Quarterly Journal 49-1
In This Section
The AIPLA Quarterly Journal, a publication of the American Intellectual Property Law Association, is housed at the George Washington University Law School and is edited and managed by an Editorial Board of intellectual property experts and a staff of law students under the direction of the Editor-in-Chief, Professor Joan Schaffner.
The Quarterly Journal is dedicated to presenting materials relating to intellectual property matters and is published four times per year. Editorial Board members (all of whom are lawyers) are selected based upon demonstrated interest and experience, and student staff members are selected from the students of the GWU Law School.
Thank you to our advertiser, Brand Murray Fuller, for their support in this edition.
Bowman Heiden, Jorge Padilla, and Ruud Peters
In this Article, we argue that the value of standard essential patents (“SEPs”) should be independent of the level of licensing in the value chain. We further argue that the value of enabling technologies, such as SEPs, is best determined in relation to the value they produce to the consumer or end-user, regardless of the licensing level. Finally, we discuss legal, economic, and organizational factors that can guide market actors to determine the optimal level of licensing through private ordering.
Thomas S. Key
TRUDGING THROUGH THE THICKET: COPYRIGHT PROTECTION FOR DESIGNS OF USEFUL ARTICLES IN THE WAKE OF STAR ATHLETICA
In Star Athletica, L.L.C. v. Varsity Brands, Inc., the Supreme Court set forth a permissive test for separability of useful articles in copyright. This Article provides the first empirical analysis of Copyright Office Review Board decisions concerning useful articles before and after Star Athletica. The analysis shows that under a more permissive separability analysis, the Review Board has placed greater analytical importance on the originality of the separable design elements. After Star Athletica, the Review Board raised originality in every decision concerning the separability of a design of a useful article. Yet, the Copyright Office has failed to provide adequate guidance regarding the designs of useful articles. Originality is not a high bar to registration, but it can be used to effectively screen works that do not merit copyright protection if sufficiently delineated. In accordance with the increased use of originality as a screen of registrable designs, this Article proposes that the Copyright Office adopt clearer guidance on originality analysis regarding designs of useful articles by drawing upon its approach to compilations and musical works, as well as insights from product design trade dress.
CPM Webinar: Preventing Your Worst Tech Nightmare: Protecting Your Firm & Clients from Cybercriminals - The Right Way
December 6, 2022 12:30 PM to 1:30 PM | No CLENo one likes to think about the worst happening, but when it comes to your firm's technology, it's always better to be safe than sorry. That's why we're here to present Preventing Your Worst Tech Nightmare: Protecting Your Firm & Clients from Cybercriminals - The Right Way, a course that will help you protect your business and clients from the perils of cybercrime. This course covers everything from cybersecurity myths that can cripple your business to attorneys' ethical obligations to be technically competent. You'll learn exactly how to secure your practice against cyberattacks, and we'll equip you with the leadership skills you need to create a security-first culture for your firm.
CPM Webinar: The EU Unified Patent Court is opening: To be in or to opt-out?
December 7, 2022 1:00 PM to 2:00 PM | No CLEApril 1st 2023 is the current target date for the EU Unified Patent Court (UPC) to open and begin receiving cases. The UPC will have parallel territorial jurisdiction with national patent courts for all existing European Patents unless the patent owners “opt-out” of UPC jurisdiction. Learn the implications of the new system, how to opt-out, and some considerations in deciding whether to opt-out; and receive strategic tips for handling your European Patent portfolio.
2022 Trade Secret Summit
December 8 to 9, 2022 | Up to 570 Minutes CLEPlease join the AIPLA Trade Secret Committee for the 2022 Trade Secret Summit, which is being held December 8-9, 2022 in Miami, FL. The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities.
AIPLA Virtual Water Cooler - December Meetup
December 21, 2022 3:00 PM to 4:00 PMAIPLA’s Committee on the Profession is inviting you to join us around the virtual water cooler for a quick break. Drop in and catch up with colleagues old and new at this informal networking meetup. All are welcome.
AIPLA 2023 Mid-Winter Institute
January 31 to February 3, 2023The 2023 Mid-Winter Institute will look at the IP world through the lens of health, sport, and wellness technology. This lens will highlight ongoing challenges in patents, such as the scope of 35 U.S.C. §101. We will look at the intersection of Patents and Trademarks with case studies in the exercise system. We will review data protections through prisms made of telehealth and sports medicine. We will have all the usual information, but package it with practical perspectives that will help not only our professional world, but also our everyday lives. Rancho Bernardo Inn, San Diego, CA