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Series

2001

Intellectual Property Law

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Articles 1 - 30 of 58

Full-Text Articles in Law

Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande Nov 2001

Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande

All Faculty Scholarship

On June 28, 2001, the D.C. Court of Appeals held that Microsoft has violated the antitrust laws repeatedly, relentlessly, and over a multi-year period. The court ruled eight separate times that Microsoft engaged in conduct that illegally maintained its monopoly in PC operating systems. Despite these strongly worded conclusions concerning Microsoft’s liability, the court was extremely cautious when it considered whether to break up the company. It held that divestiture was a “radical” remedy that should be imposed with “great caution.”


Digital Information, Licensing, And The Threat To Fair Use, James S. Heller Oct 2001

Digital Information, Licensing, And The Threat To Fair Use, James S. Heller

Library Staff Publications

No abstract provided.


Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Oct 2001

Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Trade Secrets, Non-Competes, and Unfair Competition held by UK/CLE in October 2001.


The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld Oct 2001

The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld

All Faculty Scholarship

As readers of crime novels know, there are many definitions of the perfect caper. Under most, the perpetrator gets to keep its ill-gotten gains and goes unpunished. Even if the perpetrator is arrested and brought to trial, he or she still typically escapes punishment completely due to a variety of unusual circumstances. This is essentially what Professors John E. Lopatka and William H. Page are arguing about Microsoft's actions. They assert that even though Microsoft has violated the antitrust laws, it will not be made to pay for its anticompetitive conduct, at least not by private plaintiffs.


Avoiding Intellectual Property Problems, Thomas G. Field Jr. May 2001

Avoiding Intellectual Property Problems, Thomas G. Field Jr.

Law Faculty Scholarship

Patents, copyrights, trademarks, as well as trade secrets and related rights can be used to exclude free riders. These rights are usually collectively called "intellectual property" or IP. Everyone should know how to cost-effectively protect their own rights.


Patents And Other Intellectual Property Rights, Giancarlo Moschini May 2001

Patents And Other Intellectual Property Rights, Giancarlo Moschini

CARD Working Papers

This article reviews intellectual property rights (IPRs), with some emphasis on the protection of agricultural and life sciences innovations. The main institutional features of IPRs are first discussed, along with a brief historical background and an articulation of the main rationale for the existence of such rights. This is followed by an overview of the principal economic issues related to IPRs. The main benefit/cost trade-offs of allowing patents and other IPRs are explained, and specific issues are then analyzed in some depth, including the scope of patent protection, the effects of patent races, and the problems arising when IPRs ...


The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy Apr 2001

The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy

Faculty Publications

No abstract provided.


What Is Property's Fourth Estate - Cultural Property And The Fiduciary Ideal, Steven Wilf Apr 2001

What Is Property's Fourth Estate - Cultural Property And The Fiduciary Ideal, Steven Wilf

Faculty Articles and Papers

No abstract provided.


Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson Apr 2001

Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson

Scholarly Works

In Eldred v. Reno the U.S. Court of Appeals for the D.C. Circuit held that the Copyright Term Extension Act (CTEA), which extends the copyright term for present and future works for twenty years, was a constitutional exercise of Congress's copyright power. The CTEA thus puts an end (at least for two decades) to a policy in effect for more than two centuries, since the Copyright Act of 1790, that the copyright of a work expires at the end of a stated term defined at the time the copyright was granted. Since works were copyrighted annually, the ...


Current Developments In Cyberspace, Eric Easton Apr 2001

Current Developments In Cyberspace, Eric Easton

All Faculty Scholarship

No abstract provided.


A Personal Injury Law Perspective On Copyright In An Internet Age, Alfred C. Yen Apr 2001

A Personal Injury Law Perspective On Copyright In An Internet Age, Alfred C. Yen

Boston College Law School Faculty Papers

No abstract provided.


