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Full-Text Articles in Law

An Overview Of The Virginia Ucita, Carlyle C. Ring Jr. Jan 2001

An Overview Of The Virginia Ucita, Carlyle C. Ring Jr.

Richmond Journal of Law & Technology

Virginia has taken a strong and important leadership in establishing rules for the Information Highway through the Joint Committee on Technology and Science (JCOTS) and Delegate Joe T. May. Without the Uniform Computer Information Transactions Act (UCITA) no established rules exist in common law for the Information Highway, which means that each judge must create the rules in each case as it arises. Every judge will make his own rules for the particular case. This results in great inconsistency and uncertainty adversely affecting the realization of the full potential of the Information Age economy. Governor Gilmore states: In 2000, Virginia …


Better Patent Law For International Commitment - The Amendment Of Chinese Patent Law, Jiwen Chen Jan 2001

Better Patent Law For International Commitment - The Amendment Of Chinese Patent Law, Jiwen Chen

Richmond Journal of Global Law & Business

On August 25, 2000, the Chinese National People’s Congress (“NPC”) passed and amendment to the Chinese Patent Law. The Chinese Patent Law was enacted in 1984 and first amended in 1992. This second Amendment, in August of 2000, was made in anticipation of China’s accession to World Trade Organization (“WTO”) and in response to the need for protection of domestinc intellectual property rights.


International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff Jan 2001

International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff

Richmond Journal of Global Law & Business

Globalization of the world has forced the evolution of international norms. Never before has the world been able to communicate so quickly across borders. Instantaneous global communication-the ability to send and receive not just e-mail messages, but documents, videos, and software-enables this instant communication.


Letter From The Editor, Paul A. Fritzinger Jan 2001

Letter From The Editor, Paul A. Fritzinger

Richmond Journal of Law & Technology

Over the last few years, the problems attendant to software licensing regulation have occupied an important position in the minds of legislators at the federal, state and local levels. In the early nineties, the National Conference of Commissioners for Uniform State Laws (NCCUSL) recognized the potential for licensing problems presented by the use of computer software in the national arena as well as on the Internet and saw a clear need for regulations that would transcend state boundaries. In 1999, as a result of years of planning and careful drafting, NCCUSL promulgated the Uniform Computer Information Transactions Act (UCITA) in …


Internet Service Provider's Liability For Copyright Infringement- How To Clear The Misty Indian Perspective, V.K. Unni Jan 2001

Internet Service Provider's Liability For Copyright Infringement- How To Clear The Misty Indian Perspective, V.K. Unni

Richmond Journal of Law & Technology

Only a fool would question the role and relevance of Internet Service Providers in promoting the Internet. But, unfortunately, Internet Service Providers ("ISPs") are at the receiving end of many disputes involving Intellectual Property violations. The difficulty in pinpointing the real culprit has resulted in a piquant situation where the Internet Service Provider is often taken to court. United States' courts and courts of other advanced countries have confronted this issue since 1993 and have finally enacted specific legislation to solve this mind-boggling issue. The Indian Information Technology Act 2000 ("The Act"), enacted with much hype, is almost silent on …


Post Markman: Claim Construction Trends In The Federal Circuit, Daniel J. Melman Jan 2001

Post Markman: Claim Construction Trends In The Federal Circuit, Daniel J. Melman

Richmond Journal of Law & Technology

The strength of a patent as a legal instrument to protect an invention rests primarily on the drafting quality of its claims. The claims of a patent recite the invention "that is deemed by [the] applicant to be operable and patentable." Furthermore, the claims define the legal metes and bounds of an invention so that a patent owner can prevent others from making, using, and selling a patented product in the United States for a period of twenty years from the filing of the patent application. The Supreme Court has long held that a patent's claim, more so than any …