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Articles 1 - 30 of 904
Full-Text Articles in Entire DC Network
A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli
A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli
Irene Calboli
No abstract provided.
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
Brett Frischmann
No abstract provided.
Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles
Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles
Jeffrey John Miles
This paper evaluates the interordinal web of international cultural property law as applied in the United States. The work explores problematic areas where law fails to adequately protect against illicit trade in cultural property from art to artifacts. The complexity in this area stems from the often opaque movements of cultural property and the overlapping legal regimes of foreign nation states and domestic federal and state laws. After evaluating the structure of these laws as applied in the United States, I propose solutions to improve coverage where lacunas exist.
A Realist Approach To Copyright Law's Formalities, Michael W. Carroll
A Realist Approach To Copyright Law's Formalities, Michael W. Carroll
Michael W. Carroll
Rejecting the conventional story that formalities in copyright law were abolished by the Berne Convention, this Article demonstrates that privately administered systems of formalities play a significant role in the administration of copyright law worldwide. Indeed, they must because copyright is designed to support a transaction structure which requires rightsholders who seek to attract licensing partners to go through some formal step to identify themselves and the works in which they have a legal or beneficial interest. Canvassing the landscape of mandatory and voluntary public and private systems of formalities, this article argues that: (1) national policymakers retain more policy …
What Notice Did, Jessica Litman
What Notice Did, Jessica Litman
Jessica Litman
In this article, I explore the effect of the copyright notice prerequisite on the law's treatment of copyright ownership. The notice prerequisite, as construed by the courts, encouraged the development of legal doctrines that herded the ownership of copyrights into the hands of publishers and other intermediaries, notwithstanding statutory provisions that seem to have been designed at least in part to enable authors to keep their copyrights. Because copyright law required notice, other doctrinal developments were shaped by and distorted by that requirement. The promiscuous alienability of U.S. copyrights may itself have been an accidental development deriving from courts' constructions …
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Michael W. Carroll
Can Dna Be Speech?, Jorge R. Roig
Can Dna Be Speech?, Jorge R. Roig
Jorge R Roig
The Biblical Fool And The Brander: The Law And Economics Of Propertization In American Trademark Law, William P. Kratzke
The Biblical Fool And The Brander: The Law And Economics Of Propertization In American Trademark Law, William P. Kratzke
William P. Kratzke
Isaiah 35:8, which tells of “fools” upon a highway who shall not err, became authority for the position that the Federal Trade Commission should protect fools from deception. This Article examines the Biblical passage in context and concludes that it does not support protection of unthinking, credulous people. Ensuing FTC orders based on witnesses’ speculation of how fools would construe particular claims actually harmed fools. The FTC retreated. Unfortunately, the objective of protecting fools from deception has taken over § 43(a) Lanham Act jurisprudence – but now sellers speculate in competitor lawsuits how fools will construe competitors’ claims and undertake …
Joinder Of Unrelated Infringers As Defendants In Patent Litigation Under The Jurisprudence Of The United States District Court For Eastern District Of Texas—A Critical Review, Ping-Hsun Chen
Ping-Hsun Chen
On September 16, 2011, the American patent system started a new era because of the enactment of the Leahy-Smith America Invents Act (“AIA”). 35 U.S.C. § 299 was enacted to limit district court’s power to permit joinder of unrelated infringers as defendants in a single lawsuit. Before that, district courts apply Rule 20 of the Federal Civil Procedure. The Eastern District of Texas had permitted joinder only because the same patent was infringed. By introducing § 299, Congress intended to abrogate such approach. Later, the Federal Circuit in In re EMC limited the practice of Rule 20 and required a …
Joinder Of Unrelated Infringers As Defendants In Patent Litigation Under The Jurisprudence Of The United States District Court For Eastern District Of Texas—A Critical Review, Ping-Hsun Chen
Ping-Hsun Chen
On September 16, 2011, the American patent system started a new era because of the enactment of the Leahy-Smith America Invents Act (“AIA”). 35 U.S.C. § 299 was enacted to limit district court’s power to permit joinder of unrelated infringers as defendants in a single lawsuit. Before that, district courts apply Rule 20 of the Federal Civil Procedure. The Eastern District of Texas had permitted joinder only because the same patent was infringed. By introducing § 299, Congress intended to abrogate such approach. Later, the Federal Circuit in In re EMC limited the practice of Rule 20 and required a …
Artificial Intelligence, Robotics And The Next Transformative Technology, Woodrow Barfield
Artificial Intelligence, Robotics And The Next Transformative Technology, Woodrow Barfield
Woodrow Barfield
No abstract provided.
