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Full-Text Articles in Law

Management Of Intellectual Property Rights, Srividhya Ragavan Dec 2007

Management Of Intellectual Property Rights, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Making Money Making Music, Alan E. Garfield Nov 2007

Making Money Making Music, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Imbalances Within The Wto, Srividhya Ragavan Oct 2007

The Imbalances Within The Wto, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Copyright Criminals: This Is A Sampling Sport, Kembrew Mcleod Oct 2007

Copyright Criminals: This Is A Sampling Sport, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Submission: Draft Guidelines On The Infringement Notices And Forfeiture Of Infringing Copies And Devices Scheme, Copyright Amendment Regulations 2006, Kimberlee G. Weatherall Sep 2007

Submission: Draft Guidelines On The Infringement Notices And Forfeiture Of Infringing Copies And Devices Scheme, Copyright Amendment Regulations 2006, Kimberlee G. Weatherall

Kimberlee G Weatherall

Submission on the Draft Guidelines for the infringement Notices and Forfeiture of Infringing Copies and Devices Scheme produced by the Australian Attorney-General's Department. The submission deals with the scope of the scheme, the need for more case studies, issues of forfeiture, multiple offences, record-keeping, the appropriate individuals against whom notices should be issued, defences, factors relevant to the exercise of officers' discretion or the withdrawal of notices, and the standard of information provided to the public.


Sampling, Sound Collage, And Other Folk Music Making Practices In The Age Of Intellectual Property, Kembrew Mcleod Sep 2007

Sampling, Sound Collage, And Other Folk Music Making Practices In The Age Of Intellectual Property, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Free Speech, Fair Use, And Copyright Exceptions, Kembrew Mcleod Sep 2007

Free Speech, Fair Use, And Copyright Exceptions, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


The Political Economy Of Aids Treatment: Intellectual Property And The Transformation Of Generic Supply, Kenneth C. Shadlen Aug 2007

The Political Economy Of Aids Treatment: Intellectual Property And The Transformation Of Generic Supply, Kenneth C. Shadlen

Ken Shadlen

This article examines the relationship between intellectual property (IP) and public health, with a focus on the extension of AIDS treatment in the developing world. While most of the literature on IP and health examines the conditions affecting poor countries’ capacities to acquire essential medicines, I show the distinct – and more complicated – political economy of production and supply. IP regulations alter the structure of generic pharmaceutical sectors in the countries capable of supplying essential medicines, and changes in market structure affect actors’ economic and political interests and capacities. These new constellations of interests and capacities have profound implications …


When Scholarly Analysis Because A Billable Event: Copyright, Cultural Criticism, And The Contemporary Clearance Culture, Kembrew Mcleod Jun 2007

When Scholarly Analysis Because A Billable Event: Copyright, Cultural Criticism, And The Contemporary Clearance Culture, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Electronic Government And Digital Inclusion: Examples From India, Subhajit Basu Jun 2007

Electronic Government And Digital Inclusion: Examples From India, Subhajit Basu

Subhajit Basu

This presentation has two parts: In the first part I look into Development, effect of technology on development, obviously technology provides opportunity to have choices but Can Technology (here ICT) influence development? Digital inclusion is a concept about the disparities in terms of citizens’ participation in the Information Society. This participation may be conceptualised in the first instance as ICT access, levels of use and use patterns. On one hand we have technology which promises of New Dawn for the developing countries, on the other hand only access to technology will not provide development for poor millions of a developing …


Relevance Of Law To Science, Srividhya Ragavan May 2007

Relevance Of Law To Science, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Wto & Dispute Settlement, Srividhya Ragavan Apr 2007

Wto & Dispute Settlement, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


The New Market Affair: Scouting The Hills Of The Shenandoah Valley For The Next Big Thing, Kembrew Mcleod Mar 2007

The New Market Affair: Scouting The Hills Of The Shenandoah Valley For The Next Big Thing, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Consumer Protection: Inside Copyright Law Or Outside?, Joseph Liu Mar 2007

Consumer Protection: Inside Copyright Law Or Outside?, Joseph Liu

Joseph P. Liu

Invited to participate on a panel discussing the impact of consumer protection on copyright law.


Lessons From History For Ip, Andrew Morriss, Craig Nard Feb 2007

Lessons From History For Ip, Andrew Morriss, Craig Nard

Andrew P. Morriss

No abstract provided.


Interest Groups And Institutions In Patent Law From 1790-1870, Andrew Morriss, Craig Nard Feb 2007

Interest Groups And Institutions In Patent Law From 1790-1870, Andrew Morriss, Craig Nard

Andrew P. Morriss

No abstract provided.


Response To The Library Of Congress Request For Comment On Specific Issues In Section 108., Denise Troll Covey Feb 2007

Response To The Library Of Congress Request For Comment On Specific Issues In Section 108., Denise Troll Covey

Denise Troll Covey

No abstract provided.


