Tag: ip

Me in China Lately

Well, I’ve taken four one-hour exams in two days and they have been a blast. Not really.

The first exam yesterday was Intro to Chinese Law, which would be better named Intro to Chaos. It asked us to briefly describe the Chinese legal system and then talk about a case that pertained to the Chinese Constitution. The main thing you need to know about the Chinese Constitution is that it does not carry a great deal of weight. It’s more of a supplementary document than a preemptive one.

The second exam yesterday was Technology Licensing & IP Management. This was my favorite class, and taking the exam wasn’t so bad. Our first fact pattern prompted us with a patent licensing issue in which we were to play the licensing expert and guide our clients, Gina and Sam, through the negotiation and licensing process. I don’t remember the other questions.

I was least looking forward to today’s first exam, World Trade. The course was difficult to follow and covered more material than should be covered in a ten-course class. While the material was potentially interesting, it is difficult to convince myself I got anything from it.

This afternoon’s Contemporary Issues in Copyright exam was almost enjoyable. The first question asked if we thought a court would find that Google’s use of copyrighted wroks for its Book Search Project would be found to be fair use under §107 of the U.S. Copyright Act. I say yes, I think so. The second question asked us to differentiate between the principles of two major cases regarding contributory infringement of online service providers. This wasn’t bad, either.

The lask exam tomorrow morning is Intro to Chinese IP. Can’t wait to be done.

Other than studying a bunch, I’ve managed to watch all of Clark and Michael – a ten-episode series about and by Clark Duke and Michael Cera trying to get a show picked up. Michael Cera played George Michael on the hilarious “Arrested Development,” which was unfortunately canceled after just three years. Clark is his best friend.

I’ve also joined Pownce, which is like the Twitter service I already use, but has more features I don’t really like.

And I’m looking forward to having time to watch the cheap DVDs I’ve bought over here, including Transformers.

The Economics of Beanie Babies

Here’s an interesting passage from Ty, Inc. v. Publications Int’l, Ltd., a case I recently read in Introduction to Intellectual Property. The case is concerning whether Publications Int’l is violating Ty’s copyright by publishing books with images of Ty’s Beanie Babies. The description of Ty’s marketing strategy is used to set up the differences and similarities between children’s and collectors’ approach.

As a marketing gimmick, Ty deliberately creates a shortage in each Beanie Baby by selling it at a very low price and not producing enough copies to clear the market at that price. As a result, a secondary market is created, just like the secondary market in works of art. The secondary market gives widespread publicity to Beanie Babies, and the shortage that creates the secondary market stampedes children into nagging their parents to buy them the latest Beanie Babies, lest they be humiliated by not possessing the Beanie Babies that their peers possess. The appeal is to the competitive conformity of children – but also to the mentality of collectors.

As far as I’m concerned, the best use for Beanie Babies was to wipe the dust off computer and TV screens.