Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (57)
- Antitrust and Trade Regulation (5)
- Law and Economics (5)
- Science and Technology Law (4)
- Social and Behavioral Sciences (4)
-
- International Trade Law (3)
- Internet Law (3)
- Jurisprudence (3)
- Business Organizations Law (2)
- Comparative and Foreign Law (2)
- Economics (2)
- Environmental Law (2)
- Government Contracts (2)
- International Law (2)
- Law and Society (2)
- Property Law and Real Estate (2)
- Public Affairs, Public Policy and Public Administration (2)
- Administrative Law (1)
- Agronomy and Crop Sciences (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Business (1)
- Communications Law (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Economic Policy (1)
- Economic Theory (1)
- Education (1)
- Institution
-
- Northwestern Pritzker School of Law (20)
- SelectedWorks (11)
- Duke Law (8)
- Chicago-Kent College of Law (7)
- Selected Works (7)
-
- American University Washington College of Law (5)
- Fordham Law School (4)
- BLR (3)
- Georgia State University College of Law (3)
- Maurer School of Law: Indiana University (3)
- Seattle University School of Law (3)
- University of Colorado Law School (3)
- University of Pennsylvania Carey Law School (3)
- Georgetown University Law Center (2)
- University of Maryland Francis King Carey School of Law (2)
- University of New Hampshire (2)
- University of Tennessee College of Law (2)
- Vanderbilt University Law School (2)
- Widener Law (2)
- Boston University School of Law (1)
- Cornell University Law School (1)
- George Washington University Law School (1)
- Notre Dame Law School (1)
- St. Mary's University (1)
- Syracuse University (1)
- University of Baltimore (1)
- University of Richmond (1)
- University of San Diego (1)
- University of South Carolina (1)
- University of Washington School of Law (1)
- Publication
-
- Northwestern Journal of Technology and Intellectual Property (20)
- Chicago-Kent Law Review (7)
- Law and Contemporary Problems (7)
- Faculty Scholarship (5)
- All Faculty Scholarship (3)
-
- Articles by Maurer Faculty (3)
- Articles in Law Reviews & Other Academic Journals (3)
- ExpressO (3)
- Georgia State University Law Review (3)
- Seattle University Law Review (3)
- American University Journal of Gender, Social Policy & the Law (2)
- Georgetown Law Faculty Publications and Other Works (2)
- J. Gregory Sidak (2)
- Law Faculty Scholarship (2)
- Lorelei Ritchie de Larena (2)
- Publications (2)
- Sonia Baldia (2)
- Aaron Schwabach (1)
- Alan E Garfield (1)
- Ann Bartow (1)
- Ariel Katz (1)
- Articles (1)
- Ben R Kociubinski (1)
- College of Law - Faculty Scholarship (1)
- College of Law Faculty Scholarship (1)
- Congressional Testimony (1)
- Cornell Journal of Law and Public Policy (1)
- Faculty Publications (1)
- Fordham Journal of Corporate & Financial Law (1)
- Fordham Law Review (1)
- Publication Type
Articles 1 - 30 of 104
Full-Text Articles in Law
Making Sense Of Nonsense: Intellectual Property, Antirtust, And Market Power, Ariel Katz
Making Sense Of Nonsense: Intellectual Property, Antirtust, And Market Power, Ariel Katz
Ariel Katz
While the economic rationale for intellectual property (“IP”) rights rests on the concepts of “monopoly” or market power,” the Supreme Court, in Illinois Tool Works v. Independent Ink, has recently joined a “virtual consensus” among antitrust commentators believing that no presumption of market power should exist in antitrust cases involving IP. This Article critically analyzes this consensus, and clarifies the relationship between IP and market power, shows why IP rights often do confer market power in the antitrust sense, but also explains why acknowledging this should not necessarily lead to oversized application of antitrust law to IP.
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectual property (IP). Nevertheless, customs have a profound impact on both de facto and de jure IP law. The unarticulated incorporation of custom threatens to swallow up IP law, and replace it with industry-led IP regimes that give the public and other creators more limited rights to access and use intellectual property than were envisioned by the Constitution and Congress. This article presents a powerful critique …
Making Money Making Music, Alan E. Garfield
Assessing The Moral Legitimacy Of Statutory Damages In Copyright , Ben R. Kociubinski
Assessing The Moral Legitimacy Of Statutory Damages In Copyright , Ben R. Kociubinski
Ben R Kociubinski
No abstract provided.
Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach
Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach
Aaron Schwabach
The article is intended as a counterpoint to the all-too-frequent portrayal of China as the world’s leading violator of intellectual property rights. In fact, by many measures China, taken as a whole, is not the leading violator. Some measures show China as the leading violator only because they are aggregates, and do not take into account China’s size. When figures are adjusted for population, China’s rates of intellectual property violation are lower than those of many other countries, including the United States. The article first looks at examples of the current round of political and media China-bashing. It then examines …
The Cultural Property Claim Within The Same Sex Marriage Controversy, Marc R. Poirier
The Cultural Property Claim Within The Same Sex Marriage Controversy, Marc R. Poirier
Marc R. Poirier
The Cultural Property Claim within the Same Sex Marriage Controversy.
