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Articles 1 - 15 of 15
Full-Text Articles in Law
Redefining Trade Secrets In North Carolina, Christopher A. Moore
Redefining Trade Secrets In North Carolina, Christopher A. Moore
Campbell Law Review
North Carolina has a trade secrets problem, and it resides at the most elementary part of the doctrine: the definition. In the North Carolina Trade Secrets Protection Act, the general assembly established an elemental, two-prong test for identifying a trade secret. Courts adjudicating trade secrets cases, however, have strayed from this definition, instead applying a six-factor balancing test that common law courts used before enactment of statutory trade secret definitions. This bifurcated development has not only created an inconsistent jurisprudence-it has also cultivated fundamental problems in the North Carolina legal system. Namely, North Carolina courts have infringed on the province …
Deconstructing Shanzhai - China's Copycat Counterculture: Catch Me If You Can, William Hennessey
Deconstructing Shanzhai - China's Copycat Counterculture: Catch Me If You Can, William Hennessey
Campbell Law Review
What is a “Chinese copy”? And why does China have a reputation as the quintessential “copycat culture,” where nimble knock-offs of virtually any article are in the daily news and respect for and protection of the intellectual property owned by others is widely perceived to be either weak or non-existent? Are copying and creativity diametrical opposites, two sides of the same coin, or unrelated to one other? Are wildly successful imitators uncreative? Does the charge that “the Chinese are the masters of copying” reflect something unique about China’s traditions and culture? Do China’s cultural traditions (particularly Confucianism) foster copying or …
Should Foreign Patent Law Matter?, Timothy R. Holbrook
Should Foreign Patent Law Matter?, Timothy R. Holbrook
Campbell Law Review
One of the most controversial issues in American law today is the extent to which it is appropriate for courts to consider foreign law when deciding issues of United States law. The debate has engaged the courts, Congress, and commentators, leading to discussions about completely banning references to non-United States law by courts. The reality is, however, that the United States courts often have to address or apply foreign law.
Chinese Patents As Copyrights, Benjamin Piwei Liu
Chinese Patents As Copyrights, Benjamin Piwei Liu
Campbell Law Review
Although harmonization efforts such as the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS) and the Patent Corporation Treaty regime have brought national patent systems closer, differences among them remain a continuing challenge to innovators in an interconnected global marketplace. The recent development of the Chinese patent system is of particular interest because China is the factory of the world, the most populous market, the home of the patent office that handles the most patent application filings, and the number one source of imports that violate intellectual property rights (IPR). Its patent system affects every company whose supply …
The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu
The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu
Campbell Law Review
Since its reopening to foreign trade in the late 1990s, China has been the poster child of intellectual property piracy and counterfeiting. Virtually every year, the Office of the United States Trade Representative (USTR) lists China on its watch list or priority watch list. The country’s piracy and counterfeiting problems have also been frequently mentioned in connection with international intellectual property enforcement initiatives, such as the highly controversial Anti-Counterfeiting Trade Agreement (ACTA) and the equally problematic domestic legislative proposals for heightened copyright enforcement. In a recent report, the International Trade Commission estimated that “firms in the U.S. [intellectual property]–intensive economy …
Change To The Best Mode Requirement In The Leahy-Smith America Invents Act: Why Congress Got It Right, Andrew R. Shores
Change To The Best Mode Requirement In The Leahy-Smith America Invents Act: Why Congress Got It Right, Andrew R. Shores
Campbell Law Review
The Leahy-Smith America Invents Act (AIA), signed into law on September 16, 2011, represents the most significant overhaul of the United States Patent system since the Patent Act of 1952. In addition to making the United States a “first-to-file” system, which is more in line with the patent law of other countries, the act institutes numerous other changes aimed at ensuring that the United States “maintains its competitive edge in the global economy.” One of these changes eliminates failure to disclose the best mode as a defense in patent infringement litigation. Proponents applaud the change for the positive effect it …
The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin
The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin
Campbell Law Review
The Supreme Court’s 2010 decision in Bilski v. Kappos appears to have provided inadequate guidance to the courts and the Patent Office regarding the scope of the abstract-ideas exclusion from patentable subject matter. Federal Circuit Chief Judge Randall R. Rader, however, appears to have found in that decision a clear vindication of his own view that the machine-or-transformation test is incorrectly grounded in “the age of iron and steel at a time of subatomic particles and terabytes,” and thus fails, for example, to accommodate advances in “software [that] transform[] our lives without physical anchors.” Chief Judge Rader has subsequently authored …
Out Of Sight, Out Of Mind? Why The Lanham Act Needs To Be Brought Into The Digital Millennium, M. Lee Taft
Out Of Sight, Out Of Mind? Why The Lanham Act Needs To Be Brought Into The Digital Millennium, M. Lee Taft
Campbell Law Review
This Comment provides a brief overview of trademark law as specifically applied in the context of the Internet, and also looks at the substantial differences in how that law is applied in various jurisdictions. Part I of the Comment briefly discusses the protections offered by the Lanham Act. Part II discusses the Lanham Act as applied to the Internet, specifically in the context of website meta tags. Part III discusses how recent decisions have ruled on the buying and selling of keywords. Part IV discusses recent rulings on using trademarked terms as meta tags. Finally, Part V discusses potential changes …
The Future Of Music In A Digital Age: The Ongoing Conflict Between Copyright Law And Peer-To-Peer Technology, Lori A. Morea
The Future Of Music In A Digital Age: The Ongoing Conflict Between Copyright Law And Peer-To-Peer Technology, Lori A. Morea
Campbell Law Review
This article explains the issues that have surfaced as a result of the development of new technology and peer-to-peer networks, as well as civil lawsuits the recording industry has pursued against infringers.