A Solution For The Pay For Play Delemma Of College Athletes:, Roger M. Groves
A Solution For The Pay For Play Delemma Of College Athletes:, Roger M. Groves
Roger M. Groves
ABSTRACT A SOLUTION FOR THE PAY FOR PLAY DELEMMA OF COLLEGE ATHLETES: A NOVEL COMPENSATION STRUCTURE TEHTERED TO AMATEURISM AND EDUCATION Over 80 percent of the total revenue received by the NCAA each year comes from television media rights agreements, which take advantage of the names, images and likeness of those who play the game as student-athletes. Yet there are NCAA rules that prohibit scholarship athletes from receiving as much as a dime from their own name – ever. Despite several challenges by plaintiff players, the most recent federal case, O’Bannon v. NCAA rejected those claims, and affirms the NCAA …
A Fake Right Of Priority Under The Cross-Strait Agreement On Intellectual Property Right Protection And Cooperation, Ping-Hsun Chen
A Fake Right Of Priority Under The Cross-Strait Agreement On Intellectual Property Right Protection And Cooperation, Ping-Hsun Chen
Ping-Hsun Chen
On June 26, 2010, Taiwan and China entered into a “Cross-Strait Agreement on Intellectual Property Rights Cooperation and Protection” (“Cross-Strait IP Agreement”). This Cross-Strait IP Agreement was renowned for China’s admission of a right of priority of Taiwanese patent applications or trademark applications. Under the TRIPS Agreement, China is obligated to admit a right of priority of Taiwanese applications, but it has never fulfilled such obligation. China’s particular concern is that a right of priority is rooted from the Paris Convention which only allows a state to join, so by admitting a right of priority of Taiwanese applications it may …
Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons
Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons
Lawrence J. Trautman Sr.
New business formation is a powerful economic engine that creates jobs. Diverse legal issues are encountered as a start-up entity approaches formation, initial capitalization and fundraising, arrangements with employees and independent contractors, and relationships with other third parties. The endeavors of a typical start-up in the United States will likely implicate many of the following areas of law: intellectual property; business organizations; tax laws; employment and labor laws; securities regulation; contracts and licensing agreements; commercial sales; debtor-creditor relations; real estate law; health and safety laws/codes; permits and licenses; environmental protection; industry specific regulatory laws and approval processes; tort/personal injury, products …
On Abolishment Of Statutory Damages In Chinese Patent Law, Xiaowu Li
On Abolishment Of Statutory Damages In Chinese Patent Law, Xiaowu Li
Xiaowu LI
This article argues that the statutory damages remedy for patent infringement in China should be abolished once for all. Statutory damages for patent infringement is not a mandatory obligation for a TRIPS(Trade Related aspects of the Intellectual Property Law) member state. Statutory damages has not helped solve the legal issues in calculating damages in China, but it has led to legitimately avoiding calculation of the actual loss of the patent right holder by concealing the real issues in current judicial practice, such as difficulties in proving damages and a lack of encouragement through rules of procedure for both parties to …
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Giancarlo Francesco Frosio
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …
Doctrinal Approaches To The Animal Breeders’ Rights Granting, Diana V. Ivanova Dr., Julia A. Fedorova
Doctrinal Approaches To The Animal Breeders’ Rights Granting, Diana V. Ivanova Dr., Julia A. Fedorova
Diana V. Ivanova Dr.
