Digital Commons Network^™

Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh

Duke Law Journal

Preliminary injunctions against libel, obscenity, and other kinds of speech are generally considered unconstitutional prior restraints. Even though libel may inflict truly irreparable harm on its victim, the most a libel plaintiff can hope for is damages, or perhaps a permanent injunction after final adjudication, not preliminary relief. Professors Lemley and Volokh argue the same rule should apply to preliminary injunctions in many copyright, trademark, right of publicity, and trade secret cases. They note that intellectual property rights, unlike other property rights, are a form of content-based, government-imposed speech restriction. The mere fact that the restriction is denominated a "property …

From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller

Duke Journal of Comparative & International Law

No abstract provided.

The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink

Duke Journal of Comparative & International Law

No abstract provided.

The Conditions Of The Judicial And Administrative Protection Of Copyright In China, Wu Shulin

Duke Journal of Comparative & International Law

No abstract provided.

Administrative Management And Enforcement Of Copyright In China, Chen Zhaokuan

Duke Journal of Comparative & International Law

No abstract provided.

The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus

Duke Journal of Comparative & International Law

No abstract provided.

The Trips Agreement And Intellectual Property Protection In China, Zheng Chengsi

Duke Journal of Comparative & International Law

No abstract provided.

China’S System Of Trademark Administration, Liu Peizhi

Duke Journal of Comparative & International Law

No abstract provided.

A Brief Introduction To The Patent Practice In China, Yin Xintian

Duke Journal of Comparative & International Law

No abstract provided.

Domain Names, Globalization, And Internet Governance, Marshall Leaffer

Indiana Journal of Global Legal Studies

No abstract provided.

Another Look At European Internet Law, Alain Gardrat

Media Law and Policy

No abstract provided.

1998 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 10

Telford Taylor 1908-1998, page 15

Gossip v. Public Discourse, page 20

DeGrazia & Ginsberg: A Remembrance of Their Struggle Against Censorship, page 23

An Interview with Jacques Derrida, page 30

Alumni News & Notes, page 35

Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells

Washington and Lee Law Review

No abstract provided.

Philosophical Questions About The Ethics Of Intellectual Property, Jason Ellis Anderson

Undergraduate Honors Capstone Projects

Intellectual Property can be divided into two broad categories, Patents and Copyrights or Trade Secrets. Trade Secrets as it nomenclature suggests are secrets kept for some economic reason. The classic example of a Trade Secret is the Coca-Cola formula. This formula has been the foundation of its empire yet is only protected by its right to secrecy. Trade Secret justifications are fairly clear and based on the right of privacy and personal autonomy. The key difference between Trade Secrets and Patents/Copyrights are that Patents or Copyrights are accessible to the public. Trade Secrets are required to be inaccessible and non-disclosed.

1998 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 10

An Interview with Stephen J. Schulte, page 14

The Jacob Burns Institute for Advanced Legal Studies, page 19

Not Just Any Immigration Case, page 23

Members of the Adjunct Faculty Share a Celebrated Moment, page 31

Cardozo Goes Residential, page 38

Alumni News & Notes, page 42

From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul E. Geller

Vanderbilt Journal of Transnational Law

Laws of intellectual property define what is bought and sold on media and technology markets, notably works, trademarks, and inventions. Laws and treaties have traditionally been made and enforced by nation-states operating in a patchwork of territories. Now, the media and technology marketplace is being globalized in digital networks. The law is only beginning to respond to this change.

To analyze this process in the field of intellectual property, this Article will consider the following questions: First, how is the patchwork of national laws lagging behind new networks in this field? Second, how does the international regime of intellectual property …

The Feasibility Of The Abstraction-Filtration-Comparison Test For Computer Software Copyrightability (And Analysis Of Bateman V. Mnemonics), Lisa M. Gable

Georgia State University Law Review

No abstract provided.

Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry

Law Publications

The road of privatisation of government assets is littered with the debris of mishaps and oversights. One clear illustration is the history and effect of the sale of the Government Printing Office (GPO) in 1990. Within the sale process there was a failure to ensure adequate consideration of the policy implications from an important perspective, namely the effect of privatising the means of promulgation of the normative materials of the State. Furthermore, there was no enquiry into the dubious assumptions made as to Crown Copyright in legislation.