Marc R. Poirier, Seton Hall University School of Law
This article argues that traditionalist opposition to same sex marriage can be understood as a cultural property claim -- the sort of claim that is often made by Native American tribes and other subordinated cultural groups of a right to control the uses of sacred or culturally central rituals, places and objects. Ultimately, it disagrees with the traditionalist position, and argues that traditionalists should not be allowed to maintain a property-like right to exclude same sex couples from marriage. Nevertheless, the …
License To Sue?, Lorelei Ritchie De Larena
License To Sue?, Lorelei Ritchie De Larena
Lorelei Ritchie de Larena
Courts, commentators and practitioners have for too long viewed intellectual property law as a discrete discipline, without putting it into the proper theoretical context of general jurisprudence. Intellectual property law cannot and must not exist on its own, outside the normative framework of overlapping legal institutions. Even within the rubric of intellectual property, courts have overlooked the potential for cross-applying relevant doctrines between patent, copyright, and trademark law. Certainly, when intellectual property disputes touch on other disciplines, such as civil procedure, contract, or tort law, courts have tended to overlook their synergies, focusing instead on only one of several important …
"Copynorms, Black Cultural Production And The Debate Over African-American Reparations, Kevin Greene
"Copynorms, Black Cultural Production And The Debate Over African-American Reparations, Kevin Greene
Kevin Greene
The cultural production of black artists has been central to American society, yet virtually ignored in intellectual property scholarship. This article exlpores how the historical appropriation of works of black authorship ties into the raging debate over black reparations, and contends that providing atonement and apology for cultural appropriation can provide not only redress for the great injustice of cultural appropriation, but can also help inculcate "copynorms" favoring the protection of intellectual property at time when copyright law faces enormous challegnes to its legitimacy.
Who Is Your Starting Pitcher? - Roger Clemens Or #22 On The Yankees?: Why Major League Basaeball Players Should Have Rights In Their Names. , Jason B. Baum
Who Is Your Starting Pitcher? - Roger Clemens Or #22 On The Yankees?: Why Major League Basaeball Players Should Have Rights In Their Names. , Jason B. Baum
Jason B. Baum
The author examines how complex intellectual property issues affect fantasy baseball. Using CBC Distribution v. Major League Baseball, the author explores why the right of publicity should protect Major League Baseball players from the unauthorized use of Major League Baseball players' statistics in conjunction with their names.
Internet Packet Sniffing And Its Impact On The Balance Of Power , Robert M. Frieden
Internet Packet Sniffing And Its Impact On The Balance Of Power , Robert M. Frieden
Rob Frieden
Internet Packet Sniffing and Its Impact on the Balance of Power Between Intellectual Property Creators and Consumers Rob Frieden Professor, Penn State University 102 Carnegie Building University Park, Pennsylvania 16802 (814) 863-7996; rmf5@psu.edu web site: http://www.personal.psu.edu/faculty/r/m/rmf5/ Previously Internet Service Providers (“ISPs”) had little incentive or technological capability to deviate from plain vanilla best efforts routing for content without examining the nature and type of traffic. Serving as a neutral conduit also provided the means to qualify for a safe harbor exemption from liability for carrying copyright infringing traffic provided by Section 512 of the Digital Millennium Copyright Act. Operators of …
Differing Shades Of Meaning, Robin C. Feldman
Differing Shades Of Meaning, Robin C. Feldman
Robin C Feldman
The relationship between patent law and antitrust law has challenged legal minds since the emergence of antitrust law in the late 19th century. In reductionist form, the two concepts pose a natural contradiction: One encourages monopoly while the other restricts it. To avoid uncomfortable dissonance, the trend across time has been to try to harmonize patent and antitrust law. In particular, harmonization efforts in recent decades have led Congress and the courts to engage in a series of attempts, some aborted and some half-formed, to graft antitrust doctrines onto patent law. These efforts have failed to resolve the conflicts.
