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Articles 1 - 30 of 42
Full-Text Articles in Law
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
Touro Law Review
Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …
Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma
Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma
San Diego Law Review
This Article attempts to provide the beginnings of a viable moral justification for recognizing and providing legal protection of intellectual property. The argument follows a line of arguments that is fairly characterized as “inspired” by John Locke’s attempt to justify legal protection of what he took to be a natural, objective, moral right to material property. That is to say, it is Lockean in spirit in the following sense: Locke grounds his argument for original acquisition in the idea that a person is justified in acquiring something from the commons in virtue of an investment he makes of something that …
Managing The Intellectual Property Sprawl, Shubha Ghosh
Managing The Intellectual Property Sprawl, Shubha Ghosh
San Diego Law Review
Professor Merges, despite the centrality of creative persons to his argument, organizes a set of ideas that are conducive to refocusing intellectual property law on users. I present this user-focused argument in this Article through the following five Parts. Part II explains my suggested approach to questions about the design of intellectual property law—an approach based on the new institutional economics and the work of Ronald Coase. Part II also addresses objections to this approach. Part III identifies the user in Professor Merges’s high-level principles grounded in Locke, Kant, and Rawls. Part IV follows this argument with a closer examination …
On Cowbells In Rock Anthems (And Property In Ip): A Review Of Justifying Intellectual Property, Eric R. Claeys
On Cowbells In Rock Anthems (And Property In Ip): A Review Of Justifying Intellectual Property, Eric R. Claeys
San Diego Law Review
I am going to start this Article with two confessions. First, when I was fourteen, my favorite rock song was (Don’t Fear) The Reaper, by Blue Oyster Cult. Second, one of my favorite Saturday Night Live (SNL) sketches is from the 2000 season, “Behind the Music: Blue Oyster Cult.” The sketch is a tribute in memory of Gene Frenkle, the member of Blue Oyster Cult who played the cowbell on (Don’t Fear) The Reaper. The SNL sketch purports to explain how the cowbell made it onto the studio recording. In the sketch, members of the regular SNL cast pretend to …
A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore
A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore
San Diego Law Review
The primary, and perhaps sole, function of government according to Locke was to secure and protect the lives, liberties, and property of individuals who consented, explicitly or tacitly, to a specific political union. The question that I will address in this Article, and one that I took up over fifteen years ago, is: should we consider intellectual works to be the proper subjects of Lockean property claims? My answer then and now is “yes,” with the acknowledgement that such a view may require substantial revisions to Anglo-American systems of intellectual property. I will argue that intellectual property rights are no …
Traditional Knowledge, Cultural Expression, And The Siren’S Call Of Property, Justin Hughes
Traditional Knowledge, Cultural Expression, And The Siren’S Call Of Property, Justin Hughes
San Diego Law Review
Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush
The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush
Intellectual Property Brief
No abstract provided.
Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos
Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos
Intellectual Property Brief
No abstract provided.
Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life, Robert Ellis
Intellectual Property Brief
No abstract provided.
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Indiana Law Journal
It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
IP Theory
No abstract provided.
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Dalhousie Law Journal
African states have, since the colonial encounter, been part of the international regimes on intellectual property rights. Formal accession to various treaties and conventions on intellectual property rights instruments should not be mistaken for actual internalization of the policies, structures and norms required for reaping the promised benefits of participation in such regimes. There is ample evidence showing that most African states do not have the requisite structures for fruitful engagement with international intellectual property rights regimes. Until this anomaly is rectified, African states' engagement with international intellectual property regimes will remain structurally flawed and inimical to the human development …
Taking Nature Back: Why Tax Strategy Law Is Relevant To Gene Patents, Amy E. Sestric
Taking Nature Back: Why Tax Strategy Law Is Relevant To Gene Patents, Amy E. Sestric
Missouri Law Review
On July 29, 2011, the United States Court of Appeals for the Federal Circuit upheld the validity of several controversial patents in Association for Molecular Pathology v. United States Patent and Trademark Office.' The patents, exclusively assigned to Myriad Genetics, Inc. (Myriad), claim two human genes fundamental to understanding, researching, and diagnosing common strains of familial breast and ovarian cancers. Patients expressed concern that Myriad's exclusivity over the two genes made diagnosis excessively expensive and precluded the availability of independent second opinion testing. Although the Supreme Court of the United States vacated and remanded the Federal Circuit's decision, the Federal …
Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation, John C. O'Quinn
Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation, John C. O'Quinn
Pepperdine Law Review
No abstract provided.
