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Whither (Wither?) Geographical Indications? The Case Against Geographical Indications and For Appellations of Origin in an Era of Glocalization
Get PDFOne of the most hotly contested legal debates in international intellectual property law today concerns geographical indications (GIs) and appellations of origin (AOOs), referred to herein using the umbrella term “indication of origin” (IO). Central to the debate are two different systems for IOs—the sui generis system of AOOs and the like promoted by IO advocates like the EU (generally civil law jurisdictions) and the system promoted by IO skeptics like the US (generally common law jurisdictions) under which GIs are subsumed within a pre-existing trademark system. These divergent IO systems are manifestations of deepening fragmentation in the international IO order, which has led to a deadlock in international IO law. Although key international agreements dealing with IOs have sought to “bridge the gap” between the two systems by permitting signatories to protect IOs under either system, this article finds that there is an inherent, irreconcilable tension between the two systems, making the gap unbridgeable. The article concludes that it is in the interests of all that a sui generis and limited system of AOO protection be adopted within an international, harmonized framework. By contrast, trademark-based GIs ought to be allowed to wither on the vine
The External Workforce and the Domestic Workplace: Connecting International Labor Standards and Free Trade Agreements - The 38th Annual Kenneth M. Piper Lecture
No full textLance Compa, senior lecturer at Cornell University\u27s School of Industrial and Labor Relations, delivered the 38th annual Kenneth M. Piper Memorial Lecture in Labor Law, titled The External Workforce & the Domestic Workplace: Connecting International Labor Standards & Free Trade Agreements, on March 22, 2016, at Chicago-Kent College of Law. Commentary was provided by Muzaffar Chishti, director of the Migration Policy Institute at New York University School of Law, and Randel K. Johnson, senior vice president for labor, immigration, and employee benefits, U.S. Chamber of Commerce.
Runtime: 01:28:5
BookIT IP Series - The End of Ownership: Personal Property in the Digital Economy
No full textThis book talk features Professor Aaron Perzanowski’s latest book (with Jason Schultz) The End of Ownership: Personal Property in the Digital Economy (MIT Press 2016).
When a consumer purchases a book from a bookstore they clearly own it. However, does this apply when a consumer purchases ebooks or other digital goods? This very question is debated in The End of Ownership. According to retailers and copyright holders, consumers do not own these purchases, but rather license them. As a result, a vendor can delete items from your device without prior notice or justification. Technological advances such as ebooks, cloud storage, and other digital goods have made our lives much easier. Yet, consumers should keep in mind the tradeoffs involving user constraints, permanence, and privacy. The authors’ consensus is that the introduction of private property and ownership into the digital marketplace would be beneficial.
Professor Perzanowski teaches courses in intellectual property, telecommunications, and innovation at Case Western Reserve University School of Law. His research interests include digital copyright, deceptive advertising, and creative norms within the tattoo industry.
The BookIT IP Series is co-sponsored by Chicago-Kent\u27s Intellecual Property Program and Center for Empiricial Studies of Intellectual Property.
Runtime: 56:0
Inside Equity-Based Crowdfunding: Online Financing Alternatives for Small Businesses
Get PDFEquity-based crowdfunding is an innovative approach to promote growth in small businesses and educate the financially less sophisticated about investing. This Note discusses and analyzes the four different types of equity-based crowdfunding under the federal and state securities laws. By examining the strengths and weaknesses of current crowdfunding rules, businesses can decide which exemption is most suitable to their capital needs. This Note intends to spread awareness about equity-based crowdfunding to the general public by offering general assessments of the industry, traditional financing methods, and financing alternatives for small businesses and startups
Video-streaming Records and the Video Privacy Protection Act: Broadening the Scope of Personally Identifiable Information to Include Unique Device Identifiers Disclosed with Video Titles
Get PDFThe Video Privacy Protection Act (“VPPA”) prohibits video tape service providers from disclosing their consumers’ video rental or sale records. Although the VPPA was originally enacted to regulate disclosures by brick-and-mortar video rental stores, litigators have more recently used the VPPA as a vehicle to regulate disclosures by online video content providers.
