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2000

Intellectual Property Law

Institution
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Articles 1 - 30 of 58

Full-Text Articles in Law

Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller Nov 2000

Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller

Library Staff Publications

No abstract provided.


The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller Oct 2000

The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller

Library Staff Publications

No abstract provided.


Copyrights And Beyond In The Digital Age, Thomas G. Field Jr. Sep 2000

Copyrights And Beyond In The Digital Age, Thomas G. Field Jr.

Law Faculty Scholarship

At one time, only works visible to the naked eye were copyrightable, but that has long since changed. Now, works capable of perception only by use of VCRs or computers, for example, enjoy the same protection as books, paintings and sculpture. In 1994, William S. Strong reported that he had "heard Chicken Littles say that the sky is falling in on copyright owners" in the digital age and predicted to the contrary. He was right; publishers' problems may have changed in degree but not in kind. For important, if not critical, internet needs to be met, providers must recoup costs.


After Microsoft Wins, Robert H. Lande Jul 2000

After Microsoft Wins, Robert H. Lande

All Faculty Scholarship

No abstract provided.


Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik Jul 2000

Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik

Faculty Publications

With almost one billion web pages on the Internet today, a search engine is a necessity at times. But search engines are also for-profit ventures and the financial success of these sites hinges on advertising revenue. One of the ways in which these sites generate income is by selling “keywords” to advertisers. Although there has been only one judicial decision – Playboy Enterprises, Inc. v. Netscape Communications – involving banner ads keyed to trademarks, it will undoubtedly not be the last. This article argues that despite the invisible nature of this unauthorized trademark use, the common practice of keying a banner ad ...


Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell Jul 2000

Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell

All Faculty Scholarship

In the December 1999 issue of AALL Spectrum, Charles Cronin provided a fine overview of the Uniform Computer Information Transactions Act (UCITA) and its potential impact on libraries. As he indicated, the National Conference of Commissioners on Uniform State Laws (NCCUSL) offered UCITA to several state legislatures for consideration, with Maryland and Virginia vying to become the first state to enact it. Virginia, whose legislative session began a couple of months before Maryland’s and whose process did not allow much opposition, was first across the line. However, one amendment, included near the end of the process, delayed implementation of ...


Architectural Copyright: Recent Developments, Robert Greenstreet, Russell Klingaman Jun 2000

Architectural Copyright: Recent Developments, Robert Greenstreet, Russell Klingaman

Architecture Faculty Articles

This article traces the development of American copyright law as it applies to architectural works from its earliest foundations in the United States Constitution until the enactment of the Architectural Works Copyright Protection Act in 1990. By focusing on the outcomes of the latest legislation through recent case law affecting residential design, the authors evaluate the effectiveness of the protection and illustrate some unintended consequences. In addition, they discuss architectural originality and its relationship to legal protection in the context of individual design freedom.


"Available State Remedies" And The Fourteenth Amendment: Comments On Florida Prepaid V. College Savings Bank, Michael L. Wells Jun 2000

"Available State Remedies" And The Fourteenth Amendment: Comments On Florida Prepaid V. College Savings Bank, Michael L. Wells

Scholarly Works

In Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, decided during the Supreme Court's October 1998 Term, the specific point at issue was the scope of Congress's authority under Section 5 of the Fourteenth Amendment to impose liability for damages on state governments. In the Patent Remedy Act, Congress had abrogated the states' sovereign immunity from claims of patent infringement. College Savings Bank argued for the validity of the statute on the grounds that patents are property; that patent infringements are deprivations of property; and that the statute simply and appropriately provides a remedy for deprivations ...


Statutory Interpretation, Property Rights, And Boundaries: The Nature And Limits Of Protection In Trademark Dilution, Trade Dress, And Product Configuration Cases, Gary Myers Apr 2000

Statutory Interpretation, Property Rights, And Boundaries: The Nature And Limits Of Protection In Trademark Dilution, Trade Dress, And Product Configuration Cases, Gary Myers

Faculty Publications

This article, however, takes the view that the basic landscape in trademark law is unlikely to change in the near future. Congress has only recently enacted the Trademark Dilution Act, and there seems to be little movement to amend it dramatically, let alone repeal it. There have been several recently enacted amendments to the Lanham Act addressing functionality that make great sense and are consistent with the principles suggested here, as will be discussed below. Moreover, the Supreme Court in Two Pesos, Qualitex, Park ‘n’ Fly, and Samara has recently set forth rules that will allow trade dress claims to ...


