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Articles 1 - 15 of 15
Full-Text Articles in Law
The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush
The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush
Intellectual Property Brief
No abstract provided.
Rethinking Rand: Sdo-Based Approaches To Patent Licensing Commitments, Jorge Contreras
Rethinking Rand: Sdo-Based Approaches To Patent Licensing Commitments, Jorge Contreras
Working Papers
So-called “reasonable and nondiscriminatory” (RAND) licensing commitments have been utilized by standards-development organizations (SDOs) for years in an attempt to alleviate the risk of patent hold-up in standard-setting. These commitments, however, have proven to be vague and offer few assurances to product vendors or patent holders. A recent surge of international litigation concerning RAND commitments has brought this issue to the attention of regulators, industry and the public, and many agree that a better approach is needed. In this paper, I identify seven “first principles” that underlie the licensing and enforcement of standards-essential patents (SEP)s. These can be summarized as …
Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos
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
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
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.
Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur
Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur
Sustainable Development Law & Policy
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
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
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 …
The Washington Declaration On Intellectual Property And The Public Interest, The Global Congress On Intellectual Property And The Public Interest
The Washington Declaration On Intellectual Property And The Public Interest, The Global Congress On Intellectual Property And The Public Interest
American University International Law Review
No abstract provided.
Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn
Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn
American University International Law Review
No abstract provided.
The Sopa-Tpp Nexus, Jonathan Band
The Sopa-Tpp Nexus, Jonathan Band
American University International Law Review
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
The Morning After: Trips-Plus, Ftas,And Wikileaks: Fresh Insights On The Implementation And Enforcement Of Ip Protection In Developing Countries, Mohammed El Said
American University International Law Review
No abstract provided.
One Step Ahead, Two Steps Back: Reverse Engineering The Second Draft For The Third Revision Of The Chinese Copyright Law, Hong Xue
American University International Law Review
No abstract provided.
Intellectual Property Training And Education For Development, Peter K. Yu
Intellectual Property Training And Education For Development, Peter K. Yu
American University International Law Review
No abstract provided.
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
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 …