enhanced Examination Timing Control Procedures
,
59050-59055 [2011-24467]
DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Part 1 [Docket No.: PTO-P-2011-0039] RIN 0651-AC62 Changes To Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control Procedures Under the Leahy- Smith America Invents Act AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: On April 4, 2011, the United States Patent and Trademark Office (Office) published a final rule that revised the rules of... [read document]
View Document | Download PDFRule - Revision of Standard for Granting Inter Partes Reexamination Request
Patent and Trademark Office
Rule
Revision of Standard for Granting Inter Partes Reexamination Request
,
59055-59058 [2011-24464]
DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Part 1 [Docket No. PTO-P-2011-0037] RIN 0651-AC61 Revision of Standard for Granting an Inter Partes Reexamination Request AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: The United States Patent and Trademark Office (Office) is revising the rules of practice governing inter partes reexamination to implement a transition provision of the Leahy-Smith America Invents Act that changes... [read document]
View Document | Download PDF
Articles
Trends in Local Production of Medicines and Related Technology Transfer
World Health Organization, 2011 , FSU College of Law, Law, Business & Economics Paper No. 569 Frederick M. Abbott Florida State University - College of Law Date Posted: December 15, 2011 Last Revised: February 08, 2012What Are the Sources of Patent Inflation? An Analysis of Federal Circuit Patentability Rulings
Yale Law Journal Online, Vol. 121, p. 347, 2011 Lisa Larrimore Ouellette Yale University - Law School Date Posted: December 31, 2011 Accepted Paper Series 20 downloads The Doha Declaration on the TRIPS Agreement and Public Health and the Contradictory Trend in Bilateral and Regional Free Trade Agreements Quaker United Nations Office (Geneva) (QUNO), Occasional Paper No. 14, April 2004 Frederick M. Abbott Florida State University - College of Law Date Posted: December 28, 2011 Accepted Paper Series 9 downloads Computer Software-Related Litigation: Discovery and the Overly-Protective Order Federal Courts Law Review, Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2012-5 Lydia Pallas Loren and Andy Johnson-Laird Lewis & Clark Law School and Johnson-Laird Inc. Date Posted: December 24, 2011 Last Revised: February 05, 2012Trade Secrets, Non-Competes, and Inventor Mobility: Empirical Evidence
Ivan P. L. Png National University of Singapore Date Posted: January 18, 2012 Working Paper Series 12 downloads Reel Piracy: The Effect of Online Film Piracy on International Box Office Sales Brett Danaher and Joel Waldfogel Wellesley College - Department of Economics and University of Minnesota - Twin Cities - Carlson School of Management Date Posted: January 17, 2012 Working Paper Series 61 downloads Intellectual Property Rights in World Trade RESEARCH HANDBOOK IN INTERNATIONAL ECONOMIC LAW, pp. 444-484, A. Guzman & A. Sykes, eds., Edward Elgar, 2007, FSU College of Law, Public Law Research Paper, FSU College of Law, Law, Business & Economics Paper Frederick M. Abbott Florida State University - College of Law Date Posted: January 14, 2012 Accepted Paper Series 15 downloads Saving Locke from Marx: The Labor Theory of Value in Intellectual Property Theory Social Philosophy and Policy, Vol. 29, No. 2, 2012, George Mason Law & Economics Research Paper No. 12-02 Adam Mossoff George Mason University School of Law Date Posted: January 13, 2012 Accepted Paper Series 124 downloads Competitive Patent Law William Hubbard University of Baltimore Law School Date Posted: January 10, 2012 Last Revised: February 05, 2012Will Gene Patents Derail the Next-Generation of Genetic Technologies?: A Reassessment of the ...
