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2006

Intellectual property

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Full-Text Articles in Law

Technology Transfer And An Information View Of Universities: A Conceptual Framework For Academic Freedom, Intellectual Property, Technology Transfer And The University Mission, Patrick L. Jones, Katherine J. Strandburg Nov 2006

Technology Transfer And An Information View Of Universities: A Conceptual Framework For Academic Freedom, Intellectual Property, Technology Transfer And The University Mission, Patrick L. Jones, Katherine J. Strandburg

Katherine J. Strandburg

In this Article, we provide a conceptual framework for technology transfer grounded in the fundamental purposes of a university -- the creation and dissemination of knowledge in the form of information. We describe how technology transfer activities shift the target audience for knowledge dissemination from traditional university target audiences to organizations with a predominantly economic purpose and different social norms. These shifts trigger a need to bridge differing behavioral expectations. Legal contracts and intellectual property rights can play a significant role in structuring relationships in such a non-traditional knowledge dissemination context. We analyze the role of formal technology transfer involving intellectual ...


Bollywood Is Coming! Copyright And Film Industry Issues Regarding International Film Co-Productions Involving India, Timm Neu Nov 2006

Bollywood Is Coming! Copyright And Film Industry Issues Regarding International Film Co-Productions Involving India, Timm Neu

San Diego International Law Journal

These developments and mutual correlating interests underscore the rising trend in the number of international co-productions and cinematographic co-operations with India. Still, the practice of movie making in India differs in many ways from industry structures in the U.S. or Germany, which shall be analyzed as potential co-production partners. Contractual relations, industry regulations, involved parties, and the legal rules are so distinct, that a comparative view from a producer's perspective shall bring into light the frameworks and copyright issues of international film co-productions involving India.


Saving Trade Secret Disclosures On The Internet Through Sequential Preservation, Elizabeth A. Rowe Aug 2006

Saving Trade Secret Disclosures On The Internet Through Sequential Preservation, Elizabeth A. Rowe

ExpressO

When a trade secret is stolen from its owner and posted on the Internet, the default rule is that it becomes a free for all. By virtue of the fact that it has been posted, it becomes public, and consequently loses its trade secret protection. The ensuing result is that independent third parties, including competitors, are entitled to use it, and the trade secret owner, despite years of laudable efforts to maintain the secret, suffers a fatal loss at the hands of a wrongdoer. The apparent injustice in that conclusion does not go unnoticed.

Given that trade secret law is ...


Law And The Science Of Networks: An Overview And An Application To The "Patent Explosion", Katherine J. Strandburg Aug 2006

Law And The Science Of Networks: An Overview And An Application To The "Patent Explosion", Katherine J. Strandburg

ExpressO

The network may be the metaphor of the present era. A network, consisting of “nodes” and “links,” may be a group of individuals linked by friendship; a group of computers linked by network cables; a system of roads or airline flights -- or another of a virtually limitless variety of systems of connected “things.” The past few years have seen an explosion of interest in “network science,” which seeks to move beyond metaphor to analysis in fields from physics to sociology. Network science highlights the role of relationship patterns in determining collective behavior. It underscores and begins to address the difficulty ...


Risk Aversion And Rights Accretion In Intellectual Property Law, James Gibson Aug 2006

Risk Aversion And Rights Accretion In Intellectual Property Law, James Gibson

ExpressO

Intellectual property’s road to hell is paved with good intentions. Because liability is difficult to predict, intellectual property users often seek licenses even when proceeding without one might be permissible. Yet because the existence (vel non) of licensing markets plays a key role in determining the breadth of rights, these seemingly sensible licensing decisions eventually feed back into doctrine; the licensing itself becomes proof that the entitlement covers the use. Over time, then, public privilege recedes and rights expand, moving intellectual property’s ubiquitous gray areas into what used to be virgin territory--where risk aversion again creates licensing markets ...


