Law Commons^™

Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais

Daniel J Gervais

The New Servitudes, Molly Shaffer Van Houweling

Molly Van Houweling

In the age of electronic commerce, consumers routinely acquire intangible products without engaging in any direct human interaction. These products-computer programs, digital music, et cetera—often arrive bearing terms that purport to limit the sticks in the consumers' bundles of rights in ways that depart from the background limitations imposed by intellectual property law. For example, a consumer who has downloaded a computer program from the Internet might be presented with a screen of text imposing myriad restrictions on how the program may be used; installation commences only when the consumer clicks “I agree.” Courts in the United States have increasingly …

Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc, Molly Shaffer Van Houweling

Molly Van Houweling

No abstract provided.

Sovereignty Under Siege: Corporate Challenges To Domestic Intellectual Property Decisions, Cynthia M. Ho

Cynthia M Ho

Countries face a new threat that strikes at their ability to balance protection of intellectual property rights against other priorities, such as public health. They may have to pay substantial compensation to companies that dislike domestic intellectual property laws. This threat is much more significant than the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), a landmark international agreement concluded twenty years ago, that for the first time required all countries to provide "minimum" levels of intellectual property rights; before that time, countries were not obligated to provide any such rights at all. Since the conclusion of TRIPS, policymakers …

The Hydrox Resurrection, Mark Mckenna

Mark P. McKenna

KESTENBAUM: I wasn't going to let that stop me. So I called up a trademark expert, Mark McKenna at Notre Dame, and I asked him, is this right? Can someone just waltz in and grab a hundred­year­old trademark, suddenly own this whole history? It seemed a little weird 'cause a trademark is like a kind of property. And if you think of this like land...

SMITH: Like, hey, I notice you haven't mowed your lawn for a while, so I'm just going to take a little part of your property.

KESTENBAUM: Yeah, it seems crazy, right? McKenna said, I'm thinking …

Copyright As Contract, Jeffrey L. Harrison

Jeffrey L Harrison

Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …

Trade Secrets, Trade, And Extraterritoriality, Elizabeth A. Rowe, Daniel M. Mahfood

Elizabeth A Rowe

When a foreign individual or company misappropriates the trade secrets of an American company, and the acts of misappropriation occur entirely outside of the United States, the trade secret law of the United States generally will not apply. This represents the principle of extraterritoriality, and identifies a major vulnerability for companies that choose to conduct operations or engage in other business abroad. In such situations, the substantive and procedural laws of another country are likely to define whether the allegedly misappropriated information is protected and has been misappropriated. Providing a domestic forum to prosecute extraterritorial infringement would substantially benefit domestic …

Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall

Kimberlee G Weatherall

This note comments on the TPP copyright provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary

Section By Section Commentary On The Tpp Final Ip Chapter Published 6 November 2015 – Part 1 – General Provisions, Trade Mark, Gis, Designs, Kimberlee G. Weatherall

Kimberlee G Weatherall

This note comments on the TPP general provisions and rules on trade mark, GIs, and designs. It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary.

Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 3 - Enforcement, Kimberlee G. Weatherall

Kimberlee G Weatherall

This note comments on the TPP IP enforcement provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary. Note: version 0.1 adds fn 1 reference to Bridy on ISP safe harbors.

27-10-15 Wigan Ieee Smart Cities Guadalajara Education Workshop Presentatation, Marcus R. Wigan

Marcus R Wigan

Socio-Economic Aspects Of Geographical Indications, Irene Calboli, Daniel J. Gervais

Irene Calboli

La Insoportable Levedad Del Legislador Argentino En Materia De Derecho De Autor Digresiones Jurídico-Económicos En Torno Al Proyecto Legislativo Que Propone Extender La Duración De Las Obras Fotográficas, Maximiliano Marzetti

Maximiliano Marzetti

Este aporte tiene una doble finalidad, catártica y educativa. Por un lado quiero desahogarme al ver como la historia se repite: la vetusta ley de propiedad intelectual N° 11.723 sólo se retoca para extender privilegios económicos de un sector y no en beneficio del bien común. Por otro, continúo mi prédica para intentar convencer a colegas y legisladores para que se adentren en el fabuloso mundo de la multidisciplina. Necesitamos legisladores que sepan de derecho, economía y ciencias sociales, o al menos que sepan escuchar a quienes saben.

Copyright In Canada: The New Millennium, David Vaver

David Vaver

No abstract provided.

Copyright In Foreign Works: Canada's International Obligations, David Vaver

David Vaver

It is anticipated that proposals for a complete overhaul of the copyright laws will be presented to the Canadian Parliament in the very near future. The new legislation will likely extend protection to works and grant rights beyond those existing under the current Copyright Act of 1924. This study examines the extent to which any new legislation must grant national treatment to foreign works, particularly technologies that have developed and rights that have been proposed since the 1924 Act. The focus is on Canada's obligations under the Berne Convention for the Protection of Literary and Artistic Works and under the …

Snooping, Privacy And Precedent In Ontario, David Vaver

David Vaver

No abstract provided.

Intellectual Property Today: Of Myths And Paradoxes, David Vaver

David Vaver

It is often claimed or assumed that intellectual property laws are necessary to encourage individual creativity and inventiveness and that society would be worse off without such laws. This article suggests that, in the field of copyrights and patents at least, such claims rest on myth and paradox rather than proof, and should be viewed sceptically. With its minimal standards for eligibility, copyright today seems less concerned with authors, art and literature than with protecting the distributors of standardized industrial products, and sometimes is even used to prevent the dissemination of knowledge by becoming a tool of censorship. Patent law …

Reforming Intellectual Property Law: An Obvious And Not-So-Obvious Agenda, David Vaver

David Vaver

No abstract provided.