Statement Of Harvey K. Morrell, University Of Baltimore Law Library, In Opposition To The Maryland Uniform Computer Information Transfer Act, Harvey K. Morrell Feb 2000

Statement Of Harvey K. Morrell, University Of Baltimore Law Library, In Opposition To The Maryland Uniform Computer Information Transfer Act, Harvey K. Morrell

All Faculty Scholarship

Testimony in opposition to the Maryland Uniform Computer Information Transfer Act, House Bill 19, Senate Bill 142, 2000.


Publish Or Perish, Gideon Parchomovsky Feb 2000

Publish Or Perish, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford Jan 2000

Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford

Faculty Publications

As the Constitution authorizes Congress to grant copyrights, it subjects the power to a public purpose requirement. Any monopoly Congress grants must be for the purpose of “promot[ing] the progress of science and useful arts.” But one result of Congress enacting the 1976 Act is a potential conflict between the Act and this public purpose requirement. An owner of intellectual property may believe that both copyright law – which mandates disclosure – and trade secret law – which mandates secrecy – can be used simultaneously. To believe that disclosure and secrecy can coexist is doublethink as both cannot be true.

This unconstitutional double ...


The Federal Circuit’S Cruise To Uncharted Waters: How Patent Protection For Algorithms And Business Methods May Sink The Ucita And State Intellectual Property Protection, Ralph D. Clifford Jan 2000

The Federal Circuit’S Cruise To Uncharted Waters: How Patent Protection For Algorithms And Business Methods May Sink The Ucita And State Intellectual Property Protection, Ralph D. Clifford

Faculty Publications

The realm of intellectual property law now changes at an incredible pace, with the courts discarding venerable concepts rapidly. This is not surprising as the transition from a goods-based society to one based on information increases the importance of intellectual property law. Nowhere has this been more apparent than the Federal Circuit’s recent reworking of the scope of federal patent law. Today, it is difficult to imagine anything for which a patent cannot be sought and received. Furthermore, the expansion of the patent law’s scope has a corresponding impact on state powers. Because the patent law serves to ...


Vol. Ix, Tab 47 - Ex. 1 - Document "Our Collar - Rosetta Stone New Brand", Dawn Mcavoy Jan 2000

Vol. Ix, Tab 47 - Ex. 1 - Document "Our Collar - Rosetta Stone New Brand", Dawn Mcavoy

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala Jan 2000

Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala

McGeorge School of Law Scholarly Articles

No abstract provided.


Deluxe Editions And The Copyright Monopoly, Robert Spoo Jan 2000

Deluxe Editions And The Copyright Monopoly, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Copyright In The Context Of Intellectual Property: A Survey Of Canadian University Policies, Margaret Ann Wilkinson Jan 2000

Copyright In The Context Of Intellectual Property: A Survey Of Canadian University Policies, Margaret Ann Wilkinson

Law Publications

Traditionally, the federal government has been considered the major player in information policy concerning copyrights and patents because both come within its exclusive legislative competence. Increasingly, however, two trends are becoming clear: intellectual property policy cannot be considered in isolation from other economic and social policy issues and national governments are increasingly constrained in terms of their direct actions with respect to specific intellectual property protections by the government's wider commitments developed through the process of international trade negotiation. It is argued in this paper that the role of those who actually control the intellectual property created or used ...


Whither Industrial Design, Margaret Ann Wilkinson, Amy Muhlstein Jan 2000

Whither Industrial Design, Margaret Ann Wilkinson, Amy Muhlstein

Law Publications

The scope of the Industrial Design Act in Canada is much narrower than the concept of industrial designs, as original and unique manufactured objects, in industry. Indeed, the Industrial Design Act applies only to the aspects of industrial designs which we have described as the design aspects. Similar protection of the design aspects of industrial designs exist in Britain and the United States, although, as discussed, these protections take different forms in each jurisdiction. Although some of the aspects of industrial designs other than the design aspects receive no intellectual property protection in any of the three jurisdictions, others are ...


Patents, Patients, And Public Policy: An Incomplete Intersection At 35 U.S.C. 287 (C), Cynthia M. Ho Jan 2000

Patents, Patients, And Public Policy: An Incomplete Intersection At 35 U.S.C. 287 (C), Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.