Dance And The Choreographer's Dilemma: A Legal And Cultural Perspective On Copyright Protection For Choreographic Works, Kathleen Abitabile, Jeanette Picerno
Dance And The Choreographer's Dilemma: A Legal And Cultural Perspective On Copyright Protection For Choreographic Works, Kathleen Abitabile, Jeanette Picerno
Campbell Law Review
This article will present specific legal cases involving the need for choreographers to copyright their works and will address whether the need for copyright protection for a dance is overly disputed or immensely neglected.
Internet Law - Surfing Without A Board? A Look At Copyright Infringement On The Internet And Article I Of The Digital Millennium Copyright Act, Dexter M. Campbell Iii
Internet Law - Surfing Without A Board? A Look At Copyright Infringement On The Internet And Article I Of The Digital Millennium Copyright Act, Dexter M. Campbell Iii
Campbell Law Review
This comment first includes a brief history of the Internet, its growth, and how the population is using the Internet in daily life. Second, this comment will give some basic definitions of copyright infringement and key Internet terms. Third, the comment will address cases in the area of copyright infringement on the Internet to demonstrate both the uncertainty and unpredictability of the law on the Internet. Fourth, this comment will focus on Congress' attempt to address some of the uncertainties through the Digital Millennium Copyright Act (DMCA). Finally, the conclusion will address some recent criticism of the DMCA.
A Review Of Copyright And The Internet, Needham J. Boddie Ii, Thomas C. Mcthenia Jr., Fred B. Amos Ii, Douglas W. Kim
A Review Of Copyright And The Internet, Needham J. Boddie Ii, Thomas C. Mcthenia Jr., Fred B. Amos Ii, Douglas W. Kim
Campbell Law Review
No abstract provided.
The Role Of Actual Confusion Evidence In Federal Trademark Infringement Litigation, Michael J. Allen
The Role Of Actual Confusion Evidence In Federal Trademark Infringement Litigation, Michael J. Allen
Campbell Law Review
This article seeks to provide an overall discussion of the role of actual confusion evidence in federal trademark infringement actions and to reconcile the differences among the courts as to the value given to various types of actual confusion evidence. Section I discusses the effect of the existence or absence of actual confusion evidence in infringement actions, and the relative importance which the courts place on such evidence. Section II discusses the various types of evidence which trademark infringement plaintiffs have proffered in attempting to prove the existence of actual confusion, and the weight which the courts have given to …
Copyright Law: Integrating Successive Filtering Into The Bifurcated Substantial Similarity Inquiry In Software Copyright Infringement Cases: A Standard For Determining The Scope Of Copyright Protection For Non-Literal Elements Of Computer Programs , Maury M. Tepper Iii
Campbell Law Review
The non-literal elements of a computer program, such as its user interface, are crucial in determining that program's success on the commercial market. Such non-literal elements represent a substantial portion of the development costs of a program, but they are quite inexpensive to copy. Courts are currently unable to agree on the extent to which copyright law offers protection to the non-literal elements of computer programs, leaving the industry uncertain and hesitant to develop new user interfaces. This article develops a principled approach for determining the proper scope of copyright protection for the nonliteral elements of computer programs.
A New Test For Trademark Dilution - Why North Carolina Should Adopt Section 12 Of The Model State Trademark Bill, Philip Summa
A New Test For Trademark Dilution - Why North Carolina Should Adopt Section 12 Of The Model State Trademark Bill, Philip Summa
Campbell Law Review
This comment will attempt to do three things: provide a useful definition of dilution; propose a clear test that can be applied to quickly determine whether, under Section 12 or the common law, a dilution case exists, and, if so, how it should be decided; and show why a state such as North Carolina should provide anti-dilution protection to its citizens.