Be a good sport and refrain from using my patented putt: intellectual property protection for sports related movements

Article Abstract:

Incentives for athletes are limited to a competitive edge and a higher salary, and patent protection for sports related movements is lacking. The similarity between routine-oriented sports such as ice skating and the various forms of dance suggest that choreographic protection of such sports under copyright law might be appropriate. Such protection might, however, be worthless in practice because of the difficulty of showing infringement and the inadequate prior art databases for human movements.

Sports Teams and Clubs, Professional Sports, Patent law, Sports franchises

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Protection of intellectual property rights against bankruptcy

Article Abstract:

Licensor/assignor can best protect themselves in the event of the bankruptcy of a licensee/assignee by creating and perfecting a security interest in the patent rights. The licensor/assignor should file evidence of his interest both under the Uniform Commercial Code and in the Patent Office. An "ipso facto" bankruptcy clause will not suffice as protection, and may lead to the total loss of the licensed/assigned patent.

Protection and preservation, Patent licenses, Patent licensing

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Experts in intellectual property cases: a new paradigm

Article Abstract:

The Supreme Court's foundation requirements for the admissibility of expert testimony established by rulings starting with the 1993 Daubert ruling is discussed. Additional factors for intellectual property cases are suggested, and these include claim construction experts in patent cases, substantial similarity experts in copyright cases, and survey experts in trademark cases.

Laws, regulations and rules, Testimony, Evidence, Expert, Expert evidence

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