Center News

Intellectual Property: Law & the Information Society - Cases and Materials (2d. Edition 2015)
The Center announces the publication of the second edition of an Open Coursebook, Intellectual Property: Law & the Information Society - Cases and Materials. The book is an introduction to U.S. intellectual property law written and edited by the Center's Faculty Co-Director James Boyle and the Center's Director Jennifer Jenkins and is available for free download or in a low cost print edition. » Read more

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Intellectual Property: Law & the Information Society - Selected Statutes and Treaties (2015 Edition)
This companion to the Center's casebook offers the text of the Federal trademark, copyright and patent statutes, major international treaties, and more. Written and edited by the Center's Faculty Co-Director James Boyle and the Center's Director Jennifer Jenkins, the book is available for download or to purchase for the price of printing. » more

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Senators propose patent reform
Faculty Co-Director Arti Rai discusses the recently introduced Protecting American Talent and Entrepreneurship Act (PATENT Act) with Scott Drake of Legal Broadcast Network.

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"Universities are more often on the giving end . . . of the legal threats"
Faculty Co-Director Arti Rai comments for ScienceInsider on the Innovation Act (H.R. 9) introduced in the House of Representatives this year and the legislation's potential effects on universities.” » more

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Are trade secrets delaying biosimilars?
Faculty Co-Director Arti Rai and Prof. W. Nicholson Price II co-author an article examining the effect of trade secrets on the cost of cutting-edge medications in Science.

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The “Blurred Lines” of the Law
CSPD Director Jennifer Jenkins discusses the recent jury verdict in the copyright infringement case involving the song “Blurred Lines.” » more

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Jennifer Jenkins discusses the ambiguous battle over Public Domain Day
Professor Jenkins, Center Director, discusses her recent article, Ambiguous Battle: The Promise (and Pathos) of Public Domain Day, 2014, as part of Duke Law School's new video series. » YouTube

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Last sale? Libraries' rights in the digital age
Professor Jennifer Jenkins, Center Director, discusses the current state of the law regarding lending digital assets such as e-books and how it affects libraries in an article for the Association of College & Research Libraries. » College & Research Libraries News

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What Could Have Entered the Public Domain
CSPD Faculty Co-Director James Boyle discusses the public domain and the effect that congressional extension of copyright terms has had on it with host Frank Stasio on WUNC-FM’s The State of Things.

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In Ambiguous Battle: The Promise (and Pathos) of Public Domain Day, 2014
Center Director Jennifer Jenkins discusses the promise and the limits of various attempts to reverse the erosion of the public domain in a new article for the Duke Law and Technology Review (12 Duke L. & Tech. Rev. 1).

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Intellectual Property: Law & the Information Society - Cases and Materials (2014 Edition)
The Center has released its new Open Coursebook, Intellectual Property: Law & the Information Society - Cases and Materials, an introduction to U.S. intellectual property law written and edited by the Center's Faculty Co-Director James Boyle and the Center's Director Jennifer Jenkins, the book is available for download or to purchase for the price of printing. » more

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Intellectual Property: Law & the Information Society - Selected Statutes and Treaties (2014 Edition)
This companion to the Center's casebook offers the text of the Federal trademark, copyright and patent statutes, major international treaties, and more. Written and edited by the Center's Faculty Co-Director James Boyle and the Center's Director Jennifer Jenkins, the book is available for download or to purchase for the price of printing. » more

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I Have a Copyright: The Problem with MLK's Speech
Professor Jennifer Jenkins, Center Director, comments on the copyright status of Dr. Martin Luther King, Jr.'s 1963 "I Have a Dream" speech in Mother Jones magazine. Prof. Jenkins also comments for USA Today on the recently decided case involving the sale of some of Dr. King's papers by his former assistant.

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(EM)I Has a Dream
CSPD Faculty Co-Director James Boyle discusses the copyright issues surrounding Dr. Martin Luther King, Jr.'s 1963 "I Have a Dream" speech and other vital cultural events in a column for Huffington Post. He also discusses his column and the issues with HuffPost Live TV.

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Administrative Conference Appoints New Members
Faculty Co-Director Arti Rai has been appointed to the Administrative Conference of the United States. » Read more

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Six Duke Law journals move to digital-only format
Richard Danner, Senior Associate Dean for Information Services at Duke Law School, calls the move to digital-only publication a natural next-step in the university's long-standing commitment to open access for scholarly works. » Read more

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Rai comments on "patent troll" lawsuits
Faculty Co-Director Arti Rai comments on Obama administration plans to crack down on 'patent trolls' in an article in The New York Times.

