Intellectual Property

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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.

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  • Authors Guild, Inc. v. Hathitrust

    12-4547
    Filed in Second Circuit Court of Appeals
    Type of Suit: Copyrights
    Plaintiff - Appellant: Authors Guild, Inc., Australian Society Of Authors Limited, Australian Society Of Authors Limited, Union Des Ecrivaines Et Des Ecrivains Quebecoi, Pat Cummin and other. Defendant - Appellee: Hathitrust, Regents Of The University Of Michigan, Regents of the University of California, Board Of Regents Of The University Of Wisconsin System, Trustees Of Indiana University and other.
  • Cambridge University Press, et al v. J. Albert, et al

    12-15147
    Filed in Eleventh Circuit Court of Appeals
    Type of Suit: Copyrights
    Plaintiff - Appellant: CAMBRIDGE UNIVERSITY PRESS, OXFORD UNIVERSITY PRESS, INC. and SAGE PUBLICATIONS, INC. Defendant - Appellee: J. L. ALBERT, in his official capacity as Georgia State University Associate provost for Information Systems and Technology, KENNETH R. BERNARD, JR., in his official capacity as member of the Board of regents of the University System of Georgia, ROBERT F. HATCHER, in his official capacity as Vice Chair of the Board of Regents of the Univesity System of Georgia, W. MANSFIELD JENNINGS, JR., in his official capacity as member of the Board of Regents of the University System of Georgia and MARK P. BECKER and other.

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  • 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]
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  • Proposed 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]
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  • Proposed 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]
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  • Rule - 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]
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  • Rule - 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]
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