The following post comes from David Ward, a rising 2L at Scalia Law and a Research Assistant at CPIP.
By David Ward
“Casual metaphors can have dangerous consequences.” CPIP Senior Fellow for Innovation Policy Jonathan Barnett’s new paper, The ‘License as Tax’ Fallacy, seeks to undo what he considers to be a dangerous, casual metaphor, namely, that intellectual property is a “state-granted monopoly” and therefore licensing is a “monopolistic tax” on consumers. Read more
The following post comes from Liz Velander, a recent graduate of Scalia Law and a Research Assistant at CPIP.
By Liz Velander
As part of its ongoing series about the copyright licensing process, Artomatic hosted a virtual panel for visual artists last week to discuss how to protect their creative works. Read more
The following post comes from Yumi Oda, an LLM Candidate at Scalia Law and a Research Assistant at CPIP.
By Yumi Oda
As part of its year-long review of the Digital Millennium Copyright Act (DMCA), the Senate Subcommittee on Intellectual Property tackled yet another contentious issue in our copyright system—fair use. Read more
I hope summer is seeing you healthy and safe. Over four months have passed since the Washington, D.C., area began to feel the impact of COVID-19. Now, as summer progresses and we start anticipating and planning for fall, we’re looking to navigate the new normal in the classroom, workplace, and of course in the virtual space. Read more
CPIP has published a new policy brief by CPIP Senior Fellow for Innovation Policy Jonathan Barnett entitled The Long Shadow of the Blackberry Shutdown That Wasn’t. The policy brief looks at how the Blackberry litigation and the “patent troll” narrative ultimately contributed to the Supreme Court’s 2006 decision in eBay v. Read more
The following post comes from Yumi Oda, an LLM Candidate at Scalia Law and a Research Assistant at CPIP.
By Yumi Oda
Many believe that drug prices in the U.S. are unnecessarily high because the pharmaceutical industry is exploiting legal loopholes and acquiring dubious patents to extend protection and delay generics from entering the market (so-called “evergreening” behavior by drug innovators). Read more
The following post comes from Ryan Reynolds, a rising 3L at Scalia Law and a Research Assistant at CPIP.
By Ryan Reynolds
Last week, the Supreme Court in USPTO v. Booking.com held that a combination of an otherwise generic term and a generic top-level domain (TLD) may be protected as a trademark so long as consumers perceive it as capable of distinguishing among the members of a class of goods or services and not as a reference to the class itself. Read more
The following post comes from Colin Kreutzer, a rising 2E at Scalia Law and a Research Assistant at CPIP.
By Colin Kreutzer
It’s been forty years since the Supreme Court ruled in favor of patentability for a GE scientist and the oil-eating bacterium he’d created, greatly expanding the scope of living matter that was eligible to be patented. Read more
The following post comes from Yumi Oda, an LLM Candidate at Scalia Law and a Research Assistant at CPIP.
By Yumi Oda
On June 2, the Senate Subcommittee on Intellectual Property held a virtual online hearing entitled Is the DMCA’s Notice-and-Takedown System Working in the 21st Century? Read more
Here’s a brief excerpt of a post by CPIP Senior Scholar Eric Priest and Professor Sean Pager that was published at IPWatchdog:
As the current pandemic eviscerates jobs throughout our economy, Congress has a rare opportunity to improve the lot of one long-besieged group of workers: creators. Read more
