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Articles 1 - 28 of 28
Full-Text Articles in Law
Conceptualizing A "Right To Research" And Its Implications For Copyright Law: An International And European Perspective, Christophe Geiger, Bernd Justin Jutte
Conceptualizing A "Right To Research" And Its Implications For Copyright Law: An International And European Perspective, Christophe Geiger, Bernd Justin Jutte
American University International Law Review
Copyright, at international, European, and national levels, does not provide a legal framework that prioritizes enabling and incentivizing research using protected works and information to the extent necessary and desirable in a digital, data-driven society in order to build a sustainable ecosystem for innovation and creativity. While small progress has been made, for example with the recent introduction of specific exceptions for research purposes and for text and data mining in certain national legislations as well as in the European Union law, a horizontal approach towards a more research-friendly copyright ecosystem has so far failed to evolve. By revisiting international …
Ftas' Contribution Towards A More Flexible Copyright Space: Possibilities And Limits, Maria Vasquez Callo-Muller
Ftas' Contribution Towards A More Flexible Copyright Space: Possibilities And Limits, Maria Vasquez Callo-Muller
American University International Law Review
Free Trade Agreements (FTAs) have often been considered instruments for heightened intellectual property rights protection, thereby in detriment of a more flexible copyright space. However, since the adoption of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, some FTAs have been incorporating a clause on the “Balance in Copyright and Related Rights Systems.” Among these, the Regional Comprehensive Economic Partnership Agreement and, more recently, the 2021 Australia-U.K. FTA contain such a clause. In addition, more discrete FTAs, such as the AustraliaPeru FTA, also incorporate similar provisions. This article considers what incorporating such clauses in FTAs means for the interpretation of …
Ransomware Groups On Notice: U.S. Cyber Operation Against Revil Is Permissible Under International Law, Justin Singh
Ransomware Groups On Notice: U.S. Cyber Operation Against Revil Is Permissible Under International Law, Justin Singh
American University International Law Review
The continued increase in the use of ransomware by cyber criminals has had a costly impact on businesses and organizations around the world. Ransomware groups continue to initiate attacks on businesses and organizations, and states have become increasingly concerned over the potential impact it may have on their critical infrastructure and economies. The United States’ recent acknowledgement of cyber operations against ransomware groups highlights the seriousness of the issue and exposes areas of international law that are complicated when applied to cyber operations against these groups. This Comment explores the relevant international law as it applies to the United States …
Lost In Transit: How Enforcement Of Foreign Copyright Judgements Undermines The Right To Research, Naama Daniel
Lost In Transit: How Enforcement Of Foreign Copyright Judgements Undermines The Right To Research, Naama Daniel
American University International Law Review
The ease of travel in the globalized, modern world is a doubleedged sword for the right to research: while research opportunities are bolstered due to information and data traveling extremely easily in the digital world, the right to research may be undermined by the easy travel of foreign copyright judgments between countries. This article analyzes thoroughly, for the first time, the threats posed to the right to research by private international law instruments on recognition and enforcement of foreign copyright judgments. This article uses a theoretical and doctrinal perspective to analyze the matter, demonstrating that the right to research, aimed …
State Of Dilution: How U.S. Trademark And Anti-Dilution Law Violates The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Sherwet Witherington
State Of Dilution: How U.S. Trademark And Anti-Dilution Law Violates The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Sherwet Witherington
American University International Law Review
No abstract provided.
Rethinking The Length Of Patent Terms, Simon Lester, Huan Zhu
Rethinking The Length Of Patent Terms, Simon Lester, Huan Zhu
American University International Law Review
No abstract provided.
Patent Abolition: A Real-Life Historical Case Study, Stef Van Gompel
Patent Abolition: A Real-Life Historical Case Study, Stef Van Gompel
American University International Law Review
No abstract provided.