In Memoriam: Professor John F. Carroll, Iv, Dana D. Mcdaniel, Jim Gibson, Meredith J. Harbach, W. Wade Berryhill
In Memoriam: Professor John F. Carroll, Iv, Dana D. Mcdaniel, Jim Gibson, Meredith J. Harbach, W. Wade Berryhill
University of Richmond Law Review
No abstract provided.
Oh, The Places You'll Go: The Implications Of Current Patent Law On Embryonic Stem Cell Research, Stacy Kincaid
Oh, The Places You'll Go: The Implications Of Current Patent Law On Embryonic Stem Cell Research, Stacy Kincaid
Pepperdine Law Review
No abstract provided.
The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio
The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio
Intellectual Property Brief
No abstract provided.
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
University of Miami International and Comparative Law Review
No abstract provided.
Costly Intellectual Property, David Fagundes, Jonathan S. Masur
Costly Intellectual Property, David Fagundes, Jonathan S. Masur
Vanderbilt Law Review
Patents and copyrights originate from the same constitutional source of law,1 and for this reason they are in some respects similar. Patent and copyright law alike extend to inventors and authors exclusive rights over the fruits of their intellectual labors, enabling owners to extract value from intangible goods that would otherwise not be profitable. Both systems are premised on a utilitarian bargain, allowing inventors and authors to have socially costly monopoly interests in their inventions and works in order to encourage socially beneficial innovative and artistic production. And patents and copyrights both last only for finite periods, in contrast to …
Echoes From The Past: How The Federal Circuit Continues To Struggle With Patentable Subject Matter Post-Bilski, Jeff Thruston
Echoes From The Past: How The Federal Circuit Continues To Struggle With Patentable Subject Matter Post-Bilski, Jeff Thruston
Missouri Law Review
This Note will examine whether the cases comprising the eligible subject matter trio are inherently inconsistent. In looking at this issue, this Note will ask if Classen Immunotherapies can be reconciled with the patent eligibility trio, or if both the case and Judge Rader's concerns could have been dealt with more effectively by applying 35 U.S.C. § 101 as a last resort, and instead determining patent eligibility via 35 U.S.C. §§ 102, 103, and 112. It is fundamentally more difficult, expensive, and time consuming to ascertain which category of patentable subject matter a claimed invention falls into, or if the …
The Riaa V. The People: The Recording Industry's Misguided Attempt To Use The Legal System To Save Their Business Model, John A. Fedock
The Riaa V. The People: The Recording Industry's Misguided Attempt To Use The Legal System To Save Their Business Model, John A. Fedock
Pepperdine Law Review
No abstract provided.
A Secret In One District Is No Secret In Another: The Cases Of Merrill Lynch And Preliminary Injunctions Under The Faa , Anahit Tagvoryan
A Secret In One District Is No Secret In Another: The Cases Of Merrill Lynch And Preliminary Injunctions Under The Faa , Anahit Tagvoryan
Pepperdine Dispute Resolution Law Journal
Public policy favors protecting intellectual property in arbitration, and both Congress and the courts support, and in fact encourage, arbitration of intellectual property disputes. This support stems from the history of favoritism toward private arbitration agreements and other alternative dispute resolution in lieu of judicial adjudication. Because intellectual property disputes often involve commercial parties transacting business across state lines, arbitration is governed by the Federal Arbitration Act (FAA). Availability of provisional remedies such as injunctions has also proven effective in the area of intellectual property disputes. However, unlike the option and process of private arbitration where there is little to …
Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur
Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur
Sustainable Development Law & Policy
No abstract provided.
The Future Of Free Expression In A Digital Age, Jack M. Balkin
The Future Of Free Expression In A Digital Age, Jack M. Balkin
Pepperdine Law Review
In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles of the future. The most important decisions affecting the future of freedom of speech will not occur in constitutional law; they will be decisions about technological design, legislative and administrative regulations, the formation of new business models, and the collective activities of end-users. Moreover, the values of freedom of expression will become subsumed within a larger set of concerns that I …
Duck, Duck, Bilski: Searching For A Law-Progress Equipoise, Eric Golas Salbert
Duck, Duck, Bilski: Searching For A Law-