This …
Holdup, Royalty Stacking, And The Presumption Of Injunctive Relief For Patent Infringement: A Reply To Lemley And Shapiro, J. Gregory Sidak
Holdup, Royalty Stacking, And The Presumption Of Injunctive Relief For Patent Infringement: A Reply To Lemley And Shapiro, J. Gregory Sidak
J. Gregory Sidak
Professors Mark Lemley and Carl Shapiro have presented a theoretical argument for weakening the presumption of injunctive relief in patent infringement cases. In this article, I evaluate the Lemley-Shapiro theoretical model of “patent holdup.” I dispute its main finding that the threat of an injunction inflates royalty payments in many cases relative to a hypothetical benchmark royalty rate. I also dispute the Lemley-Shapiro policy prescriptions for patent law reform, which would remove the presumption of injunctive relief in cases where the patented product is a component of a larger product or the patentee is a non-practicing entity. I conclude that …
Holdup, Royalty Stacking, And The Presumption Of Injunctive Relief For Patent Infringement: A Reply To Lemley And Shapiro, J. Gregory Sidak
Holdup, Royalty Stacking, And The Presumption Of Injunctive Relief For Patent Infringement: A Reply To Lemley And Shapiro, J. Gregory Sidak
J. Gregory Sidak
Professors Mark Lemley and Carl Shapiro have presented a theoretical argument for weakening the presumption of injunctive relief in patent infringement cases. In this article, I evaluate the Lemley-Shapiro theoretical model of “patent holdup.” I dispute its main finding that the threat of an injunction inflates royalty payments in many cases relative to a hypothetical benchmark royalty rate. I also dispute the Lemley-Shapiro policy prescriptions for patent law reform, which would remove the presumption of injunctive relief in cases where the patented product is a component of a larger product or the patentee is a non-practicing entity. I conclude that …
Teaching Intellectual Property As A Skills Course , Malla Pollack
Teaching Intellectual Property As A Skills Course , Malla Pollack
Malla Pollack
Students can gain experience in practical skills in substantive courses if professors spend the time to create appropriate projects. This article demonstrates by providing reproducible projects involving non-competition agreements, trademarks/trade dress, copyright, and patent. The article also explains the how projects can be expanded and how they can be transposed between counseling and litigation settings.
This paper is part of a symposium entitled “Reflections on Legal Education: How We Teach, How They Learn".
"Open Source" And Private Ordering: A Commentary On Dusollier, Arti K. Rai
"Open Source" And Private Ordering: A Commentary On Dusollier, Arti K. Rai
Chicago-Kent Law Review
No abstract provided.
Policy-Making Dynamics In Intergovernmental Organizations: A Comment On The Remarks Of Geoffrey Yu, Coenraad Visser
Policy-Making Dynamics In Intergovernmental Organizations: A Comment On The Remarks Of Geoffrey Yu, Coenraad Visser
Chicago-Kent Law Review
No abstract provided.
The Demise And Rebirth Of Plant Variety Protection: A Comment On Technological Change And The Design Of Plant Variety Protection Regimes, Laurence R. Helfer
The Demise And Rebirth Of Plant Variety Protection: A Comment On Technological Change And The Design Of Plant Variety Protection Regimes, Laurence R. Helfer
Chicago-Kent Law Review
No abstract provided.
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Chicago-Kent Law Review
In this paper, we examine the potential for plant variety protection ("PVP") regimes—that is, sui generis, industry-specific intellectual property regimes—to become compromised as a result of technological change. In particular, we analyze the shift in plant breeding from phenotypic selection to genotypic selection, and consider the impact of that shift on existing plant variety protection. We also lay out an alternative structure for plant intellectual property protection based on unfair competition, a model that differs radically in some respects from current PVP schemes. We offer our model as a starting point for debate on adaptations that might improve PVP …
Intellectual Property, Free Trade Agreements And Economic Development, Anselm Kamperman Sanders
Intellectual Property, Free Trade Agreements And Economic Development, Anselm Kamperman Sanders
Georgia State University Law Review
No abstract provided.
The Role Of International Ngos In The Intellectual Property Policy-Making And Norm-Setting Activities Of Multilateral Institutions, Duncan Matthews
The Role Of International Ngos In The Intellectual Property Policy-Making And Norm-Setting Activities Of Multilateral Institutions, Duncan Matthews
Chicago-Kent Law Review
International NGOs play a significant role in relation to intellectual property policy-making and norm-setting in the following multilateral institutions: the World Trade Organization ("WTO"); the World Intellectual Property Organization ("WIPO"); the World Health Organization ("WHO"); the Convention on Biological Diversity Conference of the Party ("CBD-COP"); and the Food and Agriculture Organization ("FAO') of the United Nations. International NGOs enhance the capacity of developing country delegates to multilateral institutions to negotiate on intellectual property issues. Although there are limits to the relationship between developing country delegates and international NGOs, relative to the resources available, international NGOs have had a considerable impact, …
Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier
Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier
Chicago-Kent Law Review
Private ordering mechanisms, such as contracts or technological measures, have increasingly been used to shift the balance between exclusive property and free access to intellectual creation embedded in all IP regimes. Most surprising is the use of private ordering mechanisms, mainly licensing schemes. This article aims at assessing the nature of norm-making operated by open-access initiatives, as well as its normative sustainability as a project to enlarge the public domain within intellectual property. My conclusion is that public ordering still has a crucial role to play to moderate the expansion of intellectual property and to ensure that intellectual creations remain …
The Structure And Process Of Negotiations At The World Intellectual Property Organization, Geoffrey Yu
The Structure And Process Of Negotiations At The World Intellectual Property Organization, Geoffrey Yu
Chicago-Kent Law Review
On October 13, 2006, the Deputy Director General of the World Intellectual Property Organization, Geoffrey Yu, spoke at the Chicago-Kent Symposium Intellectual Property, Trade and Development: Reconciling and Accommodating Different National Levels of Protection. Included here is a transcript of his remarks, which outlined the organizational structure of the Organization and the management and process of international discussions within the Organization.
