More Than an Academic Question: Defining Student Ownership of Intellectual Property Rights

Intellectual property is increasingly important due to technology’s rapid development. The importance of intellectual property is also reflected within universities as traditional centers of research and expression, where students and faculty are encouraged to develop inventions and creative works throughout the educational experience. The commercialization potential of the intellectual property that emerges from these efforts has led many universities to adopt policies to determine ownership of intellectual property rights. Many of these policies take different approaches to ownership, and most students are unaware of their rights and are unlikely to consider whether the university has a claim to ownership. The purpose of this Article is to outline how intellectual property rights arise in the academic environment and to analyze how university policies determine ownership rights for students and the university. This Article concludes by urging universities and students to acknowledge the existence of these issues, adopt policies to address ownership rights, and make these policies known to members of the university community

Can You Ever Disclaim an Express Warranty?

Article 2 of the Uniform Commercial Code (UCC) recognizes both express warranties and implied warranties of quality in the sale of goods. Within specific limits, the UCC permits sellers to exclude or modify implied warranties. When it comes to disclaiming express warranties, however, the UCC is not so explicit. However, sellers of goods sometimes inquire about the possibility of doing so and whether such disclaimers are enforceable. This essay attempts to answer these questions

The Role of Intellectual Property Rights in Negotiating and Planning a Research Joint Venture

This Article considers the role of intellectual property rights in research joint ventures. Professor Saunders begins by outlining the various advantages of pursuing research in a joint venture business form, including the sharing of expertise and investment costs. The author identifies and elucidates the intellectual property issues, as well as related licensing and antitrust implications, that arise in the joint venture context. Most notably, Saunders articulates the different intellectual property concerns that surface at each separate stage-from negotiation and planning, to termination of the collaboration

Better, Faster, Cheaper - Later: What Happens When Technologies Are Suppressed

Some inventions never see the light of day. Others enter the spotlight after long delays and the factors that slowed the arrival of that innovation are ignored. Technology suppression is a real occurrence involving well known and widely used products. In this Article, we examine the topic of technology suppression, seeking to reveal the tactics of suppression and the patterns and conditions under which it occurs. Current examples of US technologies are used to highlight the significance of this phenomenon. We consider related factors, including market and innovation forces, and we identify suppressive tactics, using illustrative cases where patent nonuse or abuse has occurred. Once suppression is more fully understood, we assess the legal and policy implications, including potential deterrents to the problem

Criminal Trade Secret Theft Cases Against Judgment Proof Defendants in Texas and California

Trade secret theft is a costly and ongoing risk to many businesses. As the two most populous states, California and Texas are home to numerous businesses that own trade secrets. Although civil remedies afford one source of relief when a trade secret has been stolen or disclosed, collecting on a judgment may be impossible due to the Homestead laws in both states, which effectively render the defendants judgment proof. In such cases, another alternative is to consider a criminal prosecution under the Federal Economic Espionage Act or state law. The same misconduct that results in civil liability can also violate criminal laws. However, because federal prosecutors have so far shown minimal interest in pursuing cases that do not involve a foreign government or agent, a prosecution under state criminal trade secret theft statutes should be considered. This Article discusses how California and Texas trial and appellate courts have applied theses statutes so that businesses can better consider this alternative