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Selected Works

Graeme B. Dinwoodie

Selected Works

2004

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The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture On Intellectual Property Law: The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie Dec 2003

The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture On Intellectual Property Law: The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie

Graeme B. Dinwoodie

No abstract provided.


Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie Dec 2003

Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie

Graeme B. Dinwoodie

International copyright law must be based on an assessment of what types and levels of protection best further the purposes of copyright law. But constructing the international copyright regime is difficult as the international system must wrestle with copyright dilemmas that exist at the national level as well as broader challenges facing international law. This paper delineates the connection between international copyright law and the generation and distribution of knowledge by discussing two recent examples of (possible) unconventional international copyright rulemaking, namely, norms generated by Internet Service Providers in responding to infringement claims, and norms arising out of digital rights …


Trips And The Dynamics Of Intellectual Property Lawmaking (With R. Dreyfuss), Graeme B. Dinwoodie Dec 2003

Trips And The Dynamics Of Intellectual Property Lawmaking (With R. Dreyfuss), Graeme B. Dinwoodie

Graeme B. Dinwoodie

In prior work, we took up the question of the TRIPs Agreement's resilience to changes in domestic law. We argued that such resilience is necessary because information production is a dynamic enterprise. As new industries emerge and mature, nations must have the flexibility to modify their intellectual property rules to readjust the balance between public and private rights. In the course of that study, we examined approaches to TRIPs dispute resolution that could cabin the choices of legislation available to deal with emergent substantive problems, and which could distort the legal environment in which creative enterprises are conducted. In this …


Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie Dec 2003

Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie

Graeme B. Dinwoodie

International copyright law must be based on an assessment of what types and levels of protection best further the purposes of copyright law. But constructing the international copyright regime is difficult as the international system must wrestle with copyright dilemmas that exist at the national level as well as broader challenges facing international law. This paper delineates the connection between international copyright law and the generation and distribution of knowledge by discussing two recent examples of (possible) unconventional international copyright rulemaking, namely, norms generated by Internet Service Providers in responding to infringement claims, and norms arising out of digital rights …