In the paper we analyze foreign and national doctrinal approaches to the animal breeders’ rights granting. Its genesis, legal nature of animal breed, and location of related legal norms are considered. We try to justify the possibility of granting animal breeders’ rights in the Republic of Belarus.
Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest
Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest
Sean Pager
INFRINGEMENT AS UNFAIR COMPETITION: A BLUEPRINT FOR GLOBAL GOVERNANCE?
Sean A. Pager Michigan State University College of Law
Eric Priest University of Oregon School of Law
ABSTRACT
This Article examines a new approach to address persistent regulatory failures in global supply chains. In a series of recent cases, unfair competition actions have been brought in U.S. court against foreign manufacturers who infringe software overseas under the theory that the cost savings from infringement confers an unfair advantage in U.S. markets. While this theory has been advanced in the intellectual property context, the same approach could work to target abuses in …
If That’S The Way It Must Be, Okay: Campbell V. Acuff-Rose On Rewind, Thomas C. Irvin
If That’S The Way It Must Be, Okay: Campbell V. Acuff-Rose On Rewind, Thomas C. Irvin
Thomas C. Irvin
The 1994 Supreme Court case Campbell v. Acuff-Rose established broad protections for parody in U.S. copyright law. The decision has justifiably been hailed as a victory for free speech and artistic creativity. But while the case is well known, the facts behind the case are not. Those facts show that the case should have been decided differently by every court that heard it. In short, the case came out wrong—wonderfully wrong. This article is the first in-depth review of Campbell v. Acuff-Rose since the decision was handed down nearly 20 years ago, and is the first to examine the musical …
Traditional Knowledge Rights And Wrongs, Sean Pager
Traditional Knowledge Rights And Wrongs, Sean Pager
Sean Pager
SourceURL:file://localhost/Users/sean/Documents/Folklore%20TK/Unpacking%20ABSTRACT.doc
Traditional Knowledge Rights and Wrongs
Sean A. Pager, Michigan State University
ABSTRACT
Should the intangible heritage of indigenous people be subject to intellectual property rights? After years of effort, international delegates are poised to complete a pair of ambitious treaties that would accomplish this goal. This Article provides the first detailed analysis and critique of the draft treaties, which provide for exclusive rights in traditional knowledge and cultural expression, respectively. Proponents of such protection often invoke both cultural integrity and economic justice rationales. Yet, these rationales dictate conflicting imperatives. To resolve these conflicts, the Article argues for greater differentiation …
Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen
Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen
Xi Chen
One heavily and contentiously argued clause in Chinese Copyright Law amendments drafts focuses on the practicality of granting authors of audiovisual works the legal right to collect subsequent remunerations (SRR), when their works are reused in subsequent exploitations.
With the rapid increase of media channels for the Chinese movie industry, and other entertainment industries relying on a heavy usage of audiovisual work, authors demand that they should be entitled to the profit earned from derivative markets and other media channel beyond the first intended market. In order to balance the conflicting interest between the author and the producer, and to …
Copyright In Pantomime
Brian L. Frye
Why does the Copyright Act specifically provide for the protection of “pantomimes”? This article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of “les pantomimes” and “entertainments in dumb show” in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to “pantomimes” was forgotten. This Article argues that …
International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias
International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias
Vitor M. Dias
No abstract provided.
