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Articles 1 - 12 of 12
Full-Text Articles in Law
Copyrighting Facts, Michael S. Green
Principios Del Derecho De Marcas En La Comunidad Europea, Juan Carlos Riofrío Martínez-Villalba
Principios Del Derecho De Marcas En La Comunidad Europea, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
"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.
Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley
Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley
Faculty Articles
This Article begins with an overview of the relationship between the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement") and the HIV/AIDS pandemic which created the need for the Doha Declaration. It then discusses two trade-related movements, unilateral action and TRIPS-plus bilateral agreements, that call into question the long-term effectiveness of the TRIPS Agreement process, generally, and the benefits of the Doha Declaration, in particular, in addressing multiple facets of the access to essential medicines problem. This Article concludes that a consideration of these issues should be included in the development of any further TRIPS-related solutions to …
Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye
Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg
Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg
Fordham Law Review
No abstract provided.
The Value Of Giving Away Secrets, Oren Bar-Gill, Gideon Parchomovsky
The Value Of Giving Away Secrets, Oren Bar-Gill, Gideon Parchomovsky
All Faculty Scholarship
This Essay demonstrates the strategic advantage of narrow patents and unprotected publication of R&D output. Broad patents might stifle follow-on improvements by deterring potential cumulative innovators, who fear being held up by the initial inventor at the ex post licensing stage. By opting for a narrower patent and unprotected publication, the initial patent holder commits not to hold up follow-on inventors, thus promoting sequential innovation and generating lucrative licensing fees. Counterintuitively, in cumulative innovation settings, less protection benefits the patentee. This finding may serve as a counter-force to the much-lamented "anti-commons" problem. More generally, our theory demonstrates that the divergence …
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; …
Controlling Opportunistic And Anti-Competitive Intellectual Property Litigation, Michael J. Meurer
Controlling Opportunistic And Anti-Competitive Intellectual Property Litigation, Michael J. Meurer
Faculty Scholarship
It is useful to think of intellectual property (IP) law both as a system of property rights that promotes the production of valuable information and as a system of government regulation that unintentionally promotes socially harmful rent-seeking. This Article analyzes methods of controlling rent-seeking costs associated with opportunistic and anti-competitive IP lawsuits. My thinking is guided to some extent by the analysis of procedural measures for controlling frivolous litigation, and analysis of antitrust reforms designed to control strategic abuse of antitrust law. These analogies lead me to focus on pre-trial and post-trial control measures that reduce the credibility of weak …
Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow
Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow
Ann Bartow
The first half of this Article charts the evolving but eminently ascertainable social norms of the use of analog copyrighted works by individuals, and characterizes these norms as "what is" in real space and "what ought to be" in cyberspace. The Author argues that while "what is" in the analog world may be imperfect, uncertain and unsatisfactory at times, it represents a discernible practical equilibrium upon which copyright holders' ability to control and extract income from their works is balanced against the rights of fair users. Authors, content distributors and users all make decisions within a familiar longstanding copyright framework, …
Principios Del Derecho De Marcas, Juan Carlos Riofrío Martínez-Villalba
Principios Del Derecho De Marcas, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
Ucita, Copyright, And Capture, Deborah S. Tussey
Ucita, Copyright, And Capture, Deborah S. Tussey
Deborah S. Tussey
No abstract provided.