India As A Bric, Srividhya Ragavan Feb 2007

India As A Bric, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


An Educational Prank, Kembrew Mcleod Jan 2007

An Educational Prank, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Is This Music Scholar A Copyright Criminal?, Kembrew Mcleod Dec 2006

Is This Music Scholar A Copyright Criminal?, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Intellectual Property Law, Peter Menell, Suzanne Scotchmer Dec 2006

Intellectual Property Law, Peter Menell, Suzanne Scotchmer

Peter Menell

No abstract provided.


The Folk And Genetic Commons: Two Peas In A Pod, Kembrew Mcleod Dec 2006

The Folk And Genetic Commons: Two Peas In A Pod, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Freedom Of Expression® Resistance And Repression In The Age Of Intellectual Property, Kembrew Mcleod Dec 2006

Freedom Of Expression® Resistance And Repression In The Age Of Intellectual Property, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Copyright And Breathing Space, Joseph Liu Dec 2006

Copyright And Breathing Space, Joseph Liu

Joseph P. Liu

According to the U.S. Supreme Court, copyright law's fair use and idea/expression doctrines are "built-in free speech safeguards" that establish a "definitional balance" between copyright and the First Amendment. Yet these "built-in free speech safeguards" are among the most uncertain and ill-defined doctrines in all of copyright law. If we accept the Supreme Court's statement that these doctrines play a critical role as First Amendment safety valves, it follows that the chilling effect of uncertainty in these doctrines has a constitutional dimension. Current copyright law doctrine, however, fails to take into account the potential chilling effect of copyright liability. This …


The Failure Of Public Notice In Patent Prosecution, Michael Risch Dec 2006

The Failure Of Public Notice In Patent Prosecution, Michael Risch

Michael Risch

Patents often contain technical information intertwined with legal meaning, and inventions are often difficult to describe in words. Despite complex interpretive rules, patent law has failed in one of its essential missions - giving those who need to read patents the ability to understand the scope of a patent's claims in a consistent and predictable manner. As a result, those who rely on patents - patentees, potential and actual licensees, potential and actual defendants, future patent applicants, courts, and even the Patent and Trademark Office - may find it difficult or impossible to discern the metes and bounds of any …


Enabling Copyright Consumers, Joseph P. Liu Dec 2006

Enabling Copyright Consumers, Joseph P. Liu

Joseph P. Liu

When is it acceptable for a company to help consumers engage in fair use of copyrighted works? One might think that the answer would be: “always.” After all, a fair use is a privileged use, which copyright grants to consumers of copyrighted works. Shouldn’t a company be entitled to help consumers do this in the most efficient way possible? Shouldn’t such a company, in fact, be lauded for making this process more efficient?
In fact, courts quite frequently hold companies liable for helping consumers engage in activities that would be fair or non-infringing uses if undertaken by consumers themselves. In …


Chasing 'Enemy Combatants' And Circumventing International Law: A License For Sanctioned Abuse, Peter J. Honigsberg Dec 2006

Chasing 'Enemy Combatants' And Circumventing International Law: A License For Sanctioned Abuse, Peter J. Honigsberg

Peter J Honigsberg

In 1944, in Korematsu v. United States, the Supreme Court made a major error in judgment. It ruled that the executive may forcibly remove over 110,000 Japanese Americans from their homes and relocate them in American detention camps. In two recent Supreme Court cases, Hamdi v. Rumsfeld and Hamdan v. Rumsfeld, the court made similar errors in judgment by accepting the administration's term "enemy combatant." The Supreme Court's errors were compounded when Congress passed the Military Commissions Act of 2006 in October, 2006, statutorily defining the term enemy combatant for the first time. By acknowledging the term enemy combatant, the …


Application To Participate In The Library Of Congress Section 108 Roundtable., Denise Troll Covey Dec 2006

Application To Participate In The Library Of Congress Section 108 Roundtable., Denise Troll Covey

Denise Troll Covey

No abstract provided.


Why Do We Have Trade Secrets?, Michael Risch Dec 2006

Why Do We Have Trade Secrets?, Michael Risch

Michael Risch

Trade secrets are arguably the most important and most litigated form of intellectual property, yet very little has been written that justifies their existence, perhaps because they differ so much from other forms of intellectual property. This article explores the history of trade secret law in the United States and examines why it is that every state has opted to protect secret information, even though such protection is antithetical to the policies of access associated with patent law and non-protection of 'facts' associated with copyright law. In this article, I examine four potential ways to justify trade secret law. First, …


Authorship In The Age Of The Conducer, Erez Reuveni Dec 2006

Authorship In The Age Of The Conducer, Erez Reuveni

Erez Reuveni

The age of centralized information production is over. Today, countless creative enterprises involve decentralized collaboration by hundreds of end-users. Yet, the Copyright Act's last major revision occurred over thirty years ago, when a centralized, corporate model of production was the primary means of delivering information products on a mass-market scale. This Article contends that several features of the Copyright Act, remnants of this earlier corporate-driven era, are outmoded and fail to offer optimal incentives for the decentralized, non-profit-driven model of creative production utilized by many in the software and information-production fields. Specifically, the Copyright Act assumes creativity stems from the …