Literature’S Idea-Expression Distinction: Drawing A Line With Distinctive Elements Of Alternate Worlds, Joshua Jeng
Literature’S Idea-Expression Distinction: Drawing A Line With Distinctive Elements Of Alternate Worlds, Joshua Jeng
Joshua Jeng
The line between ideas and expressions in copyright law has never been particularly clear. We want to protect what authors create so that they are motivated to create more, but we want broad concepts to remain free so that others may produce even more works. The distinction concept and an author's take on a concept has always been very difficult to define, even among legal scholars, and has largely remained misunderstood by the average author. However, as derivative works increase in prevalence and economic importance, the need for workable framework for understanding copyright that the lay author can understand is …
The Final Impression Counts - Seeking Common Ground In Design Patent Infringement, Dana Beldiman, Paolo Beconcini
The Final Impression Counts - Seeking Common Ground In Design Patent Infringement, Dana Beldiman, Paolo Beconcini
Dana Beldiman
THE FINAL IMPRESSION COUNTS – Seeking Common Ground in Design Patent Infringement
Dana Beldiman*and Paolo Beconcini
Abstract
The visual appearance of products has become an asset of considerable economic value. Litigation surrounding it is increasingly common and has focused IP law on certain tensions that relate to the visual nature of IP assets.
One such area is design patent infringement. Policy mandates that comparison of two similar designs for purposes of evaluating infringement be performed by a notional purchaser, based on the overall impression of a design as whole. However, in performing the analysis courts are tempted to …
The Emergence Of Classical American Patent Law, Herbert Hovenkamp
The Emergence Of Classical American Patent Law, Herbert Hovenkamp
Herbert Hovenkamp
The Emergence of Classical Patent Law
Abstract
One enduring historical debate concerns whether the American Constitution was intended to be "classical" -- referring to a theory of statecraft that maximizes the role of private markets and minimizes the role of government in economic affairs. The most central and powerful proposition of classical constitutionalism is that the government's role in economic development should be minimal. First, private rights in property and contract exist prior to any community needs for development. Second, if a particular project is worthwhile the market itself will make it occur. Third, when the government attempts to induce …
The Supreme Assimilation Of Patent Law, Peter Lee
The Supreme Assimilation Of Patent Law, Peter Lee
Peter Lee
Although tensions between universality and exceptionalism apply throughout law, they are particularly pronounced in patent law, a field that deals with highly technical subject matter. This Article explores these tensions by investigating an underappreciated descriptive theory of Supreme Court patent jurisprudence. Significantly extending previous scholarship, it argues that the Court’s recent decisions reflect a project of eliminating “patent exceptionalism” and assimilating patent doctrine to general legal principles (or, more precisely, to what the Court frames as general legal principles). Among other motivations, this trend responds to rather exceptional patent doctrine emanating from the Federal Circuit in areas as varied as …
Gender Biases In Cyberspace: A Two-Stage Model For A Feminist Way Forward, Shlomit Yanisky-Ravid, Amy Mittelman
Gender Biases In Cyberspace: A Two-Stage Model For A Feminist Way Forward, Shlomit Yanisky-Ravid, Amy Mittelman
Shlomit Yanisky-Ravid Professor of Law
Increasingly, there has been a focus on creating democratic standards and procedures in order to best facilitate open exchange of information and communication online—a goal that fits neatly within the feminist aim to democratize content creation and community. Collaborative websites, such as blogs, social networks, and, as focused on in this Article, Wikipedia, represent both a Cyberspace community entirely outside the strictures of the traditional (intellectual) proprietary paradigm and one that professes to truly embody the philosophy of a completely open, free, and democratic resource for all. In theory, collaborative websites are the solution that social activists, Intellectual Property opponents …
It’S The End Of The Biological Patent World As We Know It, And Consumer Watchdog Feels Fine: How Consumer Watchdog Is Attempting To Kill The Future Of Horticultural Research, George R. Holton
George R Holton
No abstract provided.
El Rompecabezas Incompleto. La Omisión Normativa Y Jurisprudencial Sobre La Protección Por El Derecho De Autor De Personajes Y Objetos De La Obra, Javier André Murillo Chávez
El Rompecabezas Incompleto. La Omisión Normativa Y Jurisprudencial Sobre La Protección Por El Derecho De Autor De Personajes Y Objetos De La Obra, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.