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Court Ruling Takes a Stand on Essential High-Tech Patents
Faculty Co-Director Arti Rai comments on the U.S. District Court's ruling in Microsoft v. Motorola for The New York Times.

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Reselling media content: Seconds to go
Faculty Co-Director Arti Rai comments on the U.S. Supreme Court's ruling in Kirtsaeng v. John Wiley & Sons for The Economist.

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Rai elected to ALI
Faculty Co-Director Arti Rai is one of three Duke Law School faculty recently elected to the American Law Institute. » Read more

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Who owns Sherlock Holmes?
CSPD Director Jennifer Jenkins comments on Leslie Klinger's lawsuit against the heirs of Sir Arthur Conan Doyle who are trying to collect license fees for Mr. Klinger's series of new Sherlock Holmes-inspired stories. » The Economist

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Inventors still feel squeezed, despite patent reforms
Faculty Co-Director Arti Rai comments on efforts to curb patent trolling for the Denver Post.

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ABBA says 'Nej!' to Wake SPCA's viral adoption video
CSPD Director Jennifer Jenkins Jenkins comments on unlikely copyright battle between Wake SPCA and ABBA. » The News & Observer

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Patentable subject matter at the Supreme Court: An exceptional case?
Faculty Co-Director Arti Rai discusses Association for Molecular Pathology v. Myriad Genetics in advance of oral arguments at the U.S. Supreme Court. SCOTUSblog

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Barely Any U.S. Culture will Enter the Public Domain this Year
CSPD Faculty Co-Director James Boyle discusses copyright term and the public domain on NPR’s On the Media.

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Why There Are Only 100 Copies of the New Bob Dylan Record
CSPD Faculty Co-Director James Boyle discusses the recent copyright term extension in Europe for sound recordings. » NPR

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Public Domain: Access Denied
CSPD Faculty Co-Director James Boyle and CSPD Director Jennifer Jenkins discuss public domain day with The Economist.

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Public by Sufferance Alone: The Worst of 2012
CSPD Faculty Co-Director James Boyle and CSPD Director Jennifer Jenkins discuss the Supreme Court’s 2012 decision in Golan v. Holder and its effect on the public domain. » read the article

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The Politics of Internet Activism
CSPD Faculty Co-Director James Boyle is featured in a new article from The Economist entitled "Everything is connected: Can internet activism turn into a real political movement?"  » read the article

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Let's Tame Software Patent Claims: Lessons From Bioinformatics
Faculty Co-Director Arti Rai discusses possible ways to limit patent claims for software in an opinion piece in Wired magazine.

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U.S. Disavows Patent at Center of Apple-Samsung Dispute
Faculty Co-Director Arti Rai comments on the potential effect of new USPTO rules in patent litigation. » New York Times

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Suit Challenging Patent Law Faces Long Odds
Faculty Co-Director Arti Rai comments on inventor's suit seeking to challenge constitutionality of the America Invents Act. » New York Times

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Patent Success or Failure? The America Invents Act and Beyond
Faculty Co-Director Arti Rai was a panelist at a Princeton University Center for Information Technology Policy program looking at the AIA. » more

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COMMUNIA Releases Final Report
The Center was a member of COMMUNIA: The European Thematic Network on the Digital Public Domain, developing analyses and policy recommendations on public domain issues in Europe and beyond. Click to read COMMUNIA's final report or a new book detailing some of COMMUNIA's projects and initiatives

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In Memoriam: Professor Keith Aoki
It is with great sadness that we note the death of Keith Aoki, Professor of Law at UC Davis Law School, and long-time collaborator with the Center. Prof. Aoki combined many different talents: scholar, artist, musician, mentor, father, husband, gentleness, humor, and so much more. Describing Prof. Aoki's contributions to the Center is difficult to do in a small space, but Prof. James Boyle, Faculty Co-Director, shares a marvelous tribute to Prof. Aoki and Prof. Jennifer Jenkins, Director, offers her own personal remembrance.

