Law Commons^™

Recent Developments In The Law Of Comparative Advertising In Italy – Towards An Effective Enforcement Of The Principles Of Directive 97/55/Ec Under The New Regime?, Irene Calboli

Irene Calboli

On February 25, 2000, the Italian Government adopted Legislative Decree No. 67, which enacted Directive 97/55/EC amending Directive 84/450/EEC concerning misleading advertising, so as to include comparative advertising. Contrary to what one could have expected in a country that has traditionally banned comparison in advertisements, Italy was one of the first among the Member States to implement Directive 97/55/EC. In order to allow consistent enforcement practices, however, the adoption of the new law must be followed by a profound change in the ways Italian courts and legal operators have approaches this issue so far. This Article explores this issue and …

The Property Rights Movement's Embrace Of Intellectual Property: True Love Or Doomed Relationship, Peter S. Menell

Peter Menell

No abstract provided.

Tailoring Legal Protection For Computer Software, Peter S. Menell

Peter Menell

No abstract provided.

Intellectual Property And The Law Of Land, Peter S. Menell

Peter Menell

The author expresses opinion on an essay by professor Richard Epstein on intellectual property and property rights movement. He says the professor acknowledges that governance of intellectual property involves a complex public policy balance that varies from real property governance. He stresses Epstein should agree that the uniform structure of patent law across all innovation may be a significant issue. He notes the demand for more adjustments to the patent system to distinguish among the various fields of inventive activity covered by patent law.

Intellectual Property And The Property Rights Movement, Peter S. Menell

Peter Menell

The article discusses why the effort to equate protecting intellectual property (IP) and tangible property differ in significant ways. The author criticizes the property rights movement for trying to equate IP protection with real property. He discusses the differences between philosophical, legal, economic and political bases for protecting both types of property. He also tackles the various characteristics of intellectual resources.

Private Value Determinations And The Potential Effect On The Future Of Research And Development, Amy L. Landers

Amy L. Landers

Although the promise of an emerging patent market is thought to provide future benefits to invention, innovation, and the public, this essay examines the possibility that the aggregate influence of this activity could instead destabilize patent values in a manner that mirrors the "bubble" phenomenon that occurred in certain markets in the past. To the extent that this occurs, this would destabilize the patent system and might have negative consequences for the future of investment in research, development and innovation.

The International Enclosure Movement, Peter K. Yu

Peter K. Yu

No abstract provided.

Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss

Andrew P. Morriss

Patent law today is a complex institution in most developed economies and the appropriate structure for patent law is hotly debated around the world. Despite their differences, one crucial feature is shared by the diverse patent systems of the industrialized world even before the recent trend toward harmonization: modern patent regimes include self-imposed restrictions of executive and legislative discretion, which we refer to as "constitutionalized" systems. Given the lucrative nature of patent monopolies, the long history of granting patents as a form of patronage, and the aggressive pursuit of patronage in most societies, the choice to confine patents within a …

Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss

Andrew P. Morriss

Patent law today is a complex institution in most developed economies and the appropriate structure for patent law is hotly debated around the world. Despite their differences, one crucial feature is shared by the diverse patent systems of the industrialized world even before the recent trend toward harmonization: modern patent regimes include self-imposed restrictions of executive and legislative discretion, which we refer to as "constitutionalized" systems. Given the lucrative nature of patent monopolies, the long history of granting patents as a form of patronage, and the aggressive pursuit of patronage in most societies, the choice to confine patents within a …

International Intellectual Property Scholars Series: Reviewing The (Shrinking) Principle Of Trademark Exhaustion In The European Union (Ten Years Later), Irene Calboli

Irene Calboli

Ten years ago, I published an article in the Marquette Intellectual Property Law Review titled “Trademark Exhaustion in the European Union: Community-Wide or International? The Saga Continues.” In that article, I described the development of the principle of trademark exhaustion in the European Union (EU) and analyzed the interplay among trademark protection, trademark territoriality, and the treatment of the parallel importation of gray market products—unauthorized genuine goods imported from foreign countries—under Article 7 of the Trademark Directive (Article 7). In this Essay, I continue to explore, ten years after my 2002 article, the development of the principle of trademark exhaustion …

To Waive And Waive Not: Property And Flexibility In The Digital Era: 23rd Annual Horace S. Manges Lecture, April 6, 2010, Robert P. Merges

Robert P Merges

No abstract provided.

