Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
Past, Present, And Future Of Intellectual Property In Space: Old Answers To New Questions, Rosario Avveduto
Past, Present, And Future Of Intellectual Property In Space: Old Answers To New Questions, Rosario Avveduto
Washington International Law Journal
This comment critically analyzes international space law in the context of intellectual property. The issues explored, current and future, are at the crossroads of the international space legal framework and U.S. intellectual property law. The first stage of the analysis includes a brief history of space law, introducing the U.N. treaties on space activities and taking a hard look at the founding principles they enshrine. An analytical overview of the International Space Station Agreement follows, introducing the present application of space law to issues of intellectual property. This overview further considers the fundamental principles of U.S. intellectual property, especially patent …
The Supreme People's Court Annual Report On Intellectual Property Cases (2017) (China), Ida L. Knox, Ruixiang (Ray) Xu, Weichen Zhu
The Supreme People's Court Annual Report On Intellectual Property Cases (2017) (China), Ida L. Knox, Ruixiang (Ray) Xu, Weichen Zhu
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The Annual Report summarizes intellectual property cases, such as patent, trademark, trade secrets, copyright, and unfair competition cases. This 2017 Annual Report examines 42 cases and includes general guidelines for legal application. This summary reflects the Supreme People’s Court’s thoughts and approaches for ruling on new and complex IP and competition cases.
The Supreme People's Court's Annual Report On Intellectual Property Cases (2016) (China), Tianyi (Tammy) Wu, Xiaoyang Wang
The Supreme People's Court's Annual Report On Intellectual Property Cases (2016) (China), Tianyi (Tammy) Wu, Xiaoyang Wang
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The Annual Report summarizes intellectual property cases, such as patent, trademark, copyright, trade secrets, and unfair competition cases. This 2016 Annual Report examines 27 cases and includes general guidelines for legal application. It reflects the Supreme People’s Court’s thoughts and approaches for ruling on new, difficult, and complex IP and competition cases.
Chinese Patent Law's Statutory Damages Provision: The One Size That Fits None, Xiaowu Li, Don Wang
Chinese Patent Law's Statutory Damages Provision: The One Size That Fits None, Xiaowu Li, Don Wang
Washington International Law Journal
The concept of statutory damages was first introduced into the Chinese patent regime in 2001 as a “last-resort” approach for damages calculation in infringement cases. Curiously, in the following 15 years, this last-resort approach became so popular among the courts that it is essentially the exclusive approach today. This Article examines the legal and policy implications of the current statutory damages scheme, and concludes that the existence of statutory damages is fundamentally detrimental to the validity of the Chinese patent system. Therefore, we argue that the statutory damages provision in Article 65 of the Patent Law of China should be …
Supreme People's Court Annual Report On Intellectual Property Cases (2015) (China), Xiaohan Lou, Mingyuan Song, Chao Yu
Supreme People's Court Annual Report On Intellectual Property Cases (2015) (China), Xiaohan Lou, Mingyuan Song, Chao Yu
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April each year, summarize and review new intellectual property cases. This translation includes all 32 cases and 38 legal issues of the 2015 Annual Report. It addresses various areas of law related to intellectual property, including patent law, trademark law, copyright law, unfair competition law, antitrust law, new plant product patent law, and laws related to procedural and evidentiary issues in intellectual property cases. While China is not a common law country, these cases serve as guidelines for …
Supreme People's Court Annual Report On Intellectual Property Cases (2015) (China), Xiaohan Lou, Mingyuan Song, Chao Yu
Supreme People's Court Annual Report On Intellectual Property Cases (2015) (China), Xiaohan Lou, Mingyuan Song, Chao Yu
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April each year, summarize and review new intellectual property cases. This translation includes all 32 cases and 38 legal issues of the 2015 Annual Report. It addresses various areas of law related to intellectual property, including patent law, trademark law, copyright law, unfair competition law, antitrust law, new plant product patent law, and laws related to procedural and evidentiary issues in intellectual property cases. While China is not a common law country, these cases serve as guidelines for …
The Policy And Targets Of Criminal Enforcement Of Intellectual Property Rights In China And The United States, Haiyan Liu
Washington International Law Journal
This comparative study analyzes the targets, consequences, and influence factors of the criminal enforcement of intellectual property rights in the United States and China. The analysis reveals unexpected consequences when transplanting Western intellectual property law in Chinese contexts. Similarities in criminal enforcement between the two countries indicate that economic factors that are determinant forces in both the United States and China. These factors include such business practices as: (1) vehement business lobbying and the capture of enforcement agencies by top trademark corporations; (2) the size and market concentration level of top firms in an industry; and (3) trade association lobbying …
Supreme People's Court Annual Report On Intellectual Property Cases (2013) (China), Tong Li, Xiaohan Lou, Zhenan Wang, Qiuwen Xu
Supreme People's Court Annual Report On Intellectual Property Cases (2013) (China), Tong Li, Xiaohan Lou, Zhenan Wang, Qiuwen Xu
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April of each year, summarize and review new intellectual property cases. This translation includes all 30 cases and 39 legal issues of the 2013 Annual Report. It addresses patent law, trademark law, copyright law, unfair competition, contractual intellectual property rights, liability of intellectual property infringement, and intellectual property litigation procedure and evidence. While China is not a common law country, these cases and guidelines provide lower courts with meaningful insight and direction.