Towards A Feminist Theory Of The Public Domain, Or The Gendered Scope Of United States’ Copyrightable And Patentable Subject Matter, Malla Pollack Aug 2006

Towards A Feminist Theory Of The Public Domain, Or The Gendered Scope Of United States’ Copyrightable And Patentable Subject Matter, Malla Pollack

Malla Pollack

Feminism does not speak with a single voice. Each voice tells a different story. These stories include attacks on the gendered scope of United States copyrightable and patentable subject matter. The first wave of feminism, liberal feminism, argued that women were as rational and competent as men. It complained about the objective exclusion of women from opportunity. This feminist view might applaud the expansion of copyright and the greater ease of its availability (due to the end of formalities pursuant to the Berne Implementation Act). Liberal feminism, however, finds unacceptable copyright’s exclusion of traditional women’s work: food and ...


The (Intellectual Property Law &) Economics Of Innocent Fraud: The Ip & Development Debate, Peter Matthew Beattie Jun 2006

The (Intellectual Property Law &) Economics Of Innocent Fraud: The Ip & Development Debate, Peter Matthew Beattie

ExpressO

This note/essay examines the evidence on the effect of stronger IP laws introduced during the process of international IP law harmonization initiated by the TRIPS agreement, on the economic development of developing countries. It has been argued by proponents of harmonization that stronger IP laws will provide a needed boost to the economic development of developing (and even least-developed) countries. Critics of harmonization have argued that stronger IP laws will have the opposite effect. What has been largely overlooked in this debate is the strength of the evidentiary foundation upon which the arguments of both sides depend. Many of ...


Giving Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine Jun 2006

Giving Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine

Faculty Publications

The interdisciplinarity of intellectual property and taxation poses many challenges to the disparate existing norms in each field of law. This Article identifies and critiques the current tax regime governing the giving of intellectual property as a manifestation of the failure to understand the principles and policies underlying intellectual property and the firm. It proposes an incentives-based system that would encourage firms to extricate part of their repository of residual rights by surrendering their monopolistic ownership of intellectual property for the benefit of charitable organizations and, in turn, the development and growth of society.


Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan Jun 2006

Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Does Information Beget Information?, Dennis S. Karjala May 2006

Does Information Beget Information?, Dennis S. Karjala

ExpressO

Professor R. Polk Wagner has recently propounded a theory in the Columbia Law Review, purportedly based on a mathematical model, showing that open information grows exponentially with time and that, to the extent that creator control and incentives are correlated, greater control in the creator (author or inventor) results in a larger supply of open information in the long run than less control. While Professor Wagner’s assumptions are open to serious question, this article demonstrates that Professor Wagner’s model does not, even on the basis of his stated assumptions, lead to the result he claims for it. Rather ...


The Right Of Publicity: Recovering Stolen Identities Under International Law, Emily Grant May 2006

The Right Of Publicity: Recovering Stolen Identities Under International Law, Emily Grant

San Diego International Law Journal

This Article proceeds from the assumption that the claims just hypothesized ought to be universally recognized to entitle a celebrity to an action for infringement of his or her right of publicity. It surveys the possibilities for protection of the right of publicity under current international intellectual property law. First, it briefly describes the American right of publicity doctrine as well as the policy shortcomings of the American doctrine and points out the lack of explicit protection for the right in other countries. It next explores the foundations of the right of publicity through a triptych of doctrines - including trademark ...


Trips: With A Painful Birth, Uncertain Health, And A Host Of Issues In China, Where Lies Its Future, Allan Segal May 2006

Trips: With A Painful Birth, Uncertain Health, And A Host Of Issues In China, Where Lies Its Future, Allan Segal

San Diego International Law Journal

In recent decades, the United States and other western nations have used pragmatic and theoretical reasons to justify a strong, global intellectual property ("IP") regime. From a practical perspective, economically mature nations clearly have a direct, vested interest in preventing the piracy of patented goods and ensuring that their domestic agendas maximize financial protection for inventions or creations. Nevertheless, the supranational disregard of patent protection and IP piracy has a financial impact on numerous companies, as well as the taxpaying citizens, in developed countries. These disparate foundations for basic IP rights result in a haphazard theoretical grounding to the Agreement ...


