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Full-Text Articles in Law
The United States Supreme Court’S Decision In Kirtsaeng V. Wiley & Sons: An “Inevitable” Step In Which Direction?, Irene Calboli
The United States Supreme Court’S Decision In Kirtsaeng V. Wiley & Sons: An “Inevitable” Step In Which Direction?, Irene Calboli
Research Collection Yong Pung How School Of Law
This opinion analyzes the decision of the Supreme Court of the United States in the case Kirtsaeng v. Wiley & Sons. In this decision, the Court ruled that the principle of copyright exhaustion as provided in Section 109(a) of the Copyright Act equally applies to products “lawfully made” in the United States as well as to products that have been “lawfully made” in foreign countries. This “revolutionary” decision came after almost two decades of conflicting positions, including two previous Supreme Court decisions that had failed to clarify the issue, notably Quality King v. L’anza and Costco v. Omega. Yet, a …
Overlapping Copyright And Trademark Protection: A Call For Concern And Action, Irene Calboli
Overlapping Copyright And Trademark Protection: A Call For Concern And Action, Irene Calboli
Research Collection Yong Pung How School Of Law
Currently, many forms of intellectual property can qualify for protection both under trademark and copyright law. Granting trademark protection for these works has the potential to negatively impact the social bargain upon which copyright protection is built and justified. Over the past few decades several judicial decisions have recognized this overlapping protection; generally, however, the majority of courts have proved reluctant to comprehensively address the issue, and have consistently accepted that trademark protection can apply to creative works when they are used to identify products offered for sale in the market. This perceived judicial support has contributed to further overlapping …
Reading The Tea Leaves In Singapore: Who Will Be Left Holding The Bag For Secondary Trademark Infringement On The Internet, Irene Calboli
Reading The Tea Leaves In Singapore: Who Will Be Left Holding The Bag For Secondary Trademark Infringement On The Internet, Irene Calboli
Research Collection Yong Pung How School Of Law
No abstract provided.
In Territorio Veritas? Bringing Geographical Coherence Into The Ambiguous Definition Of Geographical Indications Of Origin, Irene Calboli
In Territorio Veritas? Bringing Geographical Coherence Into The Ambiguous Definition Of Geographical Indications Of Origin, Irene Calboli
Research Collection Yong Pung How School Of Law
In this article, I criticize what I call “ambiguous geographical origin” in the concept of geographical indications of origin (GIs) and note that the current definition of GIs in Art. 22(1) of TRIPS essentially misuses, or at least misinterprets, of the terms “geographical origin.” More specifically, I expose the partial inconsistency between the legal definition under TRIPs and the dictionary definition of the terms “geographical” and “origin”. In this respect, I point out that, from a strictly linguistic standpoint, the term “geographical”, in its variation as “geographic”, is defined as “of or relating to geography” and as “belonging to or …
Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against 'Mutant Copyrights'?, Irene Calboli
Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against 'Mutant Copyrights'?, Irene Calboli
Research Collection Yong Pung How School Of Law
This article offers a brief overview of the history and developments of the doctrine of aesthetic functionality in the United States and examines the recent decisions in Fleischer Studios, Inc v AVELA, Inc. In particular, the article argues that the courts in Fleischer added an important element to the interpretation of the doctrine, namely the fact that the courts seemed willing to resort to aesthetic functionality to counter the consequences resulting from the practice of using trade mark protection as an additional form of protection for copyrighted, or once copyrighted, creative works.
Strategies For Surviving In China's Intellectual Property Minefield, David Llewelyn, Peter J. Williamson
Strategies For Surviving In China's Intellectual Property Minefield, David Llewelyn, Peter J. Williamson
Research Collection Yong Pung How School Of Law
Despite a slowdown in China’s GDP growth from the double-digit heights of the last decade, it is still expanding at over 7% per annum – a growth rate that looks more sustainable. Growth in the other major emerging economies including India, Brazil and Russia, by contrast, has all but collapsed, at least for the present. Growth in the developed economies, meanwhile, remains fragile in the wake of their post-2008 financial crisis recessions. It is not surprising, therefore, that the Boards of many foreign companies are counting on winning share in the China market to support their top-line growth in coming …
Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw
Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
In one of the most highly anticipated decisions emanating from the apex Court in the US in recent times, the US Supreme Court in Association for Molecular Pathology v Myriad Genetics Inc was asked to consider, in the main, the patentability of a naturally occurring gene sequence which had been specifically isolated from the human genome. Although the patent was eventually denied, this seminal case will certainly not be the last word on what is clearly a very controversial subject, at least outside of the US.