Supreme People's Court Annual Report On Intellectual Property Cases (2013) (China), Tong Li, Xiaohan Lou, Zhenan Wang, Qiuwen Xu
Supreme People's Court Annual Report On Intellectual Property Cases (2013) (China), Tong Li, Xiaohan Lou, Zhenan Wang, Qiuwen Xu
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April of each year, summarize and review new intellectual property cases. This translation includes all 30 cases and 39 legal issues of the 2013 Annual Report. It addresses patent law, trademark law, copyright law, unfair competition, contractual intellectual property rights, liability of intellectual property infringement, and intellectual property litigation procedure and evidence. While China is not a common law country, these cases and guidelines provide lower courts with meaningful insight and direction.
Supreme People's Court Annual Report On Intellectual Property Cases (2012) (China), Shudan Zhu
Supreme People's Court Annual Report On Intellectual Property Cases (2012) (China), Shudan Zhu
Washington International Law Journal
Beginning in 2008, the Supreme People’s Court of China started publishing the Annual Report on Intellectual Property Cases each April. By summarizing and reviewing intellectual property cases recently decided, the annual reports cover legal issues of general guidance that are selected to reflect adjudication standards and methods, as well as legal policies endorsed by the Supreme People’s Court. This translation includes all 34 cases and 37 legal issues as set forth in the 2012 Annual Report, touching on patent law, trademark law, copyright law, competition law, and litigation procedure. Although China is not a common law country, these cases still …
Gene Patents In Australia: A Game Theory Approach, Kate M. Mead
Gene Patents In Australia: A Game Theory Approach, Kate M. Mead
Washington International Law Journal
Gene patent validity is one of the most controversial issues in patent law. In Australia, the question of whether to eliminate human gene patents has reached both Parliament and the federal courts. Opponents of gene patents argue that gene patents increase the cost of healthcare and impede progress in genetic research. Proponents respond that gene patents are essential incentives for the biotech industry, and that Australia has an obligation to recognize them under the WTO-administered Treaty on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). Because patents require inventors to publically disclose their discoveries, Australia’s rejection of the gene patent system …
Punishing The Pen With The Sword?: Colombia's New, Extreme, And Ineffective Punishment For Plagiarism, David Cromwell
Punishing The Pen With The Sword?: Colombia's New, Extreme, And Ineffective Punishment For Plagiarism, David Cromwell
Washington International Law Journal
The Colombian Supreme Court of Justice recently sentenced a professor to two years in prison for plagiarizing a student’s thesis, an extreme punishment by both comparative and Colombian standards. Despite its severity and global ramifications, the decision has received little attention within the English-speaking legal community. This comment provides an overdue analysis of the case and clarifies the current state of Colombian copyright law, both on the books and on the ground. The comment argues that while the case has clarified that plagiarism is a crime in Colombia, addressing academic plagiarism through criminal punishment will likely do little to deter …
Colombia's Poetic World Of Authors' Moral Rights: Consideration On Imprisoning A Professor For Plagiarism, Carlos Castellanos Rubio, David Cromwell
Colombia's Poetic World Of Authors' Moral Rights: Consideration On Imprisoning A Professor For Plagiarism, Carlos Castellanos Rubio, David Cromwell
Washington International Law Journal
The following is a translation of Carlos Castellanos Rubio’s article in the June 2011 edition of La Revista de Derecho, Comunicaciones y Nuevas Tecnologías, a Colombian legal periodical. The article discusses a 2010 Colombian Supreme Court of Justice decision that sentenced Professor Luz Mary Giraldo to two years in prison plus monetary and civil sanctions for plagiarizing a student’s thesis, “The Poetic World of Giovanni Quessep.” The decision has been controversial in Colombia for a variety of reasons, and many have accused the Court of judicial activism. Much of this criticism stems from the Court convicting Giraldo of violating …
Comprehensive Strengthening Of Intellectual Property Adjudication Will Provide Powerful Judicial Guarantees For Constructing An Innovation-Based Country And Harmonious Society, Cao Jianming, Josef Rawert