The Concept Of Property In The Digital Era, Robert P. Merges

Robert P Merges

No abstract provided.

Individual Creators In The Cultural Commons, Robert P. Merges

Robert P Merges

No abstract provided.

Intellectual Property Rights And The New Institutional Economics, Robert P. Merges

Robert P Merges

No abstract provided.

Battle Of Lateralisms: Intellectual Property And Trade, Robert P. Merges

Robert P Merges

No abstract provided.

Autonomy And Independence: The Normative Face Of Transaction Costs, Robert P. Merges

Robert P Merges

No abstract provided.

Rent Control In The Patent District: Observations On The Grady-Alexander Thesis, Robert P. Merges

Robert P Merges

No abstract provided.

Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Preliminary Thoughts On Copyright Reform, Pamela Samuelson

Pamela Samuelson

The article discusses the relevance of revising the U.S. Copyright Act of 1976. According to the author, the Copyright Act of 1976 has already undergone more than 20 amendments since it was ratified into law which compromises its regulations because of the diverse inter and intra industrial negotiations as well as increases controversial issues on law and policymaking. Moreover, the author stresses that revision of the legislation is necessary because it contains lapses and insufficient policies in addressing advanced technological innovations and digital applications. It also cites the codification development model of copyright law and the guidelines to consider in …

Comparing U.S. And Ec Copyright Protection For Computer Programs: Are They More Different Than They Seem, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Digital Media And The Changing Face Of Intellectual Property Law, Pamela Samuelson

Pamela Samuelson

No abstract provided.

The Need For Reform Of The Software Licensing Policy Of The Department Of Defense, Pamela Samuelson

Pamela Samuelson

No abstract provided.

Some New Kinds Of Authorship Made Possible By Computers And Some Intellectual Property Questions They Raise, Pamela Samuelson

Pamela Samuelson

No abstract provided.

A Manifesto Concerning The Legal Protection Of Computer Programs, Pamela Samuelson, Randall Davis, Mitchell D. Kapor, J. H. Reichman

Pamela Samuelson

No abstract provided.

A Preliminary Measure: Retroactive Copyright Term Reduction And The Takings Clause, Eugene V. Beliy

Eugene V Beliy

The current duration of a copyright term under U.S. law is an astounding life of the author plus 70 years. This term length is a product of a series of retroactive extensions enacted by Congress. It is well settled that the term can be retroactively extended--but can it be retroactively reduced? Would Congress violate the Fifth Amendment Takings Clause if it retroactively reduced copyright term without providing just compensation? This paper argues that it would not. First, this paper frames the discussion by analyzing the policy behind Copyright Law and term length. Second, this paper identifies a potential Takings Clause …

Predictions For 2015: Npe Patent Litigation, Jodi Benassi

Jodi Benassi

No abstract provided.

Patentable Subject Matter As A Policy Lever, Amy L. Landers

Amy L. Landers

Patents are intended to be used as instruments to further policy. One potent policy driver to accomplish such goals is through the legal construction and application of the term “invention." Internationally, various legal authorities have recognized that this definition can be crafted in ways that are targeted to have real-world consequences. In the U.S., the open-ended framework of the Patent Act's section 101 invites judicial interpretation to effectuate the law's purposes. Ideally, these determinations should rest on articulated, transparent reasoning so that, under a common law system, those policies can serve as touchstones to ensure that the relevant precedents are …

The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers

Amy L. Landers

The controversy surrounding the current implementation of the patent system is well known. Some question whether the system has become entirely dysfunctional and disincentives innovation, particularly as the law operates within some industries. Moreover, early stage companies, particularly those just beginning to gain success, are particularly vulnerable targets for lawsuits. Notably, these same companies can be rich sources of important technological innovation.

Because the U.S. has always had a patent system, it is impossible to understand the intended and unintended consequences of eliminating this form of intellectual property protection even in a limited manner. As economist Fritz Machlup stated in …

Applying Patent-Eligible Subject Matter Restriction, Jonas Anderson

J. Jonas Anderson

Patent Conflicts, Tejas N. Narechania

Tejas N. Narechania