Monopolization, Innovation, And Consumer Welfare, John E. Lopatka, William H. Page Mar 2001

Monopolization, Innovation, And Consumer Welfare, John E. Lopatka, William H. Page

UF Law Faculty Publications

While most commentators and the enforcement agencies voice support for the consumer welfare standard, substantial disagreement exists over when economic theory justifies a presumption of consumer injury. Virtually all would subscribe to the theoretical prediction that an effective cartel will likely inflict consumer injury by reducing output and thus increasing prices. But the academic and judicial consensus disappears when the theory at issue predicts that a practice -- a merger or a predatory pricing campaign, for example -- will harm consumers in the future through some complex sequence of events.

In our view, the desire to protect innovation is legitimate, but its ...


Will Architectural Works Law Have A Chilling Effect?, Robert Greenstreet, Russell Klingaman Mar 2001

Will Architectural Works Law Have A Chilling Effect?, Robert Greenstreet, Russell Klingaman

Architecture Faculty Articles

The Architectural Works Copyright Protection Act (AWCP Act) was passed in 1990 to bring U.S. copyright law into conformance with the Berne Convention, an international treaty dealing with intellectual property. The AWCP Act has been used by architects, designers and builders to sue competitors. This article addresses a few problems associated with litigation involving copyright protection for architectural works.


Copyright Law And Archival Research, Robert Spoo Jan 2001

Copyright Law And Archival Research, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Making The Most Of Commercial Global Domains, Thomas G. Field Jr Jan 2001

Making The Most Of Commercial Global Domains, Thomas G. Field Jr

Law Faculty Scholarship

Despite echoing skepticism about the long-term prospects for commercial global domains based in part on how they are governed, this paper concludes that nominal addresses are essentially a new form of intellectual property, to be viewed and managed in ways sometimes fundamentally different from trademarks and other indicia of commercial goodwill. In support, the article first reviews the domain name system ("DNS") under which nominal addresses may be registered. The article then outlines central principles of unfair competition law underlying the resolution of disputes within the United States. Finally, the article reviews how nominal addresses pose several new kinds of ...


Judicial Review Of Icann Domain Name Dispute Decisions, 18 Santa Clara Computer & High Tech. L.J. 35 (2001), David E. Sorkin Jan 2001

Judicial Review Of Icann Domain Name Dispute Decisions, 18 Santa Clara Computer & High Tech. L.J. 35 (2001), David E. Sorkin

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller Jan 2001

Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller

Library Staff Publications

No abstract provided.


Transmissions Of Music On The Internet: An Analysis Of The Copyright Laws Of Canada, France, Germany, Japan, The United Kingdom, And The United States, Daniel J. Gervais Jan 2001

Transmissions Of Music On The Internet: An Analysis Of The Copyright Laws Of Canada, France, Germany, Japan, The United Kingdom, And The United States, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the ...


The Copyright Regime And Data Protection Legislation, Margaret Ann Wilkinson Jan 2001

The Copyright Regime And Data Protection Legislation, Margaret Ann Wilkinson

Law Publications

No abstract provided.


On-Line Tutorial Project: Intellectual Property In E-Commerce, William J. Murphy Jan 2001

On-Line Tutorial Project: Intellectual Property In E-Commerce, William J. Murphy

Law Faculty Scholarship

Copyrights, Trademarks and Patents make up most of the area of law known as Intellectual Property. Intellectual Property's importance in Electronic Commerce is difficult to overstate. The Internet has been defined as a global network of networks through which computers communicate by sending information in packets, and each network consists of computers connected by cables or wireless links. It is the Intellectual Property laws of Copyright, Trademark and Patents that are attempting to harmonize the effects that E-Commerce and the Internet have had on the individual's ability to access and use this information. It should be remembered that ...


Commentary: International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka Jan 2001

Commentary: International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Articles

The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection—or variations in that protection—hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility ...


International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka Jan 2001

International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Articles

This commentary will focus on the participants' proposals relative to the laws of other countries. Particularly, assuming that the same proposals were to be made in an international negotiation, my commentary reflects potential reactions and responses from Japanese and European delegates.