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Endowed by Their Creator?: The Future of Constitutional Personhood
Faculty Co-Director James Boyle examines how constitutional law should meet the challenges posed by artificially created entities. » Brookings Institution

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Faculty Co-Director James Boyle responds to recent NY Times op-ed on copyright
Prof. Boyle discusses the arguments made by Scott Turow, Paul Aiken and James Shapiro in "Would the Bard Have Survived the Web?" and the perils of extending government power to shut down websites suspected of infringing copyright. » Financial Times

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Roundtable on Federal Government Engagement in Standards
Faculty Co-Director Arti Rai was a panelist at this January 2011 Department of Commerce/White House program exploring the role of standards in achieving national priorities. » View the video

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Indigenous/Traditional Knowledge and Intellectual Property
The Center is pleased to announce the release of a new policy guide on indigenous and traditional knowledge, prepared by scholar Dr. Jane Anderson. This paper offers an analysis of the wide range of proposals for protecting indigenous knowledge, along with illustrative examples, in order to assist policymakers and citizens navigating this complex field. » Read the paper

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The Public Domain: Enclosing the Commons of the Mind
Faculty Co-Director James Boyle's book, recently named American Society for Information Science and Technology Book of the Year for 2009, explores the importance of the public domain to music, culture, science, and economic welfare and explains what we must do to protect it. Prof. Boyle discusses the book on BBC's In Business, NPR, North Carolina Public Radio, Connecticut Public Radio, and BBC's Thinking Allowed. In addition to the ASIST honor, The Public Domain received the 2008 McGannon Award from Fordham University's Donald McGannon Communication Research Center. Visit the book's web site to read the book online, check the reviews, and more; or buy the book.

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Multilingual Educational Resources about Intellectual Property and the Public Domain
Find Chinese, French, Portuguese and Spanish translations of educational resources created for the Center to promote greater awareness and understanding about IP and the public domain. Visit the site.

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IP and Synthetic Biology
Read Faculty Co-Director Arti Rai's seminal articles about intellectual property and "synthetic biology" - the attempt to construct new biological functions and systems, starting at the genetic level: Synthetic Biology: The Intellectual Property Puzzle (with Sapna Kumar) and Synthetic Biology: Caught Between Property Rights, the Public Domain, and the Commons (with James Boyle). Here Professor Rai's recent lecture on The Paradigm Shift of Synthetic Biology: Tensions Between Innovation and Security given at the University of Minnesota [ more information ].

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7 Ways To Ruin A Technological Revolution
If you wanted to undermine the technological revolution of the last 30 years, using the law, how would you do it? Faculty Co-Director James Boyle provides answers at a Google Tech Talk. View the webcast

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View the News archive.

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Faculty Scholarship

James Boyle

• Cultural Environmentalism and Beyond
• Open Source Innovation, Patent Injunctions, and the Public Interest
• Synthetic Biology: Caught Between Property Rights, the Public Domain, and the Commons (with Arti K. Rai)

David Lange

• Golan v. Holder: Copyright in the Image of the First Amendment (with Risa J. Weaver, Shiveh Roxana Reed)
• Unshackling Speech
• Reimagining The Public Domain
• A Comment on New York Times v. Tasini

Arti Rai

• Patent Validity Across the Executive Branch: Ex Ante Foundations for Policy Development
• Valuing Health Care: Improving Productivity and Quality
• Use Patents, Carve-Outs, and Incentives — A New Battle in the Drug-Patent Wars
• Accountability in patenting of federally funded research (with Bhaven N. Sampat)
• DNA sequence patents are not in the grave yet (with Robert Cook-Deegan)
• Proprietary science, open science and the role of patent disclosure (with Subhashini Chandrasekharan, Sapna Kumar, & Cory M Valley)
• Fixing Innovation: A Structural Perspective (with Stuart M. Benjamin)
• Building a Better Patent System: Facially Neutral Standards With Disparate Impact
• University Software Ownership: Technology Transfer or Business as Usual? (with John R. Allison, Bhaven Sampat, & Colin Crossman)

Jerome H. Reichman

• When Copyright Law and Science Collide: Empowering Digitally Integrated Research Methods on a Global Scale (with Ruth L. Okediji)
• A Compensatory Liability Regime to Promote the Exchange of Microbial Genetic Resources for Research and Benefit Sharing
• Overcoming the Impasse on Intellectual Property and Climate Change at the UNFCCC: A Way Forward
• Intellectual Property in the Twenty-First Century: Will the Developing Countries Lead or Follow?
• Comment: Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options
• Intellectual Property and Alternatives: Strategies for Green Innovation (with Richard Newell, Arti K. Rai, & Jonathan B. Wiener)
• Pathways Across the Valley of Death: Novel Intellectual Property Strategies for Accelerated Drug Discovery (with Arti K. Rai, Paul F. Uhlir, & Colin Crossman)
• A Reverse Notice and Takedown Regime to Enable Public Interest Uses of Technically Protected Copyrighted Works (with Graeme B. Dinwoodie & Pamela Samuelson)