Splicing Morality And Patent Law: Issues Arising From Mixing Mice And Men,, Cynthia M. Ho Jan 2000

Splicing Morality And Patent Law: Issues Arising From Mixing Mice And Men,, Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.


Intellectual Property Rights And The New Institutional Economics, Robert P. Merges Jan 2000

Intellectual Property Rights And The New Institutional Economics, Robert P. Merges

Faculty Scholarship

No abstract provided.


Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg Jan 2000

Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg

Other Publications

This report summarizes key provisions of the United States. legal regime concerning ownership, dissemination and commercialization of the results of publicly funded research as background for a study on the feasibility of improving access by developing countries and economies in transition to environmentally sound technologies (ESTs) developed in other parts of the world.


A Theory Of Claim Interpretation, Craig Allen Nard Jan 2000

A Theory Of Claim Interpretation, Craig Allen Nard

Faculty Publications

This article explores the proper scope of judicial power in patent law by focusing on the Federal Circuit's theories of claim interpretation. A study of the court's claim interpretation jurisprudence reveals two schools of interpretation. I characterize these approaches as (1) hypertextualism, which is the predominant interpretative theory; and (2) pragmatic textualism, which is gradually asserting itself. The hypertextualist judge has an expansive view of judicial power, characterizing claim interpretation as a question of law subject to de novo review. This highly formalistic approach stresses textual fidelity and internal textual coherence, but eschews extrinsic evidence as an interpretive ...


On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis Jan 2000

On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis

Articles by Maurer Faculty

No abstract provided.


The Public Choice Of Choice Of Law In Software Transactions: Jurisdictional Competition And The Dim Prospects For Uniformity, Edward J. Janger Jan 2000

The Public Choice Of Choice Of Law In Software Transactions: Jurisdictional Competition And The Dim Prospects For Uniformity, Edward J. Janger

Faculty Scholarship

No abstract provided.


From Pirates To Partners: Protecting Intellectual Property In China In The Twenty-First Century, Peter K. Yu Jan 2000

From Pirates To Partners: Protecting Intellectual Property In China In The Twenty-First Century, Peter K. Yu

Faculty Scholarship

During the late 1980s and early 1990s, the United States repeatedly threatened China with a series of economic sanctions, trade wars, non-renewal of most-favored-nation status, and opposition to entry into the World Trade Organization. Such threats eventually led to compromises by the Chinese government and the signing of intellectual property agreements in 1992, 1995, and 1996. Despite these agreements, intellectual property piracy remains rampant in China.

Although China initially had serious concerns about the United States's threats of trade sanctions, the constant use of such threats by the U.S. government has led China to change its reaction and ...


Ucita Enacted In Virginia, Sarah K. Wiant Jan 2000

Ucita Enacted In Virginia, Sarah K. Wiant

Scholarly Articles

No abstract provided.


Examined Lives: Informational Privacy And The Subject As Object, Julie E. Cohen Jan 2000

Examined Lives: Informational Privacy And The Subject As Object, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

In the United States, proposals for informational privacy have proved enormously controversial. On a political level, such proposals threaten powerful data processing interests. On a theoretical level, data processors and other data privacy opponents argue that imposing restrictions on the collection, use, and exchange of personal data would ignore established understandings of property, limit individual freedom of choice, violate principles of rational information use, and infringe data processors' freedom of speech. In this article, Professor Julie Cohen explores these theoretical challenges to informational privacy protection. She concludes that categorical arguments from property, choice, truth, and speech lack weight, and mask ...


Copyright As A Model For Free Speech Law: What Copyright Has In Common With Anti-Pornography Laws, Campaign Finance Reform, And Telecommunications Regulation, Rebecca Tushnet Jan 2000

Copyright As A Model For Free Speech Law: What Copyright Has In Common With Anti-Pornography Laws, Campaign Finance Reform, And Telecommunications Regulation, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Copyright raises real and troubling free speech issues, and standard responses to those concerns are inadequate. This Article aims to put copyright in the context of other free speech doctrine. Acknowledging the link between copyright and free speech can help determine the proper contours of a copyright regime that both allows and limits property rights in expression, skewing the content of speech toward change.


Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller Jan 2000

Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller

Library Staff Publications

No abstract provided.