Christopher M. Holman University of Missouri - Kansas City School of Law Date Posted: February 08, 2012 Working Paper Series 5 downloads Cross-Border Intellectual Property Rights: Contract Enforcement and Absorptive Capacity Quaderni DSE Working Paper No. 809 Alireza Naghavi and Yingyi Tsai University of Bologna - Department of Economics and National University of Kaohsiung Date Posted: February 07, 2012 Working Paper Series 2 downloads Intellectual Capital Evaluation: Relationship between Knowledge Management Implementation and Companyâs Performance 12th European Conference on Knowledge Management, September 2011 Elena Shakina and Anna Bykova National Research University Higher School of Economics and National Research University Higher School of Economics Date Posted: February 07, 2012 Accepted Paper Series Piracy and Creation: The Case of the Music Industry Maya Bacache , Marc Bourreau and François Moreau affiliation not provided to SSRN , Telecom ParisTech and affiliation not provided to SSRN Date Posted: February 07, 2012 Working Paper Series 7 downloads Intellectual Capital: Value Drivers and Role of Institutions in Europe and Russia Elena Shakina National Research University Higher School of Economics Date Posted: February 06, 2012 Working Paper Series Will the Web Break? Philosophical Transactions of the Royal Society A, Forthcoming Jonathan Zittrain Harvard Law School and Kennedy School Date Posted: February 06, 2012 Accepted Paper Series 4 downloads Cutting Too Close? Design Protection and Innovation in Fashion Goods CESifo Working Paper Series No. 3716 Petal Jean Hackett University of Edinburgh Date Posted: February 02, 2012 Working Paper Series 3 downloads Physical World Assumptions and Software World Realities (and Why There are More P2P Software Providers than Ever Before) Columbia Journal of Law & the Arts, Vol. 35, No. 1, 2011 Rebecca Giblin Monash University - Faculty of Law Date Posted: January 31, 2012 Accepted Paper Series 4 downloads Political Economy of the U.S. Parallel Trade Experience: Toward a More Thoughtful Policy INTELLECTUAL PROPERTY: TRADE, COMPETITION AND SUSTAINABLE DEVELOPMENT, pp. 177-188, T. Cottier, P. Mavroidis and M. Pannizon, eds., Univ. Michigan Press, World Trade Forum Series Nr. 3, 2001 Frederick M. Abbott Florida State University - College of Law Date Posted: January 31, 2012 Accepted Paper Series 1 downloads Catching Digital Pirates: The Witch Hunt of the 21st Century Colin Fowler University of Tulsa Date Posted: January 30, 2012 Last Revised: February 02, 2012Impacts and Channels of University Spillovers Before the National Innovation System Reform in Japan
International Journal of Transitions and Innovation Systems, Vol. 1, No. 4, pp. 383-393, 2011 Nobuya Fukugawa Tohoku University, Graduate School of Engineering Date Posted: January 30, 2012 Accepted Paper Series Property Rules, Liability Rules, and Patents: One Experimental View of the Cathedral Yale Journal of Law & Technology, Vo. 14, p. 138, 2011 Andrew W. Torrance and Bill Tomlinson University of Kansas - School of Law and University of California, Irvine Date Posted: January 29, 2012 Accepted Paper Series 52 downloads Technology and Human Rights: Friends or Foes? Highlighting Innovations Applying to Natural Resources and Medicine TECHNOLOGY AND HUMAN RIGHTS: FRIENDS OR FOES? HIGHLIGHTING INNOVATIONS APPLYING TO NATURAL RESOURCES AND MEDICINE, Human Rights Series No. 1, William Schabas, ed., Republic of Letters Publishing, 2012 Hans Morten Haugen Diakonhjemmet University College Date Posted: January 25, 2012 Accepted Paper Series Trade Diplomacy, the Rule of Law and the Problem of Asymmetric Risks in TRIPS Quaker United Nations Office Occasional Paper