Table of Contents

Authorship and the Boundaries of Copyright: Ideas, Expressions, and Functions in Yoga, Choreography, and Other Works

Christopher Buccafusco, Yeshiva University - Benjamin N. Cardozo School of Law

Pharmaceutical Research and Licensing Deals in India

Binu P. Thomas, Institute of Management, Nirma University
Pawan K. Chugan, Nirma University - Institute of Management
Deepak Srivastava, Nirma University

Competition and Regulation of Crowdfunding Platforms: A Two-Sided Market Approach

Jordana Viotto da Cruz, University of Paris 13, Telecom ParisTech

Confusing Patent Eligibility

David O. Taylor, Southern Methodist University - Dedman School of Law

Sharing Research Data and Intellectual Property Law: A Primer

Michael W. Carroll, American University Washington College of Law

Pre-Competition

Jorge L. Contreras, University of Utah - S.J. Quinney College of Law
Liza Vertinsky, Emory University School of Law


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ERPN is sponsored by the Ewing Marion Kauffman Foundation http://www.kauffman.org/research and provides an online community for entrepreneurship research from all academic disciplines and the users of that information. SSRN is very pleased to work with the Kauffman Foundation in this important and growing area of scholarship.


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"Authorship and the Boundaries of Copyright: Ideas, Expressions, and Functions in Yoga, Choreography, and Other Works" Free Download
Columbia Journal of Law & the Arts (2016) Forthcoming

CHRISTOPHER BUCCAFUSCO, Yeshiva University - Benjamin N. Cardozo School of Law
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This essay uses the Ninth Circuit’s opinion in Bikram’s Yoga College of India v. Evolation Yoga as an opportunity to analyze the nature of copyrightable authorship and the mechanisms that the law uses to screen out uncopyrightable content from otherwise copyrightable works. I argue that although the court likely reached the right result in Bikram, it did so in a confused and poorly supported manner. The court misunderstood the nature of the idea/expression distinction, the role of section 102(b), and the appropriate mechanism for screening out functional features of works. These aspects of the court’s opinion are widespread in copyright jurisprudence, especially in situations in which potentially copyrightable expression is combined with unprotectable functional elements. Essential to these questions is an understanding of the nature of copyrightable authorship. To that end, I offer a four-step analysis for determining the copyrightable aspects of works of authorship.

"Pharmaceutical Research and Licensing Deals in India" Free Download
Macro and Micro Dynamics for Empowering Trade, Industry and Society, Eds., Deepak Srivastava, Pawan K. Chugan, Nirmal C. Soni, Nikunj Patel and Excel India Publishers, New Delhi, for Institute of Management, Nirma University, Ahmedabad India. Jan. 2016, ISBN: 978-93-85777-07-3, pp. 13 - 21

BINU P. THOMAS, Institute of Management, Nirma University
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PAWAN K. CHUGAN, Nirma University - Institute of Management
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DEEPAK SRIVASTAVA, Nirma University
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The global pharmaceutical industry is in an era of greater uncertainty because of looming patent expiries of established drugs having a direct impact on their sales and profitability. Further discovering new drugs in-house is a risky, time consuming and expensive proposition. This has forced many leading pharmaceutical companies investing billions of dollars in in-house R & D for discovering and developing new drugs, to instead in-license assets from other biotech’s as well as academic research institutes across the world. India owing to its large academic resource pool and a booming biotech start-up sector, has been a focus for these large MNC’s scouting for licensing new drugs. This work analyses the licensing activities that have happened in India. This work also aims to analyse the trends, and advice Indian pharmaceutical companies on ways to enhance the value of out-licensed drugs. A key observation from this work reveals that most of these licensed drugs by big pharmaceutical companies from Indian companies are being returned back citing lack of sufficient competitive advantage.

"Competition and Regulation of Crowdfunding Platforms: A Two-Sided Market Approach" Free Download
COMMUNICATIONS & STRATEGIES, no. 99, 3rd quarter 2015, p.33

JORDANA VIOTTO DA CRUZ, University of Paris 13, Telecom ParisTech
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The present paper analyzes competition in the crowdfunding market in the light of the theory of two-sided markets, with the objective to understand the strategies used by platforms in this nascent industry. It also discusses the experience of policymakers in selected countries in trying to address concerns related to information asymmetries in this new environment.

"Confusing Patent Eligibility" Free Download
Tennessee Law Review, Forthcoming
SMU Dedman School of Law Legal Studies Research Paper No. 265

DAVID O. TAYLOR, Southern Methodist University - Dedman School of Law
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Patent law — and in particular the law governing patent eligibility — is in a state of crisis. This crisis is one of profound confusion. Confusion exists because the current approach to determining patent eligibility confuses the relevant policies underlying numerous discrete patent law doctrines, and because the current approach lacks administrability. Ironically, the result of all this confusion is seemingly clear: the result seems to be that, when challenged, patent applications and issued patents probably do not satisfy the requirement of eligibility. At least that is the perception. A resulting concern, therefore, is that the current environment substantially reduces incentives to invest in research and development. Given this confusion, lack of administrability, and risk of under-investment in research and development, the time has come for Congress to amend the patent statute. In this Article, I lay the groundwork for an analysis of potential amendments to the patent statute by examining the root causes of the current confusion in this area of patent law. This groundwork is essential to resolving the present crisis.

"Sharing Research Data and Intellectual Property Law: A Primer" Free Download
PLOS Biology 13(8) (2015)

MICHAEL W. CARROLL, American University Washington College of Law
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Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security laws that regulate sharing certain types of data, this Perspective explains how to work through the general intellectual property and contractual issues for all research data.

"Pre-Competition" Free Download
95 North Carolina Law Review, Forthcoming

JORGE L. CONTRERAS, University of Utah - S.J. Quinney College of Law
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LIZA VERTINSKY, Emory University School of Law
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As costs rise and concerns grow about the pace of pharmaceutical innovation, both federal agencies and industry participants have turned to new forms of collaboration to increase the efficiency and effectiveness of biomedical research. Industry participants, many of them competitors, come together to define joint research and development objectives and share project results in what are widely known as “pre-competitive? collaborations. There is a prevailing understanding among both industry and governmental actors that these “pre-competitive? endeavors are not only permissible but encouraged.

While the term “pre-competitive? is prevalent in the pharmaceutical industry, it is missing from the antitrust lexicon. Neither the courts nor the federal agencies charged with enforcing U.S. antitrust laws have ever recognized “pre-competitive? activity as immune from antitrust challenge. Rather, antitrust regulators have repeatedly emphasized that when competitors collaborate, anti-competitive behavior may arise regardless of the stage at which they are collaborating.

This article, for the first time, critically examines the phenomenon of pre-competitive collaboration through an antitrust lens. It analyzes the apparent disconnect between the industry reliance on “pre-competition? as a way of demarcating pro-competitive arrangements among competitors, on the one hand, and the absence of any such distinction in antitrust law or practice, on the other. It then explores the ways that this disconnect may manifest itself in the choice and structure of collaborative arrangements and suggests a framework for refocusing attention on pro-competitive collaborations.

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