The Copyright Amendments Of 1997, David Vaver

David Vaver

No abstract provided.

The Comprador Complex: Africa’S Iprs Elites, Neo-Colonialism And The Enduring Control Of African Ipr Agenda By External Interests, Ikechi Mgbeoji

Ikechi Mgbeoji

No abstract provided.

Book Review: Canadian Patent Law, Ikechi Mgbeoji

Ikechi Mgbeoji

No abstract provided.

The "Terminator" Patent And Its Discontents: Rethinking The Normative Deficit In Utility Test Of Modern Patent Law, Ikechi Mgbeoji

Ikechi Mgbeoji

Arguably, no other biotechnological invention has been excoriated with so much confused rhetoric on “utility” as the invention relating to Genetic Use Restriction Technologies (“GURTs”) patented in the United States, Canada, Australia, Belgium, Bulgaria, Denmark and many other countries. Otherwise known by their rather inflammatory nickname of both “terminator patents,” GURTs have become the lightning rod for both technophiles and Luddites. At the heart of the controversy is a misunderstanding of the changed meaning of the concept of utility in patent law. This paper argues that while the public understanding of utility as social usefulness is well grounded in history …

2033, Patent Rights, Property, Exclusivity And How A Newborn Reaching The Age Of Maturity Will Experience The Patent System, If There Is Still One, Severin De Wit

Severin de Wit

This article was published in a "Liber Amicorum" contributed to Charles Gielen at the law firm of Nauta Dutilh upon his departure as Professor of Intellectual Property of the University of Groningen (Netherlands). The essay reflects on how a 2015 newborn will look at intellectual property in 2033 - the year he reaches maturity at his 18th birthday. The book was presented to Charles at a special event at the offices of the law firm Nauta Dutilh on September 30, 2015. The Liber Amicorum under the titel "gIElen, een bekend begrip" is published by Wolters Kluwer.

On The Importance Of Intellectual Property Rights For E-Science And The Integrated Health Record, Giuseppina D'Agostino, Chris Hinds, Marina Jirotka, Charles Meyer

Giuseppina D'Agostino

An integrated health record (IHR) that enables clinical data to be shared at a national level has profound implications for medical research. Data that have been useful primarily within a single clinic will instead be free to move rapidly around a national network infrastructure. This raises challenges for technologists, clinical practice, and for the governance of these data. This article considers one specific issue that is currently poorly understood: how intellectual property (IP) relates to the sharing of medical data for research on large-scale electronic networks. Based on an understanding of current practices, this article presents recommendations for the governance …

The Case Against Federalizing Trade Secrecy, Christopher B. Seaman

Christopher B. Seaman

Trade secrecy is unique among the major intellectual property (IP) doctrines because it is governed primarily by state law. Recently, however, a number of influential actors — including legislators, academics, and organizations representing IP attorneys and owners — have proposed creating a private civil cause of action for trade secret misappropriation under federal law. Proponents assert that federalizing trade secrecy would provide numerous benefits, including substantive uniformity, the availability of a federal forum for misappropriation litigation, and the creation of a unified national regime governing IP rights. This Article engages in the first systematic critique of the claim that federalizing …

Comment On “Groove Is In The Hart”: A Workable Solution For Applying The Right Of Publicity To Video Games, Christopher B. Seaman

Christopher B. Seaman

No abstract provided.

Climate Change And Human Rights: Intellectual Property Challenges And Opportunities, Alexandra Phelan

Matthew Rimmer

Mitigating and adapting to the effects of climate change will require innovation and the development of new technologies. Intellectual property laws have a key part to play in the global transfer of climate technologies. However, failures to properly utilize flexibilities in intellectual property regimes or comply with technology transfer obligations under international climate change agreements calls for a human rights based analysis of climate technology transfer. Climate change is an unprecedented challenge and requires unprecedented strategies. Given the substantial impact of climate change on all of humanity and the ethical imperative to act, a complete rethink of traditional intellectual property …

Owning The New Economy: A Guide To Intellectual Property Management For Australia's Clean Technology Sector, Kane Wishart

Matthew Rimmer

Australia's history of developing and managing the intellectual property rights of domestic innovations is – at best – mixed. The relevant immaturity of Australia's public sector commercialisation infrastructure has, over recent decades, been the subject of both stinging academic commentary and not insubstantial juridical disbelief. That said, improvements have been observed, and increasingly, private sector involvement in public sector innovation has allowed for a deepening refinement of domestic approaches to IP retention and ongoing management. Rather than a bare critique of Australia's IP management track-record, or a call for specific law reform, this manual engages at a more practical level …

El Derecho Al Secreto Y La Teoría Del Cono, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

El presente estudio contiene una teoría general del derecho de los secretos, que sirve para determinar el peso específico de cada secreto, a efectos de realizar una correcta ponderación de derechos. La teoría explica las relaciones que existen entre los diversos tipos de secreto, utilizando y desarrollando la teoría del cono de García Morente, que se muestra como una herramienta apropiada para dilucidar cuándo hay derecho al secreto, cuando no lo hay y en qué medida. La metodología utilizada es inductiva. El análisis se estructura de la siguiente manera: (i) se recapitula la teoría general del derecho de los secretos; …

"Globalization And Legal Culture. The Influence Of Law & Economics’ Blogs In Developing Countries,", Críspulo Marmolejo

Críspulo Marmolejo

This paper considers the relationship between blogs and Law and Economics from two perspectives: some aspects of the law and economics approach to blogging, and the influence of blogs in the diffusion of Law and Economics. The article explores how blogs are a modern way of low cost domestic journalism, in a context in which the increasingsize of the blogosphere is a current challenge in terms of free speech and quality of the information. At the same time, blogs such as “The Volokh Conspiracy” are playing an interesting role in the American legal academia as areal instrument to analyze the …