Skip to main content

Intellectual Property and the University

Intellectual Property (IP) has become a major revenue source for colleges and universities. Trademarks, patents, and even trade secrets and copyrights are increasingly used as a money making opportunities for institutes of higher learning. In his book, The Branding of the American Mind, Jacob Rooksby argues that developing this new revenue source creates a tension between the university’s promotion of the public good and the private rights that intellectual property is designed to protect.
The first chapter explores the tension starting with the Harvard OncoMouse. A mouse that Harvard sought to patent because it was unusually susceptible to cancers, making it ideal for medical testing. The second chapter is a broad overview of IP law as a whole. The remainder of the book explores the central thesis of the book, the tension between advancing the public good and protecting intellectual property rights, through each of the main areas of intellectual property (trademarks, copyright, patent and trade secrets) and explores other areas such as publicity rights of student-athletes. Each chapter starts with an anecdote to give a human experience to what is frequently seen as a very dry topic to much of the public. 

The book hopes to guide non-lawyers and lawyers alike away from pursuing the most expansive applications of IP law and to step back and develop policies for potential IP that both help the school generate revenue and protect the schools broader purpose of advancing the public good.  

Comments

Popular posts from this blog

The Amazing, but True, Deportation Story of Carlos Marcello

Earlier this week, the University of Houston Law Center was fortunate to have as its guest Professor Daniel Kanstroom of Boston College of Law. An expert in immigration law, he is the Director of the International Human Rights Program, and he both founded and directs the Boston College Immigration and Asylum Clinic. Speaking as the guest of the Houston Journal of International Law’s annual Fall Lecture Series, Professor Kanstroom discussed issues raised in his new book, Aftermath: Deportation Law and the New American Diaspora . Professor Michael Olivas introduced Professor Kanstroom to the audience, and mentioned the fascinating tale of Carlos Marcello, which Professor Kanstroom wrote about in his chapter “The Long, Complex, and Futile Deportation Saga of Carlos Marcello,” in Immigration Stories , a collection of narratives about leading immigration law cases. My interest piqued, I read and was amazed by Kanstroom’s description of one of the most interesting figures in American le...

Texas Subsequent History Table Ceases Publication

This week, Thomson Reuters notified subscribers that publication of the Texas Subsequent History Table will be discontinued and no further updates will be produced, due to “insufficient market interest.” Practitioners have been extracting writ (and since 1997, petition) history from the tables since their initial publication in 1917 as The Complete Texas Writs of Error Table . The tables, later published by West, have been used for nearly a century to determine how the Texas Supreme Court or Court of Criminal Appeals disposed of an appeal from an intermediate appellate court. The purpose of adding this notation to citations is to indicate the effect of the Texas Supreme Court’s action on the weight of authority of the Court of Appeals’ opinion.  For example, practitioners may prefer to use as authority a case that the Texas Supreme Court has determined is correct both in result and legal principles applied (petition refused), rather than one that simply presents no error that requ...

Lessons for Today from the Genocide Against the Tutsi in Rwanda

“Man’s inhumanity to man is not only perpetrated by the vitriolic actions of those who are bad. It is also perpetrated by the vitiating inaction of those who are good.” –Martin Luther King Jr.   Last week, I had the pleasure of attending  Professor Zachary D. Kaufman ’s presentation on  Lessons for Today from the Genocide Against the Tutsi in Rwanda  hosted by the  Johannesburg Holocaust & Geno cide Ce ntre . Among the many takeaways highlighted by Professor Kaufman and drawn from  Lessons from Rwanda: Post-Genocide Law and Policy   were ten simple yet profound lessons:   Lesson #1: Hate speech is dangerous.   To illustrate the role that hate speech played in the Rwandan genocide, Professor Kaufman discussed multiple forms of  propaganda , such as Kangura, Radio Rwanda, and RTLM “hate radio.”   He concludes that we must have limits, including with respect to social media, and further asserts that social media must do a better jo...