Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2001

Intellectual Property Law

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 200

Full-Text Articles in Law

Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker Dec 2001

Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker

Duke Law & Technology Review

The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States' scheme of strong patent protection for pharmaceutical products withstand the increased attention?


Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder Dec 2001

Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


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 Dec 2001

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

Boston College Law Review

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.


The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk Dec 2001

The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk

William & Mary Law Review

No abstract provided.


Introduction To Keynote Address, John D. Feerick Dec 2001

Introduction To Keynote Address, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi Dec 2001

The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt Dec 2001

Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi Dec 2001

Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett Dec 2001

Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims Dec 2001

Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Interpreting The Federal Trademark Dilution Act Of 1995: The Logic Of The Actual Dilution Requirement, Jonathan Mermin Dec 2001

Interpreting The Federal Trademark Dilution Act Of 1995: The Logic Of The Actual Dilution Requirement, Jonathan Mermin

Boston College Law Review

The Federal Trademark Dilution Act of 1995 creates a cause of action for trademark dilution. ln contrast to trademark infringement law, which requires a showing of consumer confusion about the source or affiliation of goods and services, dilution law protects the distinctive quality and selling power of the trademark itself, even if consumers are not confused. The Fourth Circuit Court of Appeals, emphasizing the statute's requirement that the defendant's trademark "causes dilution" of the distinctive quality of an established trademark, has required evidence of an actual diminution of the established trademark's selling power. The Second Circuit Court ...


Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner Dec 2001

Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner

Michigan Law Review

During patent infringement litigation, the Federal Rules of Civil Procedure ("FRCP") and the federal district court's local rules govern the parties' pretrial discovery and motion practice. The U.S. District Court for the Northern District of California has adopted the most comprehensive local rules to date covering pretrial procedures in the patent litigation context. The Northern District of California Patent Local Rules ("Local Rules") may come to have a significant impact throughout the federal courts, as it appears that other jurisdictions and commentators are looking to the Local Rules for guidance. For instance, the American Bar Association Section of ...


Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw Nov 2001

Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw

Duke Law & Technology Review

In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system's filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect their security interests in patents offered as collateral by their debtors.


Musicnet & Pressplay: To Trust Or Antitrust?, Kelly Donohue Nov 2001

Musicnet & Pressplay: To Trust Or Antitrust?, Kelly Donohue

Duke Law & Technology Review

Efforts by leading record labels to fill the void they created by shutting down Napster led several to develop their own subscription online music service. The author of the following iBrief assesses the viability of those services in light of a Justice Department antitrust investigation into the practices of the labels in allegedly quashing smaller distributors and colluding to stifle competition, and considers the ramifications of an antitrust suit for both the major labels and their competitors.


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.”


A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw Oct 2001

A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw

Duke Law & Technology Review

For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. This article examines this long-overdue change in the law and discusses its potential implications.


Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal Oct 2001

Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal

American University Law Review

No abstract provided.


Festo'S Effect On After-Arising Technology And The Doctrine Of Equivalents, Anthony H. Azure Oct 2001

Festo'S Effect On After-Arising Technology And The Doctrine Of Equivalents, Anthony H. Azure

Washington Law Review

In Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the Federal Circuit adopted a strict approach to prosecution history estoppel and thereby limited the availability of the doctrine of equivalents to patentees suing for infringement by after-arising technology. The court held that when a narrowing claim amendment creates prosecution history estoppel, the amended claim element maintains no range of equivalents and therefore the patentee is completely barred from applying the doctrine of equivalents. The court rejected the flexible approach, which allows a scope of equivalents even after a narrowing claim amendment. This Note argues that the Supreme Court should overrule ...


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.


Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis Oct 2001

Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis

Indiana Journal of Global Legal Studies

No abstract provided.


Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps Oct 2001

Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps

Indiana Journal of Global Legal Studies

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.


Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein Oct 2001

Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein

Indiana Law Journal

Addison C. Harris Lecture, November 9,2000.


Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji Oct 2001

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Indiana Journal of Global Legal Studies

No abstract provided.


Enlightening Identity And Copyright, Shubha Ghosh Oct 2001

Enlightening Identity And Copyright, Shubha Ghosh

Buffalo Law Review

No abstract provided.


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.


A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr. Oct 2001

A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.


Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty Sep 2001

Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty

Jay Dougherty

Motion pictures are highly collaborative works. This article reviews fundamental concepts of authorship and joint authorship under copyright law, discusses the numerous creative contributions made to a motion picture, and analyzes what exactly should be protectable authorship in the motion picture context, including with respect to actors' performances. It also briefly considers international law of film authorship, and recommends a legal approach to problems of authorship in motion pictures.


Examining Global Access To Essential Pharmaceuticals In The Face Of Patent Protection Rights: The South African Example, Bess-Carolina Dolmo Sep 2001

Examining Global Access To Essential Pharmaceuticals In The Face Of Patent Protection Rights: The South African Example, Bess-Carolina Dolmo

Buffalo Human Rights Law Review

No abstract provided.


To Issue Or Not To Issue: Analysis Of The Business Method Patent Controvery On The Internet, Greg S. Fine Sep 2001

To Issue Or Not To Issue: Analysis Of The Business Method Patent Controvery On The Internet, Greg S. Fine

Boston College Law Review

The author argues that in time business method patents will promote competition and innovation on the Internet. He begins by tracing the history, goals, and criteria of patent law in general, and then discusses the birth of the BMP, reviews a sample of recently issued BMPs, and summarizes the various arguments that undercut and support the advent of the BMP. After reviewing the arguments against Internet-based BMPs, the author asserts that although various and sometimes random, scholarly criticisms can be placed into three broad classifications: quality, efficiency, and consistency. Balancing these arguments, the author argues that although the consistency arguments ...