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JIPEL Vol. 7 – No. 1

JIPEL Vol. 7, No. 1 – Fall 2017

January 16, 2018 By Staff Editor in JIPEL Vol. 7 - No. 1

The NYU Journal of Intellectual Property and Entertainment Law is proud to present Volume 7 Issue 1 of the Journal. While PDFs of the individual articles may be found accompanying their respective posts, you may view and download a PDF of the complete issue here

From Mailroom to Courtroom: The Legality of Unpaid Internships In Entertainment After Glatt v. Fox Searchlight Inc.

January 16, 2018 By Vincent Honrubia in JIPEL Vol. 7 - No. 1 Tags: Department of Labor, Entertainment

Vincent P. Honrubia* Download a PDF version of this article here

Introduction
I. Unpaid Interships in Entertainment
II. The Legal Framework Governing Unpaid Internships
A. The Fair Labor Standards Act
B. Pre-FLSA “Employee” Determinations by the Supreme Court
C. Walling v. Portland Terminal Co.
D. Fact Sheet #71
E. Examining the Circuit Split
1. Totality of the Circumstances Approach
2. Pre-Glatt Primary Beneficiary Test
F. Glatt v. Fox Searchlight Pictures
III. Improving With Glatt
A. Fact Sheet #71: Illogical, Inconsistent,and Impractical
1. Impractical: Fact Sheet #71 is Too Rigid
2. Inconsistent: Fact Sheet #71 Is Inconsistent with the FLSA, Portland Terminal, and Itself
3. Illogical: Fact Sheet #71 Illogically Extends a Test Regarding Trainees To Interns
B. Post-Glatt Landscape
Conclusion

What Young Innovative Companies Want: Formulating Bottom-Up Patent Policy for the Internet of Things

January 16, 2018 By Roya Ghafele in JIPEL Vol. 7 - No. 1 Tags: FRAND, Internet of Things, Patent

By Roya Ghafele* Download a PDF version of this article here

I. The New Paradigms of the Internet of Things 
A. Defining the Internet of Things
II. The Internet of Things is Exposed to Network Effects …
III. Which Can Trigger Anticompetitive Licensing Behaviour
IV. . . . That Can Particularly Affect Young Innovative Companies
V. Methodology
VI. Findings
A. Trends in Internet of Things Markets
B. Standardization, Patents and Standard Essential Patents Experiences
C. Licensing Experiences in the Internet of Things Space
D. The Threat of Patent Wars and Lack of Defence Mechanisms
E. What Role for European Policy?
Conclusions

An Empirical Study of University Patent Activity

January 16, 2018 By Christopher J. Ryan and Brian L. Frye in JIPEL Vol. 7 - No. 1 Tags: Patent

By Christopher J. Ryan, Jr. & Brian L. Frye* Download a PDF version of this article here

Introduction
I. The Patent System
A. Academic Patents
B. An Economic View of Patents
C. University Responses to Patent Policy Incentives
D. The University as a Firm
II. Empirical Analysis
A. Research Questions
B. Data
C. Limitations
D. Descriptive Results
E. Research Method and Model
F. Empirical Results
Conclusion

Patent Working Requirements and Complex Products

January 16, 2018 By Jorge L. Contreras, Rohini Lakshané, and Paxton M. Lewis in JIPEL Vol. 7 - No. 1 Tags: Patent, Technology

By Jorge L. Contreras*, Rohini Lakshané**, Paxton M. Lewis*** Download a PDF version of this article here

Introduction
I. Patent Working Requirements
A. History of Patent Working Requirements
B. The Evolution of India’s Patent Working Requirement
1. Background
2. The Patents Act, 1970
3. India’s Current Working Requirement
C. The Indian Working Requirement and Natco Pharma Limited v. Bayer Corporation
D. Form 27 and India’s Reporting Requirement
E. Theory and Criticism of Form 27
II. Empirical Study of Indian Form 27 Disclosures in the Mobile Device Industry
A. Background: Existing Data and Studies
B. Methodology
C. Limitations
III. Findings
A. Aggregated Data – Forms Found and Missing
B. Working Status
C. Descriptive Responses
1. Working Status Not Disclosed
2. Patents Not Worked
3. Varied Interpretations of Working
4. Changes in Status
IV. Discussion and Analysis
A. Process Weaknesses
B. Non-Enforcement and Non-Compliance
C. Uncertainty Surrounding Working and Complex Products
D. Strategic Behavior
E. Opportunities for Further Study
Conclusion
Appendix

JIPEL Vol. 8, No. 2 – Spring 2019 June 6, 2019
Immoral or Scandalous Marks: An Empirical Analysis June 6, 2019
Essay: What Remains of Fair Use for Software after Oracle v. Google? June 6, 2019
I “Think,” Therefore I Create: Claiming Copyright in the Outputs of Algorithms June 6, 2019
Speaking About Politics, A Fireable Offense? The Legality of Employee Speech Restrictions in the Entertainment Industry June 6, 2019

Topics

Advertising (1)
Antitrust (1)
Art (4)
Artificial Intelligence (1)
Contracts (3)
Copyright (34)
Criminal Law (1)
Department of Labor (1)
Entertainment (3)
Environment (1)
Fair Use (3)
Fashion (6)
Film / TV (6)
FRAND (1)
Free Speech (5)
Healthcare (2)
Industrial Design (1)
International Law (7)
Internet (10)
Internet of Things (1)
Misappropriation (1)
Music (7)
Open Source (1)
Patent (29)
Patent Litigation (2)
Photography (1)
Privacy (3)
Software (3)
Sports (4)
Technology (4)
Trade Dress (2)
Trade Secret (5)
Trademark (9)
Unfair Competition (1)

JIPEL Vol. 8, No. 2 – Spring 2019
Immoral or Scandalous Marks: An Empirical Analysis
Essay: What Remains of Fair Use for Software after Oracle v. Google?
I “Think,” Therefore I Create: Claiming Copyright in the Outputs of Algorithms
Speaking About Politics, A Fireable Offense? The Legality of Employee Speech Restrictions in the Entertainment Industry
Trademark Law in the Virtual Realism Landscape
JIPEL Vol. 8, No. 1 – Fall 2018

JIPEL

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