Comprehensive Strengthening Of Intellectual Property Adjudication Will Provide Powerful Judicial Guarantees For Constructing An Innovation-Based Country And Harmonious Society, Cao Jianming, Josef Rawert
Washington International Law Journal
Multinational corporations and other foreigners bringing foreign direct investment to China have been willing to operate at a loss and risk having their intellectual property rights (“IPR”) infringed without recourse to effective legal protection, because they see a pay-off in the long run. As market reforms deepen and China’s economy continues to develop, so too will the power of judicial protection of IPR strengthen, the argument goes. This long-term outlook expects acceptable levels of legal protections for IPR to emerge and that significant competitive advantage will be enjoyed by those firmly established in Chinese markets when that happens. But what …
Counterfeit Pharmaceuticals In China: Could Changes Bring Stronger Protection For Intellectual Property Rights And Human Health?, Dina M. Bronshtein
Counterfeit Pharmaceuticals In China: Could Changes Bring Stronger Protection For Intellectual Property Rights And Human Health?, Dina M. Bronshtein
Washington International Law Journal
Although China seeks to improve its image as a legitimate participant in the global intellectual property (“IP”) market, Chinese companies continue to produce more than thirty percent of the counterfeit drugs circulating in the world today. The counterfeit pharmaceutical industry profits from efficient and cost-effective production systems by producing counterfeits at an exceedingly low cost. This poses a serious problem because the production and sale of counterfeit drugs leads to negative economic and social health-related effects. China’s existing penalties for counterfeit pharmaceutical production are considered a mere cost of doing business in China, rather than a deterrent from engaging in …
Geographical Indications In China: Why Protect Gis With Both Trademark And Oac-Type Legislation?, Bradley M. Bashaw
Geographical Indications In China: Why Protect Gis With Both Trademark And Oac-Type Legislation?, Bradley M. Bashaw
Washington International Law Journal
Geographical indications identify the place of origin of a good and signify a distinctive quality, reputation, or other characteristic of the good that is essentially attributable to that geographic source. Besides serving as source-identifiers and guarantees of quality, they are valuable business interests. Consequently, World Trade Organization members are required to afford them protection under the Agreement on Trade Related Aspects of Intellectual Property Rights. Signatories are free to choose the legal means by which they comply with TRIPS. While a few states rely solely on unfair competition law to meet their obligations, most primarily rely on either trademark law …
No Refills: The Intellectual Property High Court Decision In Canon V. Recycle Assist Will Negatively Impact The Printer Ink Cartridge Recycling Industry In Japan, Scott M. Tobias
Washington International Law Journal
In its decision in Canon v. Recycle Assist, the Japanese Intellectual Property High Court held that Recycle Assist had infringed on Canon’s patent for a printer ink cartridge by importing used Canon cartridges that had been cleaned and refilled with ink by a third party. The court found that the third party had modified essential elements of Canon’s patented ink cartridge, and therefore the modifications constituted not permissible repair, but infringing and impermissible remanufacture. The court defined essential elements as those intended to solve the technical problems present in similar, prior inventions. Unfortunately, the court failed to define clearly …
Establishing Secondary Liability With A Higher Degree Of Culpability: Redefining Chinese Internet Copyright Law To Encourage Technology Development, Yiman Zhang
Washington International Law Journal
While enjoying the tremendous economic benefit brought by the Internet to the nation, China has been attempting to update its intellectual property law to address online copyright infringement issues. The current legal framework, which premises copyright liability upon a direct infringement and joint liability theory, unfortunately has produced considerable ambiguity both within the judiciary and the affected industries. As shown in recent cases, the theory of joint liability, in addition to the broad scope of Chinese copyright law, has been particularly troublesome for China’s technology industry. Given China’s priority in technology innovation, its current copyright law has too low a …
