JIPEL Vol. 7, No. 1 – Fall 2017 The NYU Journal of Intellectual Property and Entertainment Law is proud to present Volume 7 Issue 1 of […]
From Mailroom to Courtroom: The Legality of Unpaid Internships In Entertainment After Glatt v. Fox Searchlight Inc. 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 Continue reading →
What Young Innovative Companies Want: Formulating Bottom-Up Patent Policy for the Internet of Things 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 Continue reading →
An Empirical Study of University Patent Activity 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 Continue reading →
Patent Working Requirements and Complex Products 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 Continue reading →