Intellectual property rights in primary legal materials create a dilemma for policy makers. …

The New World Of International Trademark Law, Marshall A. Leaffer

The Honorable Helen Wilson Nies Memorial Lecture

Prof. Leaffer discusses how the globalization process has forced evolution of international norms and favorably changed the face of trademark law. He reviews the new developments in major treaties, the Madrid Protocol and the Trademark Law Treaty. Prof. Leaffer also explains regional treaties, such as the new Community Trademark, and how they continue to build upon the progress of the Paris Convention toward harmonization in the world of international trademark law.

Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson

Ira Steven Nathenson

This Article addresses 'spamdexing,' namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using 'meta tags,' indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits. But the …

The Defense Of "Fair Use": A Primer, Alan J. Hartnick

Touro Law Review

No abstract provided.

Transforming Trade Secret Theft Violations Into Federal Crimes: The Economic Espionage Act, Lorin L. Reisner

Touro Law Review

No abstract provided.

Copyright Protection Of Software, Severine Desimpelaere

LLM Theses and Essays

Computer technology has developed within the last decades with many advancements which require intellectual property protections. This thesis addresses the need for the legal protection of software by the vast body of copyright laws. This thesis examines the history, nature, textual and practical compositions of copyright laws and their adaptability to computer technology. The thesis further analyses the scope of copyright protection with emphasis on the Computer Software Copyright Act of 1980 (CSCA), the regime of international conventions for the protection of software as well as other statutory protections for the owners and users of the software. The thesis concludes …

Introduction To Keynote Address: Symposium: The First Amendment And The Media: Convergence--Necessary, Evil, Or Both? The Legal, Economic, And Cultural Impacts Of Mega Media Mergers, Joel R. Reidenberg

Faculty Scholarship

It is my pleasure today to introduce our keynote speaker, Professor Larry Lessig. Professor Lessig is the Jack and Lillian Berkman Professor of Entrepreneurial Legal Studies at Harvard Law School and is a renowned scholar in intellectual property, constitutional, Internet, and new media law. Indeed, the last time Professor Lessig spoke here at Fordham, he was focusing on his pioneering work addressing fidelity in constitutional interpretation. Of course, not the sort of fidelity that the Senate is debating this afternoon.

Using Creativity To Fight A $60 Billion Consumer Problem—Counterfeit Goods, Xuan-Thao Nguyen, Maxim H. Waldbaum

Articles

For centuries, consumers have been willing to pay exorbitant prices for unique or premiumquality goods. Throughout the evolution of the "designer label" market, counterfeiters have lurked in the shadows of the economic landscape. Thus, the problem of counterfeit goods represents nothing new in the global economy.

Losing The Presumption Of Market Power For Antitrust Purposes, And Its Affect On The Software Industry, Regina A. Demeo

Santa Clara High Technology Law Journal

No abstract provided.

Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon

Faculty Scholarship

As people become enamored with the possible benefits of allowing price discrimination in contracts for intellectual goods, they should realize that traditional intellectual property law works by fostering price discrimination among customers. This simple fact has implications for federal pre-emption, and is a reminder of the complexity of the economic issues involved. Increasing a seller's ability to price discriminate will often involve increasing his monopoly power, with dubious welfare effects.

The Irony Of Deregulatory Takings, Jim Rossi

Vanderbilt Law School Faculty Publications

This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …

An Economic Analysis Of Intellectual Property Rights: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government Run Reward System, Steve Calandrillo

Articles

This article examines and questions the traditional justifications for intellectual property (I.P.) rights in America (focusing on copyright and patent law), and explores incentives necessary to induce the creation of these works of information. I conclude that changes are needed to I.P. law in order to best foster society's dual goals of 1) promoting incentives to create I.P. works (such as currently patented drugs), while also 2) maximizing distribution of those products to all consumers who would stand to gain (and not merely those who can afford the monopoly price charged). Hence, I suggest the creation of a Government-Run Reward …

Rights Of Publicity: An In-Depth Analysis Of The New Legislative Proposals To Congress, Marci Hamilton, Steven M. Getzoff, Barbara Kolsun, William M. Hart, Diane L. Zimmerman

Faculty Articles

No abstract provided.