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Full-Text Articles in Law
Purveyance And Power Or Over-Priced Free Lunch: The Intellectual Property Clause As An Ally Of The Takings Clause In The Public’S Control Of Government, Malla Pollack
Malla Pollack
Government can bypass citizen control if it can use revenue not publicly scrutinized through the public taxing/spending system. One method of bypass is paying with non-monetary compensation such as (i) property, or (ii) the right to charge others for some necessary good or service, intangible property. The Takings/Just Compensation Clause of the Fifth Amendment is one authority controlling government's ability to bypass financial scrutiny. In this article, I argue that the Intellectual Property Clause also should be used to control some governmental bypass. I attempt to justify this suggestion both theoretically and historically. The historical material included focuses on English …
Collective Management Of Copyright And Neighbouring Rights In Canada: An International Perspective, Daniel J. Gervais
Collective Management Of Copyright And Neighbouring Rights In Canada: An International Perspective, Daniel J. Gervais
Daniel J Gervais
This document, prepared in 2001, surveys Canadian collectives, compares the Canadian situation to the situation in a number of other countries, including the United States, and proposes three changes to Canadian legislation, including the introduction of extended collective licensing.
Comment, Computer-Aided Drug Design Using Patented Compounds: Infringement In Cyberspace?, Ted L. Field
Comment, Computer-Aided Drug Design Using Patented Compounds: Infringement In Cyberspace?, Ted L. Field
Ted L. Field
No abstract provided.
The Development And Incorporation Of International Norms In The Formation Of Copyright Law, Graeme Dinwoodie
The Development And Incorporation Of International Norms In The Formation Of Copyright Law, Graeme Dinwoodie
Graeme B. Dinwoodie
The means by which international norms are developed and incorporated in the formation of copyright law have changed dramatically in recent years. In this article, Professor Dinwoodie explores the nature of those changes. The classical model of international copyright law afforded countries significant latitude to implement international standards in ways tailored to their own economic and cultural priorities. The lack of an effective method of enforcing international standards consolidated that deference to national autonomy. And international treaties tended merely to codify existing commonly accepted national standards. This model has undergone changes of late, most notably (but not exclusively) in the …
International Intellectual Property Litigation: A Vehicle For Resurgent Comparativist Thought?, Graeme B. Dinwoodie
International Intellectual Property Litigation: A Vehicle For Resurgent Comparativist Thought?, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.