The Ninth Circuit’s recent decision clarifying transformative fair use in Dr. Seuss v. ComicMix gives much to admire (see my deep dive into the opinion here). The court held that a mash-up of plaintiff Seuss’ Oh, the Places You’ll Go! Read more
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Ninth Circuit Clarifies Transformative Fair Use in Dr. Seuss v. ComicMix
This past Friday, the Ninth Circuit handed down its opinion in Dr. Seuss v. ComicMix, a closely watched transformative fair use case. The decision marks an important milestone in the development of the fair use doctrine, especially as applied to mash-ups—where two or more preexisting works are blended together to create a new work. Read more
CPIP Applauds Congress on Passing CASE Act and Protecting Lawful Streaming Act
As advocates for individual artists and small businesses in the arts, CPIP is grateful this holiday season for the inclusion of the CASE Act and the Protecting Lawful Streaming Act as part of the end-of-year omnibus and COVID-19 relief package: the Consolidated Appropriations Act, 2021. Read more
Happy Holidays from CPIP!
Professor Daryl Lim Explores the Doctrine of Equivalents and Equitable Triggers
The following post comes from Yumi Oda, an LLM Candidate at Scalia Law and a Research Assistant at CPIP.
By Yumi Oda
The term “claims” may not mean much to many, but it means the world to most patent practitioners. As Judge Giles Rich once observed, “[t]he name of the game is the claim.” Read more
IP Scholars Question the Legality and Wisdom of Joint AG Proposal to Seize Remdesivir Patents
The following post comes from Colin Kreutzer, a 2E at Scalia Law and a Research Assistant at CPIP.
By Colin Kreutzer
While the vaccines are starting to roll out in the fight against COVID-19, the precise timelines for when they will be widely available continue to be uncertain. Read more
Professor Joanna Shepherd Explains Pharmaceutical Product Hopping in New CPIP Policy Brief
CPIP has published a new policy brief by Joanna M. Shepherd, Vice Dean and Thomas Simmons Professor of Law at Emory University School of Law. The brief, entitled The Legal and Industry Framework of Pharmaceutical Product Hopping and Considerations for Future Legislation, discusses the practice of so-called “product hopping,” where a pharmaceutical company turns its focus to newer versions of its existing drugs. Read more
Professor Shyam Balganesh on Understanding Privative Copyright Claims
The following post comes from Liz Velander, a recent graduate of Scalia Law and a Research Assistant at CPIP.
By Liz Velander
Some argue that modern copyright law is decidedly market-oriented, almost entirely justified in utilitarian terms. By promising authors a set of marketable exclusive rights in their works, copyright is believed to incentivize the production of works of authorship. Read more
CPIP Roundup – December 2, 2020
Greetings from CPIP Executive Director Sean O’Connor
I hope you had an enjoyable, restful Thanksgiving. At CPIP, we’re winding down 2020 while planning our spring and summer events—including biopharma and copyright roundtables, the 2021 WIPO-CPIP Summer School on Intellectual Property, and more. Read more
#GivingTuesday: A Message from CPIP on Giving Tuesday 2020
As we enter the holiday season and look ahead to 2021, we hope that you will keep CPIP in mind as you plan your end-of-year giving. Your support is critical to ensuring that CPIP can continue to bring reason and balance to the academic debate on intellectual property (IP) by engaging academics, creators, and innovators in a scholarly dialogue. Read more