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Full-Text Articles in Law
The Protection Of Databases, Daniel J. Gervais
The Protection Of Databases, Daniel J. Gervais
Chicago-Kent Law Review
In Parts I and II of this Paper, the author analyzes the legal protection of databases first in international treaties, in particular the Berne Convention and the WTO TRIPS Agreement, and second under national and regional copyright, sui generis, or other (e.g., tort) law in Europe (both the European Directive on the legal protection of databases of 1996, which was under review, and a number of relevant national laws), the United States, and a number of foreign jurisdictions (Australia, Canada, China, Nigeria, Russia, and Singapore). In Part III, the author provides a critical analysis of the effort to expand the …
Quibbling Siblings: Conflicts Between Trademarks And Geographical Indications, Dev Gangjee
Quibbling Siblings: Conflicts Between Trademarks And Geographical Indications, Dev Gangjee
Chicago-Kent Law Review
The relationship between trademarks and geographical indications ("GIs") has historically been tempestuous. Each of these quibbling siblings, members of the broader family of unfair competition law, entitles registrants to the exclusive use of a sign. So what happens when a GI collective and a trademark proprietor lay claim to the same sign within a single jurisdiction? As part of the renewed interest in TRIPs flexibilities and attempts at accommodating or reconciling differences between national laws, this paper explores a newly emerging space that may just be big enough for the both of them. The analysis draws on a recent World …
123 Years At The Negotiating Table And Still No Dessert? The Case In Support Of Trips Geographical Indication Protections, Amy P. Cotton
123 Years At The Negotiating Table And Still No Dessert? The Case In Support Of Trips Geographical Indication Protections, Amy P. Cotton
Chicago-Kent Law Review
No abstract provided.
Quibbling Siblings—Comments To Dev Gangjee's Presentation, Annette Kur
Quibbling Siblings—Comments To Dev Gangjee's Presentation, Annette Kur
Chicago-Kent Law Review
No abstract provided.
The International Intellectual Property Roots Of Geographical Indications, Ruth L. Okedui
The International Intellectual Property Roots Of Geographical Indications, Ruth L. Okedui
Chicago-Kent Law Review
No abstract provided.
A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho
A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho
Chicago-Kent Law Review
Can patent rights and public health coexist? This is a pressing global question in an era where the AIDS pandemic rages in countries that cannot afford to pay for the most effective—and patent-protected—AIDS treatment. Even in countries with higher levels of income, patent problems may nonetheless loom large in unanticipated situations that could turn deadly without access to patented drugs, such as the 2001 anthrax "crisis" or the potential avian flu epidemic. This article provides an important perspective on how international laws currently impact the intersection between patent rights and public health. This article begins with an explanation of patent …