Judgment On Unfair Competition Dispute Between Baidu Online Network Technology (Beijing) Ltd. Co. And Beijing 3721 Technology Ltd. Co., Pengyue Li
Washington International Law Journal
On October 20, 2003, Baidu Online Network Technology (Beijing) Ltd., Co. (“Baidu”), a Nasdaq-listed company known as the “Google of China,” filed a suit against its competitor Beijing 3721 Technology Ltd. Co. (“3721”) in Beijing Chaoyang District Court for copyright infringement and unfair competition. The case is regarded as China’s first copyright-infringement dispute involving website search-engine technology. Legal experts, the Chinese media, and the Supreme Court of China have paid close attention to the case, especially as it is related to China’s ongoing legislative effort to improve protection of intellectual property. The translation below is the appellate opinion in this …
Controlling Business Method Patents: How The Japanese Standard For Patenting Software Could Bring Reasonable Limitations To Business Method Patents In The United States, James S. Sfekas
Washington International Law Journal
In recent years, the United States has expanded the scope of subject matter that can be patented. The Court of Appeals for the Federal Circuit has evolved a standard that allows inventors to patent software as long as it produces a useful and tangible result. Japan has also expanded the scope of patentable subject matter, but in a more limited fashion. Under the Japanese standard, the Japan Patent Office will only grant a patent to software inventions that apply a law of nature. The U.S. standard is too generous in allowing patents on software and business methods. Business method patents, …
Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall
Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall
Washington International Law Journal
Online music piracy is a major problem in the United States and a growing problem in the People's Republic of China ("PRC"). Despite awareness of the roots of the problem, the responses of the American government and recording industry have enjoyed only mixed success. The most effective ways of combating online music piracy have been the legal pursuit of individual copyright infringers and the emergence of fee-based download services. In light of the differences in social background, laws, enforcement structure, and cultural beliefs between the United States and the PRC, simply transplanting American responses to online music piracy to the …
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
Washington International Law Journal
The patent laws of the United States and Japan contain provisions that permit the experimental use of patented inventions. In the United States, the common law experimental use exception has been utilized to permit the use of a patented invention to satisfy intellectual curiosity, as long as the use is not commercial. In 1984, the Hatch-Waxman Act provided a statutory experimental use exception in 35 U.S.C. § 271(e)(1). It amended the Patent Act to allow a generic drug company to experiment with a pioneer drug during the pioneer drug's patent term to generate data for obtaining regulatory approval. In contrast, …
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
Washington International Law Journal
The patent laws of the United States and Japan contain provisions that permit the experimental use of patented inventions. In the United States, the common law experimental use exception has been utilized to permit the use of a patented invention to satisfy intellectual curiosity, as long as the use is not commercial. In 1984, the Hatch-Waxman Act provided a statutory experimental use exception in 35 U.S.C. § 271(e)(1). It amended the Patent Act to allow a generic drug company to experiment with a pioneer drug during the pioneer drug's patent term to generate data for obtaining regulatory approval. In contrast, …
Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong
Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong
Washington International Law Journal
The term "artists" includes film, television ("TV"), stage, and musical actors and actresses ("actors"), pop singers and musicians, dancers, fashion models, and classical musicians. Although the same analysis can be applied to all of the categories above mentioned, this article solely focuses on pop singers and actors. The Copyright Act of Korea ("Copyright Act") defines Siryun ("public performance") as the entertainment activities of artists, and uses Siryunja ("performer") instead of "entertainer" as a legal term for artists.
