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2007

Chicago-Kent College of Law

Intellectual property

Articles 1 - 7 of 7

Full-Text Articles in Law

"Open Source" And Private Ordering: A Commentary On Dusollier, Arti K. Rai Jun 2007

"Open Source" And Private Ordering: A Commentary On Dusollier, Arti K. Rai

Chicago-Kent Law Review

No abstract provided.


Policy-Making Dynamics In Intergovernmental Organizations: A Comment On The Remarks Of Geoffrey Yu, Coenraad Visser Jun 2007

Policy-Making Dynamics In Intergovernmental Organizations: A Comment On The Remarks Of Geoffrey Yu, Coenraad Visser

Chicago-Kent Law Review

No abstract provided.


The Demise And Rebirth Of Plant Variety Protection: A Comment On Technological Change And The Design Of Plant Variety Protection Regimes, Laurence R. Helfer Jun 2007

The Demise And Rebirth Of Plant Variety Protection: A Comment On Technological Change And The Design Of Plant Variety Protection Regimes, Laurence R. Helfer

Chicago-Kent Law Review

No abstract provided.


Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith Jun 2007

Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith

Chicago-Kent Law Review

In this paper, we examine the potential for plant variety protection ("PVP") regimes—that is, sui generis, industry-specific intellectual property regimes—to become compromised as a result of technological change. In particular, we analyze the shift in plant breeding from phenotypic selection to genotypic selection, and consider the impact of that shift on existing plant variety protection. We also lay out an alternative structure for plant intellectual property protection based on unfair competition, a model that differs radically in some respects from current PVP schemes. We offer our model as a starting point for debate on adaptations that might improve PVP …


The Role Of International Ngos In The Intellectual Property Policy-Making And Norm-Setting Activities Of Multilateral Institutions, Duncan Matthews Jun 2007

The Role Of International Ngos In The Intellectual Property Policy-Making And Norm-Setting Activities Of Multilateral Institutions, Duncan Matthews

Chicago-Kent Law Review

International NGOs play a significant role in relation to intellectual property policy-making and norm-setting in the following multilateral institutions: the World Trade Organization ("WTO"); the World Intellectual Property Organization ("WIPO"); the World Health Organization ("WHO"); the Convention on Biological Diversity Conference of the Party ("CBD-COP"); and the Food and Agriculture Organization ("FAO') of the United Nations. International NGOs enhance the capacity of developing country delegates to multilateral institutions to negotiate on intellectual property issues. Although there are limits to the relationship between developing country delegates and international NGOs, relative to the resources available, international NGOs have had a considerable impact, …


Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier Jun 2007

Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier

Chicago-Kent Law Review

Private ordering mechanisms, such as contracts or technological measures, have increasingly been used to shift the balance between exclusive property and free access to intellectual creation embedded in all IP regimes. Most surprising is the use of private ordering mechanisms, mainly licensing schemes. This article aims at assessing the nature of norm-making operated by open-access initiatives, as well as its normative sustainability as a project to enlarge the public domain within intellectual property. My conclusion is that public ordering still has a crucial role to play to moderate the expansion of intellectual property and to ensure that intellectual creations remain …


The Structure And Process Of Negotiations At The World Intellectual Property Organization, Geoffrey Yu Jun 2007

The Structure And Process Of Negotiations At The World Intellectual Property Organization, Geoffrey Yu

Chicago-Kent Law Review

On October 13, 2006, the Deputy Director General of the World Intellectual Property Organization, Geoffrey Yu, spoke at the Chicago-Kent Symposium Intellectual Property, Trade and Development: Reconciling and Accommodating Different National Levels of Protection. Included here is a transcript of his remarks, which outlined the organizational structure of the Organization and the management and process of international discussions within the Organization.