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Full-Text Articles in Law
The Democratic Public Domain: Reconnecting The Modern First Amendment And The Original Progress Clause (A.K.A. Copyright And Patent Clause), Malla Pollack
Malla Pollack
Empirical investigation of public usage of the word "progress" in the United States of 1789 demonstrates that the word meant "dissemination." The original meaning of art. I, sec. 8, cl. 8, therefore, is that Congress has the right to grant only such temporally limited exclusive rights in writings and new technology as encourage the dissemination of knowledge and new technology to the population. This article explains the major differences between current United States positive intellectual property law and the logical dictates of this original constitutional meaning. Additionally, the article asserts that the original meaning of clause 8 supports modern calls …
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
Michael J. Madison
No abstract provided.
The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme Dinwoodie
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
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 …
Protecting And Transferring Biotech Inventions, Hans Henrik Lidgard
Protecting And Transferring Biotech Inventions, Hans Henrik Lidgard
Hans Henrik Lidgard
No abstract provided.
International Intellectual Property Law And The Public Domain Of Science (With R. Dreyfuss), Graeme B. Dinwoodie
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 …
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture On Intellectual Property Law: The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
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.
Trips And The Dynamics Of Intellectual Property Lawmaking (With R. Dreyfuss), Graeme B. Dinwoodie
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 …