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2004

Selected Works

Graeme B. Dinwoodie

Articles 1 - 7 of 7

Full-Text Articles in Law

The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme Dinwoodie Jan 2004

The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme Dinwoodie

Graeme B. Dinwoodie

International intellectual property norms are now being developed by a wide range of institutions - some national, some international, and some that do not fit neatly into either category; by bodies designed to address intellectual property; by trade and other bodies; and by actors public, private, and indeterminate. This new wave of international norm creation not only augments a growing body of substantive norms but also raises difficult structural questions about the future development of the international intellectual property system. This essay, a lecture delivered to the Annual Meeting of the American Society of International Law in 2004, is being …


Trademarks And Territory: Detaching Trademark Law From The Nation-State, Graeme B. Dinwoodie Jan 2004

Trademarks And Territory: Detaching Trademark Law From The Nation-State, Graeme B. Dinwoodie

Graeme B. Dinwoodie

It is an axiomatic principle of domestic and international trademark law that trademarks and trademark law are territorial. This paper critiques the principle of territoriality in four ways. First, I suggest that statements about trademark territoriality mask a variety of related propositions. In disaggregating the "principle of territoriality" into its component parts, it becomes apparent that different rules of trademark law possess a territorial character for different reasons. For example, common law trademark rights are territorial because the intrinsic purpose of trademark law suggests extending (and limiting) rights to the geographic reach of goodwill. In contrast, registration systems designed to …


International Intellectual Property Law And The Public Domain Of Science (With R. Dreyfuss), Graeme B. Dinwoodie Dec 2003

International Intellectual Property Law And The Public Domain Of Science (With R. Dreyfuss), Graeme B. Dinwoodie

Graeme B. Dinwoodie

The TRIPS Agreement can be read to reflect a static view of the structure of intellectual property law. In this paper, we address wither - and how - the TRIPS Agreement can, on the other hand, be read with more fluidity, and thus to allow adjustments in national intellectual property regimes designed to reflect the the dynamic nature of information production. To focus that inquiry, we concentrate on efforts to ensure a broader public domain for 'upstream' inventions by modifying various elements of US patent law. The paper considers three stylized examples and asks whether each approach could be adopted …


The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture On Intellectual Property Law: The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie Dec 2003

The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture On Intellectual Property Law: The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie

Graeme B. Dinwoodie

No abstract provided.


Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie Dec 2003

Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie

Graeme B. Dinwoodie

International copyright law must be based on an assessment of what types and levels of protection best further the purposes of copyright law. But constructing the international copyright regime is difficult as the international system must wrestle with copyright dilemmas that exist at the national level as well as broader challenges facing international law. This paper delineates the connection between international copyright law and the generation and distribution of knowledge by discussing two recent examples of (possible) unconventional international copyright rulemaking, namely, norms generated by Internet Service Providers in responding to infringement claims, and norms arising out of digital rights …


Trips And The Dynamics Of Intellectual Property Lawmaking (With R. Dreyfuss), Graeme B. Dinwoodie Dec 2003

Trips And The Dynamics Of Intellectual Property Lawmaking (With R. Dreyfuss), Graeme B. Dinwoodie

Graeme B. Dinwoodie

In prior work, we took up the question of the TRIPs Agreement's resilience to changes in domestic law. We argued that such resilience is necessary because information production is a dynamic enterprise. As new industries emerge and mature, nations must have the flexibility to modify their intellectual property rules to readjust the balance between public and private rights. In the course of that study, we examined approaches to TRIPs dispute resolution that could cabin the choices of legislation available to deal with emergent substantive problems, and which could distort the legal environment in which creative enterprises are conducted. In this …


Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie Dec 2003

Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie

Graeme B. Dinwoodie

International copyright law must be based on an assessment of what types and levels of protection best further the purposes of copyright law. But constructing the international copyright regime is difficult as the international system must wrestle with copyright dilemmas that exist at the national level as well as broader challenges facing international law. This paper delineates the connection between international copyright law and the generation and distribution of knowledge by discussing two recent examples of (possible) unconventional international copyright rulemaking, namely, norms generated by Internet Service Providers in responding to infringement claims, and norms arising out of digital rights …