I Know You Are, But What Am I? A Temporal Approach To Legal Classification, Wendy A. Adams Apr 2006

I Know You Are, But What Am I? A Temporal Approach To Legal Classification, Wendy A. Adams

ExpressO

No real epistemological disagreement exists that legal knowledge can be represented and understood in categorical form. At issue is the extent to which categorical analysis captures the full complexity of legal reasoning. Can legal reasoning be represented as a taxonomy of mutually-exclusive classes, a taxonomy considered necessary if legal certainty and the rule of law are to prevail, or does the complexity of the process defy attempts at exhaustive classification?

The author agrees with those who argue that multiple legal concepts must often be applied simultaneously to resolve legal problems. The author also acknowledges that simultaneous application of multiple concepts ...


Evaluate Patentability Of Your Invention, Umakant Mishra Apr 2006

Evaluate Patentability Of Your Invention, Umakant Mishra

Umakant Mishra

The patent system is designed to encourage inventions that are useful to society by granting inventors absolute right to make profit from their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. But patents cannot protect each and every person who conceives an invention. While there are some common criteria of accepting an invention for patenting, the laws of patenting differ from country to country to some extent. The concept of patentability is also very vague in some instances of the legal system. Hence it is important to check the patentability of your invention in ...


On The Need To Expand Article 23 Of The Trips Agreement, Aaron C. Lang Apr 2006

On The Need To Expand Article 23 Of The Trips Agreement, Aaron C. Lang

Duke Journal of Comparative & International Law

No abstract provided.


The Role Of Patents In Fostering Open Innovation, John Dubiansky Mar 2006

The Role Of Patents In Fostering Open Innovation, John Dubiansky

ExpressO

The patent system is at an inherent tension with contemporary practices of innovation. American patent doctrine reveres the lone inventor who, through the marshalling of extraordinary insight and experimental toil, conceives a novel invention. As a reward, the inventor is given the right to profit from his contribution through personal commercial exploitation. While this perspective may have reflected the practice of the mechanical arts at the time of the nation’s founding, it no longer reflects contemporary industrial research and development, where innovation is an increasingly networked process.

This disconnect is evidenced by the fact that contemporary patent doctrine has ...


Who Cares What Thomas Jefferson Thought About Patents: Reevaluating The Patent "Privilege" In Historical Context, Adam Mossoff Mar 2006

Who Cares What Thomas Jefferson Thought About Patents: Reevaluating The Patent "Privilege" In Historical Context, Adam Mossoff

ExpressO

The conventional wisdom holds that American patents have always been grants of special monopoly privileges lacking any justification in natural rights philosophy, a belief based in oft-repeated citations to Thomas Jefferson's writings on patents. Using privilege as a fulcrum in its analysis, this Article reveals that the history of early American patent law has been widely misunderstood and misused. In canvassing primary historical sources, including political and legal treatises, Founders' writings, congressional reports, and long-forgotten court decisions, it explains how patent rights were defined and enforced under the social contract doctrine and labor theory of property of natural rights ...


Patentability Criteria In Different Countries, Umakant Mishra Mar 2006

Patentability Criteria In Different Countries, Umakant Mishra

Umakant Mishra

The patent system is designed to attract inventors to disclose and protect their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. However, the invention must fulfill certain criteria to be patentable. Hence, patentability assessment is extremely important before filing a patent application. Although there are some commonalities in the criteria of patentability there are some differences from country to country depending on the law of the land. In many cases the criteria are very vague and the patent application may be rejected for several unforeseen reasons. A proper patentability assessment helps the inventors assessing ...


Third Party Copyright After Grokster, Alfred C. Yen Feb 2006

Third Party Copyright After Grokster, Alfred C. Yen

Boston College Law School Faculty Papers

This Article studies the construction of third party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third party copyright liability has become a controversial area of law that affects the viability of entire industries. Unfortunately, the law governing third party copyright liability is unclear. Grokster involved a claim of third party liability against defendants whose technology supported the sharing of music over the Internet, and it represents the Supreme Court’s attempt to bring coherence to the relevant law. Grokster is a difficult case to understand. It added a ...


