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Articles 1 - 30 of 77
Full-Text Articles in Law
Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller
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
The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller
Library Staff Publications
No abstract provided.
From Pirates To Partners: Protecting Intellectual Property In China In The Twenty-First Century, Peter K. Yu
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 approach. By …
Copyrights And Beyond In The Digital Age, Thomas G. Field Jr.
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
Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik
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 …
Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell
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 the …
Architectural Copyright: Recent Developments, Robert Greenstreet, Russell Klingaman
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
"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 of …
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
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
Copyright And Democracy: A Cautionary Note, Christopher S. Yoo
Copyright And Democracy: A Cautionary Note, Christopher S. Yoo
All Faculty Scholarship
Democratic theories of copyright have become quite the rage in recent years. A growing number of commentators have offered their views on the relationship between copyright law and the process of self-governance.' No scholar has been more committed to developing this perspective than Neil Netanel. In an important series of articles, Netanel has pursued a powerful and innovative project that attempts to reexamine copyright through the lens of democratic theory. His core concern is that the concentration of private wealth and power in communications and mass media is creating unprecedented disparities in the ability to be heard. The ""speech hierarchy"" …
The More Things Change, The More They Stay The Same: Implications Of Pfaff V. Wells Electronics, Inc. And The Quest For Predictability In The On-Sale Bar, Timothy R. Holbrook
The More Things Change, The More They Stay The Same: Implications Of Pfaff V. Wells Electronics, Inc. And The Quest For Predictability In The On-Sale Bar, Timothy R. Holbrook
Faculty Articles
This Article posits a two prong approach to the on-sale bar. First, for the anticipatory version, the courts should expressly incorporate the law of enablement under 35 U.S.C. § 112 and of utility under 35 U.S.C. § 101 into the on-sale bar, thus providing a well-known body of law to promote predictability. Procedurally, the courts should establish a hierarchy of evidence, similar to the approach used in claim construction, that considers certain, more readily available information as the most pertinent while eschewing the use of expert testimony and other litigation based evidence. Second, for the obviousness version of the on-sale …
Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller
Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller
Library Staff Publications
No abstract provided.
The Public Choice Of Choice Of Law In Software Transactions: Jurisdictional Competition And The Dim Prospects For Uniformity, Edward J. Janger
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.
The Emerging Law Of The Digital Domain And The Contract/Ip Interface: An Antipodean Perspective, Samuel K. Murumba
The Emerging Law Of The Digital Domain And The Contract/Ip Interface: An Antipodean Perspective, Samuel K. Murumba
Faculty Scholarship
No abstract provided.
Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala
Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala
McGeorge School of Law Scholarly Articles
No abstract provided.
Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg
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.
Copyright In The Context Of Intellectual Property: A Survey Of Canadian University Policies, Margaret Ann Wilkinson
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 in …
Whither Industrial Design, Margaret Ann Wilkinson, Amy Muhlstein
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 …
The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar
The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar
LLM Theses and Essays
The purpose of the present thesis is to let French lawyers know which step they need to take in order to best assist their client in securing a more solid investment. Lenders want to be protected. Lenders want to be sure that they can use the intellectual property rights in a commercial environment free from superior claims by third parties. In other words, a lender who provides a large loan to a borrower wants to know how and where its security interest will be perfected and what is the best way for him to have priority over other claims. This …
Vol. Ix, Tab 47 - Ex. 1 - Document "Our Collar - Rosetta Stone New Brand", Dawn Mcavoy
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?
Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford
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. …
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
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 implicitly preempt …
Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence M. Sung
Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
Collegiality And Collaboration In The Age Of Exclusivity, Lawrence M. Sung
Collegiality And Collaboration In The Age Of Exclusivity, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
The Paradoxes Of Free Software, Stephen M. Mcjohn
The Paradoxes Of Free Software, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This paper describes the legal structure of open source software and analyzes the likely issues to arise. A combination of copyright law and trademark law serves to permit the free distribution of open source software. The software is kept under copyright, but freely licensed under one of various open source licenses. The legal structure of open source is an elegant and robust use of intellectual property law that turns the customary use of intellectual property on its head, by using intellectual property laws, which normally are used to guard exclusive rights, to safeguard free access to and use of software. …
Ucita Enacted In Virginia, Sarah K. Wiant
Splicing Morality And Patent Law: Issues Arising From Mixing Mice And Men,, Cynthia M. Ho
Splicing Morality And Patent Law: Issues Arising From Mixing Mice And Men,, Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.