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Articles 1 - 13 of 13
Full-Text Articles in Law
Hiding Behind Reciprocity: The Temporary Presence Exception And Patent Infringement Avoidance, Jonas Anderson
Hiding Behind Reciprocity: The Temporary Presence Exception And Patent Infringement Avoidance, Jonas Anderson
J. Jonas Anderson
The temporary presence exception provides vessels engaged in international transport with a defense to patent infringement when traveling outside of the vessel’s home nation. The exception was adopted internationally and added to the Paris Convention in an effort to (1) minimize the costs associated with transporting between various countries with distinct national patent systems and (2) eliminate international tensions arising from charges of patent infringement when in foreign lands. Although the modern enactments of the temporary presence exception further these goals, this article argues that the exception is overbroad. Specifically, this article argues that the exception’s reciprocity requirement, in concert …
Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams
Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams
American University Law Review
Courts initial reactions play a major role in the assessment of copyright protection. A quick recognition of pictorial quality can result in an easy finding of originality. Based upon the extremely low threshold, such a quick summation is not surprising or necessarily refutable. However, the blanket assumption of a pictorial quality in photography creates a disparity in copyright protection for works of graphic design, like maps, which may not emit that immediate pictorial or aesthetic quality but may still employ creative choice. Those works that “scream” their pictorial nature get cursory review while the more subtle are being categorized as …
Does The Supreme Court Still Matter?, Timothy B. Dyk
Does The Supreme Court Still Matter?, Timothy B. Dyk
American University Law Review
No abstract provided.
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
American University Law Review
In recent years, the innovation market has witnessed a new business model involving companies that are mere patent holding shells and not operating entities. They have no customers or products to offer, but they do have an aggressive tactic of using patent portfolios to threaten other operating companies with potential infringement litigation. The strategy is executed with the end goal of extracting handsome settlements. Acquisitions of patents for offensive use have become a major concern to operating companies because such acquisitions pose the threats of patent injunction, interrupting the business and crippling further innovation. While many operating companies today know …
2007 Patent Law Decisions Of The Federal Circuit, Dean L. Fanelli, Victor N. Balancia, Robert J. Smyth, Carl P. Bretscher, Arthur M. Antonelli, Mark J. Sullivan, Kent E. Basson
2007 Patent Law Decisions Of The Federal Circuit, Dean L. Fanelli, Victor N. Balancia, Robert J. Smyth, Carl P. Bretscher, Arthur M. Antonelli, Mark J. Sullivan, Kent E. Basson
American University Law Review
No abstract provided.
2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette
2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette
American University Law Review
No abstract provided.
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
American University Law Review
No abstract provided.
Code Of Best Practices In Fair Use For Online Video, Peter A. Jaszi, Patricia Aufderheide
Code Of Best Practices In Fair Use For Online Video, Peter A. Jaszi, Patricia Aufderheide
Copyright, Fair Use & Open Access
Until the release of these best practices, anyone uploading a video ran the risk of becoming inadvertently entangled in an industry skirmish, as media companies struggle to keep their programs from circulating on the internet. This document is a code of best practices created by a collaborative team of media scholars and lawyers, to help creators, online providers, copyright holders, and others interested in the making of online video, interpret the copyright doctrine of fair use in online video. The code identifies, among other things, six kinds of unlicensed uses of copyrighted material that may be considered fair, under certain …
Presentation: Naming The Unnamed: Intellectual Property Rights Of Women Artists From India, Ruchira Goswani, Karubakee Nandi
Presentation: Naming The Unnamed: Intellectual Property Rights Of Women Artists From India, Ruchira Goswani, Karubakee Nandi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Intellectual Property At The Intersection Of Race And Gender: Lady Sings The Blues, K.J. Greene
Intellectual Property At The Intersection Of Race And Gender: Lady Sings The Blues, K.J. Greene
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua D. Sarnoff, Ann Shalleck
Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua D. Sarnoff, Ann Shalleck
Articles in Law Reviews & Other Academic Journals
Clinical legal education provides a powerful methodology for students to learn about the relationships among intellectual property law theories, policies and practices; to encounter the experiences of persons who seek protection or who feel the legal regimes of intellectual property impinging on their ability to engage in educational, creative, innovative and culturally significant work; and to develop as lawyers. We describe in this article our motivations for forming an intellectual property law clinic at the American University Washington College of Law, the goals that we seek to achieve, and the tripartite pedagogical structure that we adopted - (1) a seminar …
Writer's Block, David Spratt
Writer's Block, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder
Articles in Law Reviews & Other Academic Journals
No abstract provided.