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Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, and Patents

Description: A report describing the civil remedies and criminal penalties for violations of federal intellectual property laws (the Copyright Act of 1976, the Patent Act of 1952, and the Trademark Act of 1946.)
Date: December 13, 2012
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, and Patents

Description: A report describing the civil remedies and criminal penalties for violations of federal intellectual property laws (the Copyright Act of 1976, the Patent Act of 1952, and the Trademark Act of 1946.)
Date: July 27, 2007
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

Repair, Modification, or Resale of Software-Enabled Consumer Electronic Devices: Copyright Law Issues

Description: This report provides a discussion and analysis of copyright law issues that may be implicated by the repair, modification, or resale of software-enabled consumer electronic devices. These issues include software licensing, fair use, the first sale doctrine, and the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA).
Date: August 11, 2016
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute

Description: This legal sidebar examines cases involving the revocation of the Washington Redskins' federally-registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band's name (In re Tam). These cases raise questions about the constitutionality of Section 2(a) of the Trademark Act of 1946 (conventionally known as the Lanham Act), which denies trademark registration to certain offensive content.
Date: August 8, 2016
Partner: UNT Libraries Government Documents Department
open access

Intellectual Property Protection for Noncreative Databases

Description: Copyright law protects works of authorship that exhibit original, creative expression, including creativity in the selection, arrangement, or coordination both of traditional printed and electronic databases. Noncreative databases are not subject to copyright protection, although some protection is available through a combination of contract law, trade secrecy law, and misappropriation doctrines of state law.
Date: September 15, 1999
Creator: Schrader, Dorothy & Jeweler, Robin
Partner: UNT Libraries Government Documents Department
open access

Intellectual Property in Industrial Designs: Issues in Innovation and Competition

Description: Report that identifies several current issues relating to intellectual property in industrial designs. It describes the different sorts of intellectual property protection that apply to industrial designs, and identifies current issues at the interface between intellectual property and industrial designs.
Date: January 5, 2011
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
open access

Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements

Description: This report provides a summary and analysis of judicial opinions that have developed the current state of trademark law governing keyword-triggered advertising. It discusses background of the issue, keyword advertising, and litigation related to keyword advertising.
Date: March 22, 2010
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

The Copyright Registration Requirement and Federal Court Jurisdiction: A Legal Analysis of Reed Elsevier, Inc. v. Muchnick

Description: In New York Times Co. v. Tasini, six freelance authors who had contributed articles to several publications, including The New York Times, Newsday, and Time, sued when the publishers licensed rights to copy and sell the articles to electronic databases such as Lexis/Nexis. Shortly after the Court decided Tasini, three preexisting class action infringement suits, which had been suspended pending the decision, were activated and consolidated in the U.S. District Court for the Southern District of… more
Date: March 18, 2010
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

Plants, Patents, and Seed Innovation in the Agricultural Industry

Description: This report offers an overview of the availability of intellectual property rights for plants, focusing upon the seed industry. It initially offers an introduction to seed innovation. The report then reviews the three intellectual property regimes applicable to plant innovation: utility patents, plant patents and plant variety protection certificates. It then details a 2001 decision of the U.S. Supreme Court, J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., which held that sexuall… more
Date: September 13, 2002
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
open access

Copyright Term Extension: Eldred v. Ashcroft

Description: This report examines the U.S. Supreme Court’s decision in Eldred v. Ashcroft. Plaintiffs/Petitioners challenged the constitutionality under the Copyright Clause of a law adding 20 years to the terms of existing and future copyrights. The law was upheld by both the U.S. district court and the court of appeals considering it. Among the questions before the Supreme Court was whether Congress may retrospectively extend the term of copyright for existing copyrights; and, what role and impact, if any… more
Date: February 14, 2003
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department
open access

Copyright Law: Statutory Royalty Rates for Webcasters

Description: This report surveys the procedures for and the results of the Copyright Arbitration Royalty Panel’s (CARP’s) February 20, 2002 Report making recommendations for statutory royalty rates for eligible nonsubscription webcasters.
Date: November 18, 2003
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department
open access

Gene Patents: A Brief Overview of Intellectual Property Issues

Description: This report is a brief discussion of the ethical, legal, and economic issues of gene patenting. The courts have upheld gene patents that meet the criteria of patentability defined by the Patent Act. However, the practice of awarding patents on genes has come under intense scrutiny by some scientists, legal scholars, politicians, and other experts.
Date: October 3, 2006
Creator: Schacht, Wendy H.
Partner: UNT Libraries Government Documents Department
open access

Copyright Protection for Fashion Design: A Legal Analysis of the Design Piracy Prohibition Act (H.R. 2196)

Description: Fashion design does not currently receive explicit protection under U.S. copyright law. This report analyzes the amendments that the Design Piracy Prohibition Act would make to the Copyright Act to provide for fashion design protection. It also summarizes arguments both in favor of and against extending such protection.
Date: June 1, 2009
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

A Legal Analysis of S. 968, the PROTECT IP Act

Description: This report discusses the legality of S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act). It is related to the Combating Online Infringement and Counterfeits Act (COICA), which was approved by the Senate Judiciary Committee, but not enacted by the full Senate before the end of the 111th Congress.
Date: July 7, 2011
Creator: Yeh, Brian T. & Miller, Jonathan
Partner: UNT Libraries Government Documents Department
open access

The Copyright Doctrine of Fair Use and the Internet: Caselaw

Description: This report examines the evolving copyright doctrine of fair use within the context of copyrighted works published or placed on the Internet. American courts have been examining the various property rights of copyright owners concurrently with the unauthorized use of these copyrighted materials by Web site operators, Internet consumers, access providers, and other interested parties. This report analyzes the early fair use copyright cases concerning Internet use, as well as the most recent judi… more
Date: March 30, 2000
Creator: Weimer, Douglas Reid
Partner: UNT Libraries Government Documents Department
open access

Patent Reform: Overview and Comparison of S. 507 and H.R. 400

Description: The pending omnibus patent reform bills (S. 507 and H.R. 400) would reorganize the Patent and Trademark Office (PTO) as a government corporation and enact several other patent law reforms including early publication (with exceptions) and patent term restoration. S. 507 consists of six titles; H.R. 400 contains five titles.
Date: August 4, 1998
Creator: Schrader, Dorothy
Partner: UNT Libraries Government Documents Department
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