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The Flawed Nature Of The False Marking Statute, Elizabeth I. Winston
The Flawed Nature Of The False Marking Statute, Elizabeth I. Winston
Scholarly Articles
In 2005, the United States Court of Appeals for the Federal Circuit rendered a decision on an “issue of first impression” interpreting a one hundred sixty-three year old provision of the United States Code - the “false marking” statute embodied in 35 U.S.C. § 292. It is false marking to mark as patented an unpatented article if done with the intent to deceive the public and, as such, is a fineable offense. The false marking statute remains one of only a handful of qui tam actions left intact from a rich history of varied incentives provided by the government for …
Catholic Social Teaching, The Rule Of Law, And Copyright Protection, Susanna Frederick Fischer
Catholic Social Teaching, The Rule Of Law, And Copyright Protection, Susanna Frederick Fischer
Scholarly Articles
The rule of law is currently under grave threat in cyberspace. Even as copyright laws have been strengthened in many ways in response to new digital technologies, these laws are widely disrespected and cannot be effectively enforced against all those who willfully flout them. The legislative response has been to strengthen copyright laws more and more, including expanding copyrightable subject matter, giving copyright owners new rights, and lengthening the copyright term. One example is the Copyright Term Extension Act of 1998. This amendment to federal copyright law retroactively extended the duration of copyright protection by twenty years. The judicial response …
Introduction: Intellectual Property In The Age Of The Internet, Susanna Frederick Fischer
Introduction: Intellectual Property In The Age Of The Internet, Susanna Frederick Fischer
Scholarly Articles
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