Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Patents (3)
- AIDS (Disease) -- Africa (1)
- Access to Essential Medicines (1)
- Africa (1)
- Copyright law (1)
-
- European law (1)
- HIV/AIDS (1)
- Health services accessibility (1)
- Human rights -- Africa (1)
- Identity (1)
- Intellectual Property (1)
- Inventions (1)
- Michel M. Walter (1)
- Name trademarks (1)
- Naming Law (1)
- Notice (Law) (1)
- Patent claim interpretation (1)
- Presumptions (1)
- Public Notice (1)
- Quasi-patents (1)
- Semi-patents (1)
- Silke von Lewinski (1)
- Software (1)
- Trademark (1)
- Trademark dilution (1)
- United Nations General Assembly Universal Declaration of Human Rights (1)
- United States Court of Appeals (Federal Circuit) (1)
- World Trade Organization (1)
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
Patents, Presumptions, And Public Notice, Timothy R. Holbrook
Patents, Presumptions, And Public Notice, Timothy R. Holbrook
Indiana Law Journal
Patents are peculiar legal instruments in that they contain both technical and legal information. This Janus-like nature of the documents is important because they serve the legal purpose of affording the owner the right to exclude others from practicing the invention, and third parties need to be able to assess the scope of that right. At the same time, through the patent’s disclosure, the document is intended to contribute to the storehouse of technical knowledge. Superficially, patents are generally viewed through the eyes of the hypothetical person having ordinary skill in the art (PHOSITA), patent law’s “reasonable person.” Unfortunately, the …
A Comparative Perspective On The Patent Eligibility Of Software Inventions, Hung-San Kuo
A Comparative Perspective On The Patent Eligibility Of Software Inventions, Hung-San Kuo
Maurer Theses and Dissertations
Computer software is considered similar to an algorithm, a mental activity, or an abstract idea, so whether or not it meets patent eligibility is full of controversy. Although computer software products are sold all over the world, each jurisdiction deals with them differently based on individual regulations. If there were an objective and proper way to deal with this subject matter, it would reduce the number of debates and narrow the gap of patent protection among different jurisdictions.
The meaning of "invention" in patent law in each jurisdiction is the most important factor affecting the determination of patent eligibility, which …
Naming, Identity, And Trademark Law, Laura A. Heymann
Naming, Identity, And Trademark Law, Laura A. Heymann
Indiana Law Journal
As the process of creation in the age of digital media becomes more fluid, one pervasive theme has been the desire for attribution: from the creator’s perspective, to receive credit for what one does (and to have credit not falsely attributed) and from the audience’s perspective, to understand the source of material with which one engages. But our norms of attribution reflect some inconsistencies in defining the relationship among name, identity, and authenticity. A blog post by a writer identified only by a pseudonym may prove to be very influential in the court of public opinion, while the use of …
Partial Patents, Michael Mattioli, Gideon Parchomovsky
Partial Patents, Michael Mattioli, Gideon Parchomovsky
Articles by Maurer Faculty
In this Article, we propose a way to improve the workings of the patent system. Unlike most extant reform proposals that focus on the USPTO and the Federal Circuit and the procedures they employ, our proposal is conceptual in nature. We introduce two new intellectual property forms—“quasi-patents” and “semi-patents.” Quasi-patents, as we define them, would avail only against direct business competitors of the inventor, but not against anyone else. Semi-patents would have the same scope as traditional patents, but their grant would be conditioned on an applicant’s consent to publish all research information pertaining to the protected invention. These two …
The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George
Indiana Journal of Global Legal Studies
The HIV/AIDS pandemic has had a devastating and disproportionate impact in countries of the Global South. The experience of an individual infected with HIV in Africa is very different than that of an individual infected with HIV in America. Life expectancy varies sharply. The ability or inability to access medicines essential for treatment accounts for much of the variance. This article examines how the rhetoric of human rights used in the context of South Africa's AIDS crisis resonated across the Global South, resulted in a powerful social movement for access to medicines, and contributed to important changes in international intellectual …
Book Review. European Copyright Law: A Commentary., Marshall A. Leaffer
Book Review. European Copyright Law: A Commentary., Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.