Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Infringement, Unbound, Sarah R. Wasserman Rajec Sep 2019

Infringement, Unbound, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

No abstract provided.


Creative Communities And Intellectual Property Law, Laura A. Heymann Sep 2019

Creative Communities And Intellectual Property Law, Laura A. Heymann

Laura A. Heymann

No abstract provided.


Copyright Law’S Origin Stories, Laura A. Heymann Sep 2019

Copyright Law’S Origin Stories, Laura A. Heymann

Laura A. Heymann

No abstract provided.


Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman Sep 2019

Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman

Laura A. Heymann

No abstract provided.


Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen Sep 2019

Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen

Leslie Street

No abstract provided.


The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu Nov 2018

The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu

Peter K. Yu

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 …


Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu Nov 2018

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu

Peter K. Yu

No abstract provided.


Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan Jan 2017

Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan

Srividhya Ragavan

The objective for this article is to understand the legitimacy and limitations of US involvement in another country’s sovereign actions taken expressly in the public interest, or to protect public health, such as the compulsory licensing of pharmaceuticals.


Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against "Mutant Copyrights"?, Irene Calboli Aug 2015

Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against "Mutant Copyrights"?, Irene Calboli

Irene Calboli

This article offers a brief overview of the history and developments of the doctrine of aesthetic functionality in the United States and examines the recent decisions in Fleischer Studios, Inc v AVELA, Inc . In particular, the article argues that the courts in Fleischer added an important element to the interpretation of the doctrine, namely the fact that the courts seemed willing to resort to aesthetic functionality to counter the consequences resulting from the practice of using trade mark law as an additional form of protection for copyrighted, or once copyrighted, creative works.


Preliminary Thoughts On Copyright Reform, Pamela Samuelson Apr 2015

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 …


A Manifesto Concerning The Legal Protection Of Computer Programs, Pamela Samuelson, Randall Davis, Mitchell D. Kapor, J. H. Reichman Apr 2015

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

Pamela Samuelson

No abstract provided.


China's New Copyright Law Reforms: A Comparative Analysis, Shruti Rana, Garland Rowland Dec 2012

China's New Copyright Law Reforms: A Comparative Analysis, Shruti Rana, Garland Rowland

Shruti Rana

Nations and businesses around the globe have been battling over copyright protection rules, with industrialized nations pressuring developing nations to adopt Western-style copyright regimes. These battles have escalated as copyright piracy grows and developing nations struggle to formulate laws that will protect their own intellectual properties as well as those of industrialized nations. China is at the cutting edge of these debates; in the summer of 2012, China released transformative new proposals to modify its copyright rules. This Article, which we believe is the first in-depth academic piece analyzing China’s new reforms, critiques China’s new proposals and argues that China …