Intellectual Property Research: From The Dustiest Law Book To The Most Far Off Database, Jon R. Cavicchi Jan 2006

Intellectual Property Research: From The Dustiest Law Book To The Most Far Off Database, Jon R. Cavicchi

Law Faculty Scholarship

This issue of IDEA introduces a regular series of articles on intellectual property research tools and strategies based on my experience for over a decade as Intellectual Property Librarian and Research Professor at Franklin Pierce Law Center. Pierce Law is consistently ranked among the top law schools training IP professionals. I have taught IP legal research, patent, trademark and copyright searching to hundreds of students and IP professionals in Pierce Law Graduate Programs. I have tackled hundreds of reference and research questions as well as working on countless projects requiring IP information. So I have been faced with challenges and ...


Risk Mitigation Strategies In Offshore Business Process Outsourcing, Sonia Baldia Jan 2006

Risk Mitigation Strategies In Offshore Business Process Outsourcing, Sonia Baldia

Sonia Baldia

No abstract provided.


Intellectual Property Protection In China: Enforcing Trademark Rights, Anne M. Wall Jan 2006

Intellectual Property Protection In China: Enforcing Trademark Rights, Anne M. Wall

Marquette Sports Law Review

No abstract provided.


Toward An Ecology Of Intellectual Property: Lessons From Environmental Economics For Valuing Copyright's Commons, Frank Pasquale Jan 2006

Toward An Ecology Of Intellectual Property: Lessons From Environmental Economics For Valuing Copyright's Commons, Frank Pasquale

Faculty Scholarship

The fair use defense in copyright law shields an intellectual commons of protected uses of copyrighted material from infringement actions. In determining whether a given use is fair, courts must assess the new use's potential effect on the market for the copyrighted work. Fair use jurisprudence too often fails to address the complementary, network, and long-range effects of new technologies on the market for copyrighted works. These effects parallel the indirect, direct, and option values of biodiversity recently recognized by environmental economists. Their sophisticated methods for valuing natural resources in tangible commons can inform legal efforts to address the ...


Rankings, Reductionism, And Responsibility, Frank Pasquale Jan 2006

Rankings, Reductionism, And Responsibility, Frank Pasquale

Faculty Scholarship

After discussing how search engines operate, and sketching a normative basis for regulation of the rankings they generate, this piece proposes some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted (but high-ranking) results relating to them, or exclusion from high-ranking results they claim they are due to appear on. In the first case (deemed inclusion harm), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, which would lead to the complainant's own comment ...


Intellectual Property: Trade Secrets And The Federal Tort Claims Act/Dd Form 882 Over Substance: Caveat Forfeiture, Katherine E. White Jan 2006

Intellectual Property: Trade Secrets And The Federal Tort Claims Act/Dd Form 882 Over Substance: Caveat Forfeiture, Katherine E. White

Law Faculty Research Publications

No abstract provided.


The Rehnquist Court And The Groundwork For Greater First Amendment Scrutiny Of Intellectual Property, Mark P. Mckenna Jan 2006

The Rehnquist Court And The Groundwork For Greater First Amendment Scrutiny Of Intellectual Property, Mark P. Mckenna

Washington University Journal of Law & Policy

In the last few years, many pages have been devoted to retrospectives on Justice Rehnquist and the Rehnquist Court, a fair number of which focused on Justice Rehnquist’s First Amendment jurisprudence. I focus here not on Justice Rehnquist specifically, but on the Supreme Court as a whole during Rehnquist’s tenure. Specifically, I want to address the Court’s view of the role of the First Amendment in intellectual property cases. My thesis is a modest one: while one certainly cannot describe the Rehnquist Court as eager to find a conflict between intellectual property laws and the First Amendment ...


Digital Copyright, Jessica D. Litman Jan 2006

Digital Copyright, Jessica D. Litman

Books

In 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.

In this book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of ...


Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers Jan 2006

Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen Jan 2006

Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Trademark Dilution In Japan, Kenneth L. Port Jan 2006

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.