Not So Different: Tangible, Intangible, Digital, And Analog Works And Their Comparison For Copyright Purposes, I. Trotter Hardy Jan 2001

Not So Different: Tangible, Intangible, Digital, And Analog Works And Their Comparison For Copyright Purposes, I. Trotter Hardy

Faculty Publications

No abstract provided.


Process Considerations In The Age Of Markman And Mantras, Craig Allen Nard Jan 2001

Process Considerations In The Age Of Markman And Mantras, Craig Allen Nard

Faculty Publications

This article asserts that although notions of uniformity and certainty have always been part of patent law parlance, since the Federal Circuit's decision in Markman v. Westview Instruments, Inc., these noble ends have achieved mantra status. In Markman, the Federal Circuit, in the name of uniformity and certainty, characterized claim interpretation as a question of law subject to de novo review, thus positioning itself as the arbiter of claim meaning. If the Federal Circuit is unwilling to exercise greater obeisance toward district court claim interpretations, this article argues that to achieve uniformity and certainty in the context of de ...


Economic Benefits And Costs Of Biotechnology Innovations In Agriculture, Giancarlo Moschini Jan 2001

Economic Benefits And Costs Of Biotechnology Innovations In Agriculture, Giancarlo Moschini

CARD Working Papers

The conceptual model necessary for an assessment of biotechnology's economic benefits and costs is outlined, emphasizing the need to account for the proprietary nature of biotechnology innovations. The model is illustrated with an application to Roundup Ready soybeans. The estimated value of this innovation is sizeable, with consumers and innovators claiming the larger share of net benefits. Also, disparities in intellectual property rights protection across countries affect the distribution of benefits. Consumer resistance toward genetically modified organisms (GMOs) and the issues of labeling and market segregation complicate the economic evaluation of biotechnology innovations, and a number of related regulation ...


State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman Jan 2001

State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


On Trademarks, Domain Names, And Internal Auctions, Gideon Parchomovsky Jan 2001

On Trademarks, Domain Names, And Internal Auctions, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Fair Use And The Digital Distribution Of Music - Recording Industry Association Of America V. Napster, Inc. (A Comparative Analysis Of A Restraint On Copyright In The United States Of America And Trinidad And Tobago), Michelle Lisa Alexander Jan 2001

Fair Use And The Digital Distribution Of Music - Recording Industry Association Of America V. Napster, Inc. (A Comparative Analysis Of A Restraint On Copyright In The United States Of America And Trinidad And Tobago), Michelle Lisa Alexander

LLM Theses and Essays

The purpose of this thesis is to undertake a critical analysis of the Napster judgment and its treatment of the doctrine of fair use, to determine whether the doctrine can retain its integrity in the internet age. It is proposed that as technology advances, U.S. policymakers are moving away from the constitutional objectives of U.S. copyright law and are equating copyright interests with property rights, to the detriment of noncommercial users of copyrighted works. Further, it is suggested that the decision in the Napster litigation is important for the evolving landscape of U.S. copyright law, as it ...


Legalize It? -Osp And Peer-To-Peer Network Liability For Online Music Copyright Infringements In The United States And Germany, Christian Nils Jochen Engelhardt Jan 2001

Legalize It? -Osp And Peer-To-Peer Network Liability For Online Music Copyright Infringements In The United States And Germany, Christian Nils Jochen Engelhardt

LLM Theses and Essays

It may be useful to explain why a comparative approach was chosen. It is easy and comfortable to get caught up in one's own legal system and not look abroad. It is often difficult enough to understand and apply one’s own laws accurately and the study of a foreign legal system may seem an effort too great. Yet, this reluctance to look beyond the familiar is fatal to legal development and improvement since entirely new ideas are rare in the field of law and the main source of change and new approaches is borrowing from another legal system ...


The Marriage Of Intellectual Property And Insurance Law: An Introduction, Leo P. Martinez Jan 2001

The Marriage Of Intellectual Property And Insurance Law: An Introduction, Leo P. Martinez

Faculty Scholarship

No abstract provided.