Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
Additional Comments On Preliminary Draft 9, Jane C. Ginsburg
Additional Comments On Preliminary Draft 9, Jane C. Ginsburg
Faculty Scholarship
I am adding to the comments submitted by Profs. Balganesh, Menell and myself a list of points in PD9 that I believe require correction or clarification. These comments do not include Chapters 8, 10 or 11.
Comments On Preliminary Draft 9, Shyamkrishna Balganesh, Jane C. Ginsburg, Peter S. Menell
Comments On Preliminary Draft 9, Shyamkrishna Balganesh, Jane C. Ginsburg, Peter S. Menell
Faculty Scholarship
We are writing to offer our views on Preliminary Draft No. 9 (“PD9”) and express our deep and persistent concern about the direction and methodology that the Project continues to take, which we have sought to address and remedy at multiple points over the last several years. The elements of PD9 that we describe below are, in our view, particularly striking illustrations of the problems that we have previously identified. The gravity and salience of PD9’s problems are borne out in the comments of Judge Pierre Leval, who describes elements of the draft as requiring “a substantial editing and rewriting.” …
Erasmian Perspectives On Copyright: Justifying A Right To Research, Tania Cheng-Davies
Erasmian Perspectives On Copyright: Justifying A Right To Research, Tania Cheng-Davies
Joint PIJIP/TLS Research Paper Series
The right to research exists in many jurisdictions as an exception to copyright infringement but unharmonized and inconsistent in its application, with no universal understanding or acceptance of how such a right should be framed. Researchers face unknown and uncertain obstacles in accessing research and scholarly works, which in turn frustrates their own research and development. While copyright law has increasingly strengthened in scope and duration over time, there has been a reactive backlash to this in the form of calls for a more balanced copyright regime, including the recognition of a clear right to research. The keys to understanding …
Limitations And Exceptions In International Copyright And Related Rights Treaties, Sean Flynn
Limitations And Exceptions In International Copyright And Related Rights Treaties, Sean Flynn
Joint PIJIP/TLS Research Paper Series
Copyright limitations and exceptions have been an integral part of international copyright and related rights treaties since the original text of the Berne Convention in 1886, which protected the ability to adopt exceptions for uses for “educational” and “scientific” uses. Since that instrument, there has been great -- if uneven -- development of norms on limitations and exceptions. Currently, the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights is considering limitations and exceptions in the draft text for a treaty on broadcast organizations as well as a proposal from the African Group for a work programme on …
Securing Patent Law, Charles Duan
Securing Patent Law, Charles Duan
Articles in Law Reviews & Other Academic Journals
A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …
Albrecht Durer's Enforcement Actions: A Trademark Origin Story, Peter J. Karol
Albrecht Durer's Enforcement Actions: A Trademark Origin Story, Peter J. Karol
Law Faculty Scholarship
This article offers a trademark-framed reappraisal of a pair of extraordinary enforcement actions brought by the Northern Renaissance artist Albrecht Durer (1471-1528) against copyists of his work. These cases have long been debated by art, cultural, and copyright historians insofar as they appear to reject Durer's demand for protocopyright protection. Commentators have also contested the historicity of one of the two narratives. But surprisingly little attention has been paid by trademark scholars to the companion holdings-in the same texts-that affirm Durer's right to prevent the use of his monogram on unauthorized reproductions. This article seeks to fill that gap by …
Comments On Council Draft 7 [Black Letter And Comments], Jane C. Ginsburg
Comments On Council Draft 7 [Black Letter And Comments], Jane C. Ginsburg
Faculty Scholarship
CD7 adopts several of the suggestions in my comments on PD8; I appreciate those modifications. CD7 does not, however, respond to a number of other criticisms and suggestions regarding PD8. For the benefit of the Council, I reprise the suggestions that I consider to be most significant to ensuring the accuracy of the draft (page and line references have been changed to reflect CD7)