All posts tagged: Intellectual Property

Intellectual Property Law Society | Student Organization Voices Series

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Your Name: Catherine Cuff Graduation Year: May 2020 Name of Organization: Intellectual Property Law Society (IPLS) Position in Organization: President Temple Law School: When did you join this organization? Catherine Cuff: I joined IPLS as a 1L my first year at Temple. I worked in IT prior to law school and knew I was interested in the subject. I made sure to sign up at the student activities fair. TLS: Why did you decide to join this group? CC: With our society relying more and more on technology I wanted to better understand how law and science interact. I also wanted to demonstrate to employers that this was an area of interest for me. Embarrassingly, I’ve always had a bunch of crazy ideas for inventions. I wanted to learn how to make them reality! TLS: What is your organization’s mission? CC: The purpose of IPLS is to promote the discussion of legal challenge presented by technological advances through speakers and events. We want to connect students with this wonderful field of law! TLS: Can you …

IP Moot Court: Leaving your Comfort Zone

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This year, I had the honor of being one of four team members to represent Temple Law in the American Intellectual Property Law Association Moot Court Competition. Temple traditionally fields two teams of two students, and this year’s regional competition was held in Boston. Intellectual property is an umbrella term covering several discrete areas of law. This year’s problem had a patent issue and a jurisdictional issue. The problem was released in the fall of 2017 and my teammate and I started working on it in October. We were fortunate enough to be coached by Temple Law professor Don Harris and Assistant Dean Shyam Nair. The first thing we had to do was write two briefs, one for each party. It took a certain amount of mental gymnastics to advocate for one party and then switch to the other side. The patent issue was one of obviousness. In order for a patent to be valid, it has to be non-obvious. “Obviousness” is the subject of much litigation and a great deal of research had to …

Futuristic Roads

Competition Law for a Post-Scarcity World

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Writers, economists and IP scholars have hailed signs of an incipient shift to a post-scarcity world. According to these accounts, this change is driven by rapid decreases not only in marginal cost, but also in the fixed or first unit costs of production. Whether these changes become economy-wide, or remain confined to a subset of industries, they have dramatic implications for competition law and policy. This Article is the first to address these implications. In particular, because of the incentive for incumbent firms to engage in “anti-disruption” – as examples such as the Apple/e-books antitrust case and the regulatory responses to Uber show – competition law must play an active role in assisting the transition to a post-scarcity world. How to play this role will not be simple, but the potential social welfare gains of this possible societal shift make it impossible to ignore. Download the Paper at SSRN

Copyright

Time to Reboot? DMCA 2.0

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Perhaps the most vexing question in copyright law today is whether Internet Service Providers (ISPs) should be liable for the infringing acts of their subscribers. While the 1998 Digital Millennium Copyright Act (DMCA) provides a number of safe harbors that effectively immunize ISPs from most liability for subscribers’ infringing conduct, a larger questions looms: Should ISPs nevertheless be responsible for preventing infringement occurring on their sites? Since the enactment of the DMCA, copyright infringement — through BitTorrent peer-to-peer systems, video streaming, direct download cyberlockers, and other file sharing networks — has increased at a phenomenal rate. Worldwide, hundreds of millions of Internet users seek out infringing content. The current DMCA scheme places the onus on copyright holders to root out infringement and then seek the help of ISPs through the DMCA’s notice and takedown provision. This system proved adequate for a while, but some question whether in light of the massive infringement occurring online, whether ISPs should take on a greater role in curbing infringement. As might be expected, there is no consensus. Copyright holders …