Law Commons^™

Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

In today’s world, there is a lot of focus on issues such as militancy, global warming, terrorism, racism and even politics. Unfortunately, there is a problem that has killed and is still killing far more people than any of the above issues. That problem is HIV/AIDS.

AIDS is a serious medical condition that predisposes patients towards opportunistic infecting tumors, dementia and death. HIV is the viral agent associated with AIDS. Africa is without doubt more heavily affected by HIV/AIDS than any other region of the world. Although Nigeria’s HIV/AIDS prevalence rate is still relatively low compared to some countries in …

Towards A Holistic Approach To Technology And Climate Change: What Would Form Part Of An Answer?, Estelle Derclaye, Abbe Brown

Estelle Derclaye

No abstract provided.

Piratas Y Corsarios En La Era Digital, Mario Šilar, Alejandro Néstor García Martínez

Mario Šilar

http://www.unav.es/nuestrotiempo/es/temas/piratas-y-corsarios-en-la-era-digital

Language And Culture In Intellectual Property Law: A Book Review (Reviewing Jessica Reymann's "The Rhetoric Of Intellectual Property: Copyright And The Regulation Of Digital Culture), Jessica M. Silbey

Jessica Silbey

Jessica Reyman’s THE RHETORIC OF INTELLECTUAL PROPERTY: COPYRIGHT LAW AND THE REGULATION OF DIGITAL CULTURE is a book whose time has come. As a book about the rhetorical divide between the content industry and copyright activists, it analyzes the deep rifts between the language of incentives and exclusivity and the counterdiscourse of cooperation and the commons. And as a piece about the upheaval in the socio-legal landscape of intellectual property rights, it is in good company. There are multitudes of recent books and articles that seek a solution to the divide that animates disputes about owners and users (many of …

The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer

Matthew Rimmer

After much hue and cry, the Copenhagen negotiations over intellectual property and climate change ended in a stalemate and an impasse. There was a gulf between the views of intellectual property maximalists who demanded strong protection of intellectual property rights in respect of clean technologies; and nation states and civil society groups calling for special measures to facilitate technology transfer. As a result, the Copenhagen Accord did contain any text on intellectual property and climate change. Nonetheless, the Copenhagen Accord does, though, contain an important compromise. The text provides for a technology mechanism, which envisages a network of Climate Innovation …

Trips And Human Rights - The Case Of India, Subramanya Sirish Tamvada

Subramanya Sirish Tamvada

Intellectual Property Rights and Human Rights often come in conflict. There is a need to give heed to the voices of the developing countries. Human Rights have gained primacy in the world today. Developing countries through international treaties and conventions are obliged to protect human rights in their countries. At the same time trade and innovation is also of priority for a countries development. Hence, there is a need to understand and bring clarity to the debate between the two namely; trade especially, the intellectual property rights and human rights. Intellectual Property Interests mentioned in UDHR and ICESCR cannot be …

Civil Procedures For A World Of Shared And User-Generated Content, Ira Nathenson

Ira Steven Nathenson

Scholars often focus on the substance of copyrights as opposed to the procedures used to enforce them. Yet copyright enforcement procedures are at the root of significant overreach and deserve greater attention in academic literature. This Article explores three types of private enforcement procedures: direct enforcement (cease-and-desist practice); indirect enforcement (DMCA takedowns); and automated enforcement (YouTube’s Content ID filtering program). Such procedures can produce a “substance-procedure-substance” feedback loop that causes significant de facto overextensions of copyrights, particularly against those creating and sharing User-Generated Content (UGC). To avoid this feedback, the Article proposes descriptive and normative frameworks aimed towards the creation …

The Ali Principles And The Clip Project – A Comparison, Benedetta Carla Angela Ubertazzi

Benedetta Carla Angela Ubertazzi

No abstract provided.

A New Look At Patent Quality: Relating Patent Prosecution To Validity, Ronald J. Mann, Marian Underweiser

Ronald Mann

The paper uses two hand-collected datasets to implement a novel research design for analyzing the precursors to patent quality. Operationalizing patent "quality" as legal validity, the paper analyzes the relation between Federal Circuit decisions on patent validity and three sets of data about the patents: quantitative features of the patents themselves, textual analysis of the patent documents, and data collected from the prosecution histories of the patents. The paper finds large and statistically significant relations between ex post validity and both textual features of the patents and ex ante aspects of the prosecution history (especially prior art submissions and the …

Is Imminent Enough?: The Status Of Importation Under Section 337, Anne Marie Morris

Anne Marie Morris

No abstract provided.

Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica M. Silbey

Jessica Silbey

This Article argues that the open-source and antiexpansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well-known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent …

The Book Of Wisdom: How To Bring A Metaphorical Flourish Into The Realm Of Economic Reality By Adopting A Market Reconstruction Requirement In The Calculation Of A Reasonable Royalty, David C. Holly

David C Holly

The “book of wisdom” concept has been the source of much obfuscation and confusion in determining a reasonable royalty damage award in patent infringement cases. Some of the confusion regarding the doctrine results from the apparent binomial nature of the book of wisdom's availability--which depends on the methodological approach used to calculate the royalty award. Federal Circuit precedent indicates that the doctrine is not available when courts engage in the “analytical” method of calculating a royalty award. In contrast, there is currently confusion in Federal Circuit jurisprudence with regard to the doctrine's availability when courts utilize the more common “willing …