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Articles 1 - 11 of 11
Full-Text Articles in Law
Copyright Law’S Origin Stories, Laura A. Heymann
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
Faculty Publications
Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations
Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent …
Perverse Innovation, Dan L. Burk
Perverse Innovation, Dan L. Burk
William & Mary Law Review
An inescapable feature of regulation is the existence of loopholes: activities that formally comply with the text of regulation, but which in practice avoid the desired outcome of the regulation. Considerable ingenuity may be devoted to exploiting regulatory loopholes. Where technological regulation is at issue, such ingenuity may often be devoted to developing new technology that avoids the regulation; such innovation may be termed “perverse” because it is directed to avoiding the regulation that prompted it. Nonetheless, in this Article I argue that such regulatory circumvention may result in socially beneficial innovation. Drawing on insights from innovation policy in the …
Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Productivity And Diversity In Research And Agriculture: Improving The Ipr Landscape For Food Security, A. Max Jarvie
Productivity And Diversity In Research And Agriculture: Improving The Ipr Landscape For Food Security, A. Max Jarvie
William & Mary Environmental Law and Policy Review
While food security has long been a national or regional burden, the advent of international instruments governing intellectual property rights over conventionally bred plant varieties and genetically modified plants has made the management of food security a global concern. Current intellectual property regimes do not provide clear support for innovations in crop productivity or biodiversity, both of which are implicated in the long term stability of food supply. This Paper examines the intellectual property regimes governing agricultural food stocks with respect to the level of support they provide for three key research programs in the development of crop seeds and …
Scope, Mark A. Lemley, Mark P. Mckenna
Scope, Mark A. Lemley, Mark P. Mckenna
William & Mary Law Review
Virtually every significant legal doctrine in IP is either about whether the plaintiff has a valid IP right that the law will recognize (validity); whether the defendant’s conduct violates that right (infringement); or whether the defendant is somehow privileged to violate that right (defenses). IP regimes tend to separate doctrines in these three legal categories relatively strictly. They apply different burdens of proof and persuasion to infringement and validity. In many cases they ask different actors to decide one doctrine but not the other. And even where none of that is true, the nature of IP law is to categorize …
Harnessing Human Potential: Induced Pluripotent Stem Cell Patentability Under The Lens Of Myriad, Derek Van Den Abeelen
Harnessing Human Potential: Induced Pluripotent Stem Cell Patentability Under The Lens Of Myriad, Derek Van Den Abeelen
William & Mary Business Law Review
After the Supreme Court's decision in Ass'n for Molecular Pathology v. Myriad Genetic's, previously patentable materials may now be rejected as unpatentable subject matter, specifically because they cover natural products. This presents a problem for businesses performing adult stem cell research and development, because stem cells exist in nature but pluripotency in adult stem cells does not. The United States Patent and Trademark Office (USPTO) and federal courts must recognize that these stem cells are still patentable because there is human intervention that creates a product that could not exist in nature on its own. Neither the USPTO nor any …
Mass Digitization Of Cultural Heritage: Why Copyright Obstacles Must Be Overcome
Mass Digitization Of Cultural Heritage: Why Copyright Obstacles Must Be Overcome
Stanley H. Mervis Lecture
No abstract provided.
Patents Absent Adversaries, Sarah R. Wasserman Rajec
Patents Absent Adversaries, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
Who Owns This Article? Applying Copyright’S Work-Made-For-Hire Doctrine To Librarians’ Scholarship, Paul Hellyer
Who Owns This Article? Applying Copyright’S Work-Made-For-Hire Doctrine To Librarians’ Scholarship, Paul Hellyer
Library Staff Publications
The Copyright Act of 1976 provides that works—including scholarship—written within the scope of employment belong to employers. But copyright law and actual practices widely diverge. The academic community generally allows librarians to claim ownership of their writing, even when that ignores copyright law. Mr. Hellyer supports copyright ownership by librarians, and calls for the law and common practices to be harmonized.
What Is Digital Rights Management?, Frederick W. Dingledy, Alex Berrio Matamoros
What Is Digital Rights Management?, Frederick W. Dingledy, Alex Berrio Matamoros
Library Staff Publications
No abstract provided.