No. 13, FSU College of Law, Public Law Research Paper, FSU College of Law, Law, Business & Economics Paper Frederick M. Abbott Florida State University - College of Law Date Posted: January 23, 2012 Working Paper Series 6 downloads Trademark Families: Characteristics and Market Values Philipp G. Sandner and Joern Block TUM School of Management, Technische Universität München and Technische Universität München Date Posted: January 22, 2012 Working Paper Series 7 downloads WTO Dispute Settlement and the Agreement on Trade-Related Aspects of Intellectual Property Rights INTERNATIONAL TRADE LAW AND THE GATT/WTO DISPUTE SETTLEMENT SYSTEM, pp. 415-37, E.-U. Petersmann, ed., Kluwer Law International, 1997 Frederick M. Abbott Florida State University - College of Law Date Posted: January 22, 2012 Accepted Paper Series 6 downloads Public Policy and Global Technological Integration: An Introduction PUBLIC POLICY AND GLOBAL TECHNOLOGICAL INTEGRATION, pp. 3-13, F. M. Abbott & D. Gerber, eds., Kluwer Law International, 1997, Chicago-Kent Law Review, Vol. 72, p. 345, 1996-1997, FSU College of Law, Public Law Research Paper, FSU College of Law, Law, Business & Economics Paper Frederick M. Abbott Florida State University - College of Law Date Posted: January 21, 2012 Accepted Paper Series 3 downloads The WTO TRIPS Agreement and Global Economic Development PUBLIC POLICY AND GLOBAL TECHNOLOGICAL INTEGRATION, pp. 39-65, F. M. Abbott & D. Gerber, eds., Kluwer Law International, 1997, Chicago-Kent Law Review, Vol. 72, p. 385, 1996-1997, FSU College of Law, Public Law Research Paper, FSU College of Law, Law, Business & Economics Paper Frederick M. Abbott Florida State University - College of Law Date Posted: January 21, 2012 Accepted Paper Series 3 downloads Emerging Market Pharmaceutical Supply: A Prescription for Sharing the Benefits of Global Information Flow THE GLOBAL FLOW OF INFORMATION: LEGAL, SOCIAL, AND CULTURAL PERSPECTIVE, pp. 175-189, R. Subramanian & E. Katz, ed., New York University Press, 2011, FSU College of Law, Public Law Research Paper, FSU College of Law, Law, Business & Economics Paper Frederick M. Abbott Florida State University - College of Law Date Posted: January 20, 2012 Accepted Paper Series 6 downloads Intellectual Property Rights, Plant Genetic Resources and International Law: Potential Conflicts and Options for Reconciliation International Journal of Intellectual Property Management, Vol. 1, No. 4, pp. 277â292, 2007, Megan Bowman Victoria Law School, Victoria University Date Posted: January 20, 2012 Accepted Paper Series 7 downloads Intellectual Property Rights: A Concise Guide (Chapter 2), and Intellectual Property Rights: How They Affect Procurement and What Steps Can Be Taken (Annex B) BATTLING HIV/AIDS: A DECISION MAKERâS GUIDE TO THE PROCUREMENT OF MEDICINES AND RELATED SUPPLIES, pp. 11-20, 105-129, Y. Tayler, ed., World Bank, 2004, FSU College of Law, Public Law Research Paper, FSU College of Law, Law, Business & Economics Paper, Frederick M. Abbott Florida State University - College of Law Date Posted: January 19, 2012 Accepted Paper Series 2 downloads Ethics in Intellectual Property Negotiations: Issues and Illustrations Lisa A. Dolak Syracuse University - College of Law Date Posted: January 18, 2012 Working Paper Series 14 downloads Paving the Path to Accurately Predicting Legal Outcomes Texas Law Review See Also, Vol. 90, pp. 97-109, 2012, San Diego Legal Studies Paper, Illinois Public Law Research Paper No. 11-12 Jay P. Kesan , David L. Schwartz and Ted M. Sichelman University of Illinois College of Law , Chicago-Kent College of Law and University of San Diego School of Law Date Posted: January 18, 2012 Last Revised: February 01, 2012