The application of the VPPA to video streaming via web browsers and mobile devices raises new questions of statutory interpretation. One key question is whether the scope of the VPPA is broad enough to cover a disclosure of a unique device identifier of a user’s device, rather than a user’s name, in conjunction with the title of a video streamed by the device. With this question in mind, this Note reviews the scope of personally identifiable information (“PII”) under the VPPA and argues that the scope of PII should include a disclosure of a device’s unique device identifier and the title of a video viewed on the device
The Future of Violence: Robots and Germs, Hackers and Drones—Confronting a New Age of Threat
No full textBenjamin Wittes of the Brookings Institution and Professor Gabriella Blum of Harvard Law School deliver the 2015 Palmer Prize lecture based on their award-winning book, The Future of Violence: Robots and Germs, Hackers and Drones—Confronting a New Age of Threat.https://scholarship.kentlaw.iit.edu/cont_palmer/1007/thumbnail.jp
Filming Police & Legal Dramas: Examining the Influence of Television Programs on the Legal Profession and Law Enforcement
Get PDFCriminal trials make for inherently compelling television. There are very few things as dramatic as watching an individual being forced to defend their liberty. Because of the spectacle associated with criminal proceedings, the legal drama has evolved into a staple of television programing. Media programing like Serial and Making a Murderer can have profound effects on the operation and integrity of criminal proceedings. While televising criminal justice proceedings adds a level of accountability to those procedures, it also creates an opportunity for abuse by allowing the media to negatively influence individuals vital to the integrity of the criminal justice system throughout law enforcement and judicial proceedings.
Recently, the Seventh Circuit addressed some of the concerns posed by televising the criminal justice process in Hart v. Manina, and urged caution in allowing cameras into the courtroom or police interrogations. James Hart was the subject of a murder investigation where the law enforcement was being filmed for a reality television program. During the investigation, the lead detective made mistakes relating to a lineup identification.
This Note explores the concerns associated with media’s involvement in these proceedings more thoroughly, and suggests that in order to protect criminal defendants, and the criminal justice system in general, courts should impose limits on television’s intrusion into courtrooms and police proceedings. These limits should be reasonably designed to balance the benefits associated with televising these events with the potential dangers that television can unleash on the credibility of the criminal justice procedures
Copyright’s Other Functions
Get PDFThis response to a keynote speech by Judge Margaret McKeown explores some dimensions of copyright in addition to its dominant function as a set of market-facilitating exclusive rights. The recent possible trend towards protecting privacy and other non-commercial concerns via copyright law is not necessarily inconsistent with its historical usages, does not necessarily threaten freedom of expression and may further important privacy policies. The balance of these competing policies is shifting, especially in an environment of proliferating digital content where cyber civil rights may need further development in response to cyberbullying. It examines the specific case of non-consensual pornography as a means of exploring possible doctrinal and policy directions. Ultimately it endorses a less formalistic and more flexible use of copyright to address harms currently under-recognized by our existing legal frameworks
Putting The Pieces Together: A Proposal For a Contributory Infringement Provision In Patent Law
Get PDFAmong the top five countries who have filed the most patent applications under the Patent Cooperation Treaty (“PCT”) in 2015, China is the only country that has no provision regarding contributory patent infringement. As a result, in patent cases related to contributory infringement, different courts have adopted different criteria to determine whether contributory patent infringement is present. This has resulted in many problems in China, causing confusion and conflicts in understanding among patent holders and the public.
With the increase of patent infringement cases in China, legislation on the standard of contributory patent infringement is imminent. This Article puts forward a proposal for such a provision, which includes a four-factor test for contributory patent infringement that would be added to Chinese patent law by surveying the doctrine of contributory infringement in the United States, Japan and Germany, along with the current legislative and judicial situation in China. Since the legislative history and current situation in China differ from the United States, Japan and Germany, the proposed provision for contributory patent infringement differs from the equivalent provision found in the laws in those countries. However, the proposed provision could maintain a good balance between the interests of patent rights holders and the public. The provision would also likely be accepted by the legislative institutions and courts of China. This proposal helps unify criteria for judging contributory patent infringement and encourages innovation in China, advancing the global harmonization of patent law