Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Copyright Law (3)
- Intellectual Property (3)
- Copyright (2)
- Patent Law (2)
- Biotechnology Industries (1)
-
- China (1)
- Compiled Works (1)
- Data Processing (1)
- Databases (1)
- E-Books (1)
- Equivalents Doctrine (1)
- Ethics (1)
- Facts (1)
- Federalism (1)
- Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (535 U.S. 722 (2002)) (1)
- Freedom of Speech (1)
- Freedom of the Press (1)
- Greenberg v. National Geographic Society (1)
- Inc. v. R.E. Service (1)
- International Negotiations (1)
- International Trade (1)
- Johnson & Johnson Associates (1)
- New York Times Co. v. Tasini (533 U.S. 483 (2001)) (1)
- Philosophy (1)
- Presumptions (1)
- Publishing Industry (1)
- United States (1)
- W&M Faculty Popular Media (1)
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley
Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley
William & Mary Law Review
This Article explores the U.S. "patent first, ask questions later" approach to determining what subject matter should receive patent protection. Under this approach, the US. Patent and Trademark Office (USPTO or the Agency) issues patents on "anything under the sun made by man," and to the extent a patent's subject matter is sufficiently controversial, Congress acts retrospectively in assessing whether patents should issue on such inventions. This practice has important ramifications for morally controversial biotechnology patents specifically, and for American society generally. For many years ajudicially created "moral utility" doctrine served as a type of gatekeeper of patent subject matter …
Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor
William & Mary Law Review
No abstract provided.
Copyrighting Facts, Michael S. Green
To Whom Does A New Use Belong?: An Analysis Of The New Use Doctrine And The Protection It Affords After Random House V. Rosettabooks, Megan M. Gillespie
To Whom Does A New Use Belong?: An Analysis Of The New Use Doctrine And The Protection It Affords After Random House V. Rosettabooks, Megan M. Gillespie
William & Mary Bill of Rights Journal
The decision in Random House v. RosettaBooks has the potential to transform the publishing industry and the licensing agreements so commonly relied upon. Courts have attempted to reconcile application of the new use doctrine for decades, and yet with every conceived new use there is another interpretation of the rules of the copyright game. In this Note, the author examines the Random House decision in light of the New Use Doctrine and proposes contract-based solutions to new use issues that may avoid the uncertainty of the doctrine as it currently stands.
"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller
"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller
Library Staff Publications
No abstract provided.
Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius
Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius
Faculty Publications
Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Faculty Publications
No abstract provided.