Law Commons^™

The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze

Maryna Koberidze

Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais

Daniel J Gervais

How Much Fuel To Add To The Fire Of Genius? Some Questions About The Repair/Reconstruction Distinction In Patent Law , Arthur Gajarsa, Evelyn Aswad, Joseph Cianfrani

Evelyn Aswad

No abstract provided.

From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer

Stephen M. Maurer

Copyright theorists often ask how incentives can be designed to create better books, movies, and art. But this is not the whole story. As the Roman satirist Martial pointed out two thousand years ago, markets routinely ignore good and even excellent works. The insight reminds us that incentives to find content are just as necessary as incentives to make it. Recent social science research explains why markets fail and how timely interventions can save deserving titles from oblivion. This article reviews society’s long struggle to fix the vagaries of search since the invention of literature. We build on this history …

The New Servitudes, Molly Shaffer Van Houweling

Molly Van Houweling

In the age of electronic commerce, consumers routinely acquire intangible products without engaging in any direct human interaction. These products-computer programs, digital music, et cetera—often arrive bearing terms that purport to limit the sticks in the consumers' bundles of rights in ways that depart from the background limitations imposed by intellectual property law. For example, a consumer who has downloaded a computer program from the Internet might be presented with a screen of text imposing myriad restrictions on how the program may be used; installation commences only when the consumer clicks “I agree.” Courts in the United States have increasingly …

Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc, Molly Shaffer Van Houweling

Molly Van Houweling

No abstract provided.

Sovereignty Under Siege: Corporate Challenges To Domestic Intellectual Property Decisions, Cynthia M. Ho

Cynthia M Ho

Countries face a new threat that strikes at their ability to balance protection of intellectual property rights against other priorities, such as public health. They may have to pay substantial compensation to companies that dislike domestic intellectual property laws. This threat is much more significant than the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), a landmark international agreement concluded twenty years ago, that for the first time required all countries to provide "minimum" levels of intellectual property rights; before that time, countries were not obligated to provide any such rights at all. Since the conclusion of TRIPS, policymakers …

The Hydrox Resurrection, Mark Mckenna

Mark P. McKenna

KESTENBAUM: I wasn't going to let that stop me. So I called up a trademark expert, Mark McKenna at Notre Dame, and I asked him, is this right? Can someone just waltz in and grab a hundred­year­old trademark, suddenly own this whole history? It seemed a little weird 'cause a trademark is like a kind of property. And if you think of this like land...

SMITH: Like, hey, I notice you haven't mowed your lawn for a while, so I'm just going to take a little part of your property.

KESTENBAUM: Yeah, it seems crazy, right? McKenna said, I'm thinking …

Copyright As Contract, Jeffrey L. Harrison

Jeffrey L Harrison

Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …

Trade Secrets, Trade, And Extraterritoriality, Elizabeth A. Rowe, Daniel M. Mahfood

Elizabeth A Rowe

When a foreign individual or company misappropriates the trade secrets of an American company, and the acts of misappropriation occur entirely outside of the United States, the trade secret law of the United States generally will not apply. This represents the principle of extraterritoriality, and identifies a major vulnerability for companies that choose to conduct operations or engage in other business abroad. In such situations, the substantive and procedural laws of another country are likely to define whether the allegedly misappropriated information is protected and has been misappropriated. Providing a domestic forum to prosecute extraterritorial infringement would substantially benefit domestic …

Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall

Kimberlee G Weatherall

This note comments on the TPP copyright provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary

Section By Section Commentary On The Tpp Final Ip Chapter Published 6 November 2015 – Part 1 – General Provisions, Trade Mark, Gis, Designs, Kimberlee G. Weatherall

Kimberlee G Weatherall

This note comments on the TPP general provisions and rules on trade mark, GIs, and designs. It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary.

Patent I Panel: Commil Usa V. Cisco, Mark Strachan, Saurabh Vishnubhakat, Daryl Lim

Daryl Lim

The Patent I panel discussion from the Supreme Court IP Review (SCIPR), September 25, 2015, at Chicago-Kent College of Law focused on the case Commil USA v. Cisco (A defendant's belief regarding patent validity is not a defense to an induced infringement claim.)

Moderator: Daniel Stringfield, Steptoe & Johnson LLP

Panelists: Mark Strachan, Sayles | Werbner, counsel for Commil USA; Professor Saurabh Vishnubhakat, Texas A&M University School of Law; Professor Daryl Lim, John Marshall Law School, on brief Amici Curiae Sixteen Intellectual Property Law Professors in Support of the Respondent

Runtime: 43:41

Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 3 - Enforcement, Kimberlee G. Weatherall

Kimberlee G Weatherall

This note comments on the TPP IP enforcement provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary. Note: version 0.1 adds fn 1 reference to Bridy on ISP safe harbors.

