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Prof. Michael J. Madison | ||||||||||||||
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PAPER TOPICS IN INTELLECTUAL PROPERTY LAW (initially compiled Spring 2001, and
occasionally updated thereafter)
Current events in
intellectual property law are often fertile ground for seminar papers.
Some of the more noteworthy judicial developments over the last few
months (of 2006) include the eBay and Metabolite cases in
the Supreme Court; the CleanFlicks (Clean Flicks v. Soderbergh) and
fantasy baseball (C.B.C. Distribution v. Major League Baseball Advanced
Media) cases in different district courts. In the legislative area, the
current version of proposed patent reform is the Hatch-Leahy bill
introduced at the beginning of August. Possible copyright law changes
include abolition or modification of mechanical licensing.
Other topics include:
Should "reach-through"
licenses of patented research methods be enforceable? Assess the changing role of the United
States Copyright Office as a law-making institution. Should the Hatch-Waxman Act (which
relates to the intersection between regulation of new drugs, and the
patent statute) be modified? If so, how? Is "information" a physical article
under the Patent Act? (Cf. Bayer AG v. Housey Pharmaceuticals) What are the rights of celebrities in
fictional versions of themselves? Should the best mode requirement be
abolished? When, if ever, should initial interest
confusion be recognized as a theory of relief under the Lanham Act? Can the United States adopt special
measures to ensure fair access to "orphan works" while respecting our
obligations under Berne and TRIPs? Are Creative Commons licenses
enforceable? Should the word "owner" in Section 117
of the Copyright Act be replaced with the words "rightful possessor"? Is the anti-bootlegging statute
constitutional? Are state anti-bootlegging statutes constitutional? Under what circumstances should
copyright owners be entitled to assert trademark interests in their works? Evaluate whether and how the opinion in
Grokster
changes the law of secondary liability in copyright. Has
Phillips
changed the law of claim construction? Has the Supreme Court's
eBay
opinion changed the law, and if so, how? Under what conditions should
“research tools” in the biotechnology area be patentable? So-called
“BMP” or biomedical pathway patents? Business methods? Should section 101 constitute an
independent barrier to patentability? Is the Doctrine of Equivalents
justified by patent policy and/or theory? Should the “suggestion” test for
nonobviousness under Section 103 be abandoned? What test should be used
instead? Are patents property? Should the first to invent system
in the United States be replaced by the first to file system? What role should the PHOSITA play
in the patent system? Should claim construction rulings
be reviewed de novo on appeal? Are copyrights property? Should a copyright owner be
entitled to an injunction against an infringer in the absence of
evidence of economic harm? Should the mechanical license be
abolished? Should digital versions of analog
images be copyrightable? Should copyright law adopt an
originality requirement comparable to the novelty and/or nonobviousness
requirements in patent law? Does “personal” use amount to fair
use? Why aren’t facts copyrightable
(and, what is a fact)?
Last edited: August 21, 2006 |
