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American University Washington College of Law

Intellectual Property Law

Intellectual property

2012

Articles 1 - 7 of 7

Full-Text Articles in Law

The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush Oct 2012

The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush

Intellectual Property Brief

No abstract provided.


Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos Oct 2012

Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos

Intellectual Property Brief

No abstract provided.


Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life, Robert Ellis Oct 2012

Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life, Robert Ellis

Intellectual Property Brief

No abstract provided.


The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio Apr 2012

The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio

Intellectual Property Brief

No abstract provided.


The Morning After: Trips-Plus, Ftas And Wikileaks - Fresh Insights On The Implementation And Enforcement Of Ip Protection In Developing Countries, Mohammed El Said Feb 2012

The Morning After: Trips-Plus, Ftas And Wikileaks - Fresh Insights On The Implementation And Enforcement Of Ip Protection In Developing Countries, Mohammed El Said

Joint PIJIP/TLS Research Paper Series

Leaked diplomatic cables related to the United States’ foreign policy implementing and enforcing intellectual property in developing countries draw a bleak picture. U.S. interest groups and local agents collaborate to achieve higher levels of intellectual property protection without taking into consideration the public interest and consumer rights of local communities. This "act of state-sponsored violence," as some have proclaimed it, jeopardizes the lives of millions of citizens across the globe. It also undermines the foundations of the global multilateral trading regime and its institutions, particularly the World Trade Organization (WTO), which was created by the global community in 1995 in …


The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo Jan 2012

The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo

Articles in Law Reviews & Other Academic Journals

This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests …


Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper Jan 2012

Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper

Articles in Law Reviews & Other Academic Journals

Stolen information technology (IT) is a domestic and global problem. Theft of IT by upstream producers has a pernicious effect on the competitive market and violates fundamental policies designed to protect those who create and invent such assets. Companies profiting from stolen IT are not just free-riding on the successes of those who design and produce the products and ideas that are a driving force in the U.S. economy – they are destabilizing rational pricing and distorting lawful competition by virtue of outright theft. Current legal recourse is insufficient to address such misconduct; new approaches are needed at the state …