27-10-15 Wigan Ieee Smart Cities Guadalajara Education Workshop Presentatation, Marcus R. Wigan

Marcus R Wigan

Socio-Economic Aspects Of Geographical Indications, Irene Calboli, Daniel J. Gervais

Irene Calboli

La Insoportable Levedad Del Legislador Argentino En Materia De Derecho De Autor Digresiones Jurídico-Económicos En Torno Al Proyecto Legislativo Que Propone Extender La Duración De Las Obras Fotográficas, Maximiliano Marzetti

Maximiliano Marzetti

Este aporte tiene una doble finalidad, catártica y educativa. Por un lado quiero desahogarme al ver como la historia se repite: la vetusta ley de propiedad intelectual N° 11.723 sólo se retoca para extender privilegios económicos de un sector y no en beneficio del bien común. Por otro, continúo mi prédica para intentar convencer a colegas y legisladores para que se adentren en el fabuloso mundo de la multidisciplina. Necesitamos legisladores que sepan de derecho, economía y ciencias sociales, o al menos que sepan escuchar a quienes saben.

Copyright In Canada: The New Millennium, David Vaver

David Vaver

No abstract provided.

Copyright In Foreign Works: Canada's International Obligations, David Vaver

David Vaver

It is anticipated that proposals for a complete overhaul of the copyright laws will be presented to the Canadian Parliament in the very near future. The new legislation will likely extend protection to works and grant rights beyond those existing under the current Copyright Act of 1924. This study examines the extent to which any new legislation must grant national treatment to foreign works, particularly technologies that have developed and rights that have been proposed since the 1924 Act. The focus is on Canada's obligations under the Berne Convention for the Protection of Literary and Artistic Works and under the …

Advocacy In Ip Litigation In The Supreme Court: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, David Vaver

David Vaver

The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada shares his thoughts regarding the five important copyright cases (known as the “Copyright Pentalogy”) that he took part in deciding earlier this year.

Snooping, Privacy And Precedent In Ontario, David Vaver

David Vaver

No abstract provided.

Intellectual Property Today: Of Myths And Paradoxes, David Vaver

David Vaver

It is often claimed or assumed that intellectual property laws are necessary to encourage individual creativity and inventiveness and that society would be worse off without such laws. This article suggests that, in the field of copyrights and patents at least, such claims rest on myth and paradox rather than proof, and should be viewed sceptically. With its minimal standards for eligibility, copyright today seems less concerned with authors, art and literature than with protecting the distributors of standardized industrial products, and sometimes is even used to prevent the dissemination of knowledge by becoming a tool of censorship. Patent law …

Copyright Law, David Vaver

David Vaver

The explosive growth in communication technologies has put enormous strains on the law, no more so than on the law of copyright. In this book, David Vaver examines how the modern law of copyright and moral rights is coping with the new technologies. He provides a detailed, authoritative analysis of the most recent changes to the Copyright Act and their impact on copyright holders and users, including educational institutions, libraries, and archives. Copyright Law, like its companion volume Intellectual Property Law by the same author, is written in a lively non-technical style. It examines in greater depth than the earlier …

Generalist Judges, Technical Expertise, And The Standard Of Review: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, Giuseppina D'Agostino, David Vaver

David Vaver

The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada discusses the nexus between specialist technical expertise and the generalism of judges of courts of appeal, as well as commenting on the peculiar direction for the standard of review of the various administrative bodies that govern most IP matters.

Territoriality Of Trade Marks In A Post-National Era, Graeme B. Dinwoodie, David Vaver

David Vaver

Professor Dinwoodie discusses the "Territoriality of Trade Marks in a Post-National Era"; proposing that a cardinal principle of IP law is that it is territorial, and it has always been that way even within the international systems since the late 19th century. However, global trade and social changes along with the creation of the online marketplace have called into question the practical relevance of this territoriality principle.There is a growing gap between the global reach of trade and the local nature of IP law, and what should be of interest to us is how we respond to this gap between …

Reforming Intellectual Property Law: An Obvious And Not-So-Obvious Agenda, David Vaver

David Vaver

No abstract provided.

The Copyright Amendments Of 1997, David Vaver

David Vaver

No abstract provided.

Welcome Remarks, Giuseppina D'Agostino, François Tanguay-Renaud, Victor Nabhan

François Tanguay-Renaud

This symposium focuses on the legal and commercial aspects of user generated content (“UGC”) featuring Professor Victor Nabhan, the Genest Global Faculty member for the fall 2013 term at Osgoode Hall Law School.

The Comprador Complex: Africa’S Iprs Elites, Neo-Colonialism And The Enduring Control Of African Ipr Agenda By External Interests, Ikechi Mgbeoji

Ikechi Mgbeoji

No abstract provided.

Book Review: Canadian Patent Law, Ikechi Mgbeoji

Ikechi Mgbeoji

No abstract provided.