Tag Archives: patent

Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Posted on November 14, 2016 by rtushnet

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading →

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when are state law unfair competition claims preempted?

Posted on September 29, 2016 by rtushnet

Duer v. Bensussen Deutsch & Associates, Inc., 2015 WL 11256568, No. 14-CV-01589 (N.D. Ga. Jul. 8, 2015) Very broad preemption finding makes me blog this older case that popped out of Westlaw.  Duer makes medicine dosage adherence tools suitable for … Continue reading →

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Stanford Sociology and Psychology of IP

Posted on September 10, 2016 by rtushnet

Session 5: Fairness, efficiency, and distributive justice Discussion leaders: Stephanie Bair: Concepts of ownership/justice in ownership may be universals—studies of children across cultures.  Purpose of IP as understood to be to prevent plagiarism—asking for permission is sufficient, though, in many … Continue reading →

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Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Posted on September 10, 2016 by rtushnet

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading →

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Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Posted on September 10, 2016 by rtushnet

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading →

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The Psychology and Sociology of IP, patents

Posted on September 9, 2016 by rtushnet

Session 2: Why do companies patent? Discussion leaders: Lisa Ouellette: Accounts indicate that non-incentive reasons drive much patenting, contrary to standard incentive story.  What do sociologists etc. think about this divide in accounts?  Sociology/psychology give us tools when economic rationality … Continue reading →

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The Psychology and Sociology of Creativity and IP, Stanford Law School

Posted on September 9, 2016 by rtushnet

Session 1: Why do people create? Discussion leaders: Jessica Silbey Why and how? Psychological perspective, individual: b/c it’s fun, play; problem-solving; creativity as essential to who they are/identity-forming; as natural. Literature on extrinsic v. intrinsic motivation. Different ways of operationalizing … Continue reading →

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IPSC: Closing Plenary Session

Posted on August 13, 2016 by rtushnet

The Nature of Sequential Innovation Christopher Sprigman, Christopher Buccafusco & Stefan Bechtold How to pick between innovating or borrowing.  “Cinderella Man” is harder to develop than another movie about Rocky.  Risky, as is question about whether to develop another erectile … Continue reading →

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IPSC Breakout Session IV

Posted on August 12, 2016 by rtushnet

Empirical Copyright Copyright Misuse: A Taxonomy Ann Bartow Occasionally called copyright misuse; non-US countries call it something else, but trying to taxonomize a certain type of misbehavior.  Some of this is not currently called misuse: using © to try to … Continue reading →

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IPSC First Plenary Session

Posted on August 11, 2016 by rtushnet

Scarcity of Attention in a World without IP Jake Linford We impose artificial scarcity so authors can pick up sunk costs. But costs of creation have fallen; perhaps © should be narrowed as a result.  Wrinkle: attention scarcity. Cheaper dissemination … Continue reading →

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