Artificially Intelligent And Free To Monopolize: A New Threat To Competitive Markets Around The World, Kaylynn Noethlich
Artificially Intelligent And Free To Monopolize: A New Threat To Competitive Markets Around The World, Kaylynn Noethlich
American University International Law Review
No abstract provided.
The Patent Ability Of Genetic Therapies: Car-T And Medical Treatment Exclusions Around The World, Luis Gil Abinader, Jorge L. Contreras
The Patent Ability Of Genetic Therapies: Car-T And Medical Treatment Exclusions Around The World, Luis Gil Abinader, Jorge L. Contreras
American University International Law Review
No abstract provided.
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Global Knowledge Governance, Margaret Chon
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Global Knowledge Governance, Margaret Chon
American University International Law Review
No abstract provided.
The Interpretive Argument For A Balanced Three-Step Test?, Patrick R. Goold
The Interpretive Argument For A Balanced Three-Step Test?, Patrick R. Goold
American University International Law Review
No abstract provided.
The Perfect Match: Civil Law Judges And Open-Ended Fair Use Provisions, Martin Senftleben
The Perfect Match: Civil Law Judges And Open-Ended Fair Use Provisions, Martin Senftleben
American University International Law Review
No abstract provided.
Globalizing User Rights-Talk: On Copyright Limits And Rhetorical Risks, Carys J. Craig
Globalizing User Rights-Talk: On Copyright Limits And Rhetorical Risks, Carys J. Craig
American University International Law Review
No abstract provided.
Safeguards For Defendant Rights And Interests In International Intellectual Property Enforcement Treaties, Kimberlee Weatherall
Safeguards For Defendant Rights And Interests In International Intellectual Property Enforcement Treaties, Kimberlee Weatherall
American University International Law Review
No abstract provided.
Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said
Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said
American University International Law Review
No abstract provided.
Copyright Divisibility And The Anticommons, Jyh-An Lee
Copyright Divisibility And The Anticommons, Jyh-An Lee
American University International Law Review
No abstract provided.
The Role Of Human Rights In Copyright Enforcement Online: Elaborating A Legal Framework For Website Blocking, Christophe Geiger, Elena Izyumenko
The Role Of Human Rights In Copyright Enforcement Online: Elaborating A Legal Framework For Website Blocking, Christophe Geiger, Elena Izyumenko
American University International Law Review
No abstract provided.
Acta's State Of Play: Looking Beyond Transparency, Michael Geist
Acta's State Of Play: Looking Beyond Transparency, Michael Geist
American University International Law Review
No abstract provided.
Acta's Constitutional Problem: The Treaty Is Not A Treaty , Sean Flynn
Acta's Constitutional Problem: The Treaty Is Not A Treaty , Sean Flynn
American University International Law Review
No abstract provided.
Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine
Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine
American University International Law Review
No abstract provided.
Acta And The Specter Of Graduated Response , Annemarie Bridy
Acta And The Specter Of Graduated Response , Annemarie Bridy
American University International Law Review
No abstract provided.
Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva
Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva
American University International Law Review
No abstract provided.
A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan
A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan
American University International Law Review
No abstract provided.
Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens
Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens
American University International Law Review
No abstract provided.
Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker
Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker
American University International Law Review
No abstract provided.
Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall
Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall
American University International Law Review
No abstract provided.
Trips Enforcement And Developing Countries, Peter K. Yu
Trips Enforcement And Developing Countries, Peter K. Yu
American University International Law Review
No abstract provided.
A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson
A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson
American University International Law Review
This article covers a timely set of issues concerning the relationship between intellectual property rights (“IPRs”) associated with foreign investments, state-authorized compulsory licenses, trade law (in particular, the TRIPS Agreement), and claims for indirect expropriation that might be brought in investment arbitration. I focus, as a case study, on compulsory licenses and claims of indirect expropriation. Compulsory licenses bear an inherently contentious character. This government authorized license often presents a clash between significant opposing interests – on one side, the legitimate expectations of patent based foreign investors founded on the international investment agreement (“IIA”) and a patent regime that, for …