Patents On A Shoestring: Making Patent Protection Work For Developing Countries, Sean A. Pager
Patents On A Shoestring: Making Patent Protection Work For Developing Countries, Sean A. Pager
Georgia State University Law Review
No abstract provided.
The Normative Foundations Of Trademark Law, Mark Mckenna
The Normative Foundations Of Trademark Law, Mark Mckenna
Journal Articles
This paper challenges the conventional wisdom that trademark law traditionally sought to protect consumers and enhance marketplace efficiency. Contrary to widespread contemporary understanding, early trademark cases were decidedly producer-centered. Trademark infringement claims, like all unfair competition claims, were intended to protect producers from illegitimate attempts to divert their trade. Consumer deception was relevant in these cases only to the extent it was the means by which a competitor diverted a producer's trade. Moreover, American courts from the very beginning protected a party against improperly diverted trade in part by recognizing a narrow form ofproperty rights in trademarks. Those rights were …
The Life Of An Author: Samuel Egerton Brydges And The Copyright Act 1814, Ronan Deazley
The Life Of An Author: Samuel Egerton Brydges And The Copyright Act 1814, Ronan Deazley
Georgia State University Law Review
No abstract provided.
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
On April 2, 2007, Apple Inc. and EMI Music held a joint press conference in London that may be the harbinger of significant changes in the digital music arena. This press conference, whose attendees included EMI Group CEO Eric Nicoli and Apple CEO Steve Jobs, unfolded in an environment of significant technological and commercial changes in the music industry. The shift to the digital era has been a turbulent one for many players in the music industry, particularly as a result of the widespread distribution of unauthorized digital music files and the concurrent significant decline in record industry sales. The …
Here There Be Pirates: How China Is Meeting Its Ip Enforcement Obligations Under Trips, Kate Colpitts Hunter
Here There Be Pirates: How China Is Meeting Its Ip Enforcement Obligations Under Trips, Kate Colpitts Hunter
San Diego International Law Journal
This paper will examine whether China is meeting its obligations to protect IP rights under the TRIPS agreement, an international intellectual property trade agreement China acceded to upon joining the World Trade Organization (WTO). Moreover, it will address whether China's increased IP protection in law equals increased protection in fact. Part II will describe China's legal structure, its TRIPS obligations upon joining the WTO, and China's IP laws. Part III will discuss China's enforcement of these IP laws from the perspective of developed nations and from China's own perspective. Part IV includes suggestions on how China can improve its enforcement …
Only A Name? Trademark Royalties, Nexus And Taxing That Which Enriches, 22 Akron Tax J. 1 , Sheldon H. Laskin
Only A Name? Trademark Royalties, Nexus And Taxing That Which Enriches, 22 Akron Tax J. 1 , Sheldon H. Laskin
Sheldon H. Laskin
No abstract provided.
Freedom-To-Operate In The Crop Sciences: Procedure, Stanley P. Kowalski
Freedom-To-Operate In The Crop Sciences: Procedure, Stanley P. Kowalski
Law Faculty Scholarship
Freedom to operate (FTO) is the ability to proceed with research, development and commercialization of a crop science product, while fully accounting for any potential risks of infringing activity, that is, whether a product can be made, used, sold, offered for sale, or exported, with a minimal risk of infringing the unlicensed intellectual property rights (IPRs) or tangible property rights (TPRs) of another. An FTO analysis begins with the ‘FTO team’ systematically dissecting the crop science product into the components, combination of components, processes and germplasm that went into its research and development. This is followed by generating a series …
Two Thoughts About Traditional Knowledge, William Fisher
Two Thoughts About Traditional Knowledge, William Fisher
Law and Contemporary Problems
Fisher argues the traditional knowledge of environmentalism and the public domain ideas by presenting two combined related themes involving the British colonist of Native Americans. The idea of devaluing the Indian's nonacquisitive, natural, respectful way of living lightly upon the land while conserving it, and fostering imperialism and unjust conquest. Among other things, he formulates three parallel provisions to the TRIPS Agreement to increase the leverage of the countries in determining the terms on which flora, fauna, medicinal knowledge, folklore, and traditional art forms are exploited by others.