How Wide Should The Gate Of "Technology" Be? Patentability Of Business Methods In China, Joy Y. Xiang
How Wide Should The Gate Of "Technology" Be? Patentability Of Business Methods In China, Joy Y. Xiang
Washington International Law Journal
China regards business methods to be a form of mental activity, and consequently excludes them from patent protection. In recent years, along with the proliferation of computer, telecommunication, and Internet technologies, the line between business methods and technology has blurred. As a result, other patent systems, such as U.S. patent law, have modified or are re-evaluating their patent treatment of business methods. The Chinese patent system is designed to promote the progress of science and technology. Business methods having no technical characters are not technological art. It would thus be overly inclusive to regard every business method as "technology" and …
A Comparative Analysis Of Selected Aspects Of Patent Law In China And The United States, Louis S. Sorell
A Comparative Analysis Of Selected Aspects Of Patent Law In China And The United States, Louis S. Sorell
Washington International Law Journal
China's recent admission to the World Trade Organization will bring increased attention to China's patent law, especially as foreign companies expand their technology-based presence in China. This Article summarizes the development of patent law in the United States and China, and compares various aspects of Chinese and American patent law. These aspects include the administrative and judicial hierarchy of the American and Chinese patent systems, patentability requirements, infringement and validity issues, the availability of injunctive relief, and the determination of monetary damages. The Article also discusses the compulsory licensing provisions of China's patent law. Similarities and differences of each patent …
Patent Protection For Pharmaceuticals: A Comparative Study Of The Law In The United States And Canada, Mary Atkinson
Patent Protection For Pharmaceuticals: A Comparative Study Of The Law In The United States And Canada, Mary Atkinson
Washington International Law Journal
A fundamental purpose of patent law is to encourage the development of new inventions by granting to the inventor exclusivity in the marketplace for a limited period of time. Patent law in the area of pharmaceuticals is complicated by the responsibility of governments not only to encourage research and development of new drugs, but also to assure that new drugs are widely available and affordable, as well as safe and effective. Governments, influenced by market and political philosophies, design patent laws and drug regulatory schemes to meet these responsibilities. The United States has a well-developed pharmaceutical industry and private-payer health …
Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" And "Quasi-Legal" Professions: Integrity Of Japanese Patent Practice At Risk?, Lee Rousso
Washington International Law Journal
In order to increase the quantity of intellectual property related legal services made available to the public, the Japanese Diet enacted a complete revision of Japan's eighty-year-old Patent Attorney Law. Under the terms of the new law, which became effective on January 6, 2001, benrishi (patent attorneys) have authority to greatly expand their range of professional activities. The newly recognized activities encroach upon the statutory monopoly long enjoyed by Japan's bengoshi (attorneys). Furthermore, the new legislation gives the benrishi a professional domain that is inconsistent with the profession's credential requirements. This Comment argues that the revision is likely to have …
The Battle Against Software Piracy: Software Copyright Protection In The Philippines, Grace P. Nerona
The Battle Against Software Piracy: Software Copyright Protection In The Philippines, Grace P. Nerona
Washington International Law Journal
The Philippines enacted the Intellectual Property Code ("IPC") on June 6, 1997 to comply with its World Trade Organization ("WTO") treaty obligations and to respond to U.S. concerns regarding intellectual property protection in the Philippines. The IPC streamlines administrative procedures, increases criminal penalties for copyright infringement, and provides copyright protection for computer software. Despite the enactment of the IPC, the United States has kept the Philippines on its Special 301 "Watch List" of intellectual property rights violators. The United States maintains that the level of intellectual property protection in the Philippines is inadequate and ineffective, particularly in the areas of …
The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney
The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney
Washington International Law Journal
In response to pressure from the United States, Thailand amended its Patent Act in 1992 and 1999 to provide patent protection for drugs and to limit its control on the pricing, importation, and compulsory licensing of patented drugs. These amendments and, perhaps even more importantly, the threat of U.S. trade sanctions, will probably ensure continued high prices and thus restricted access to new, patented Acquired Immune Deficiency Syndrome ("AIDS") drugs in Thailand. These drugs have dramatically changed the length and quality of life of patients infected with Human Immunodeficieny Virus ("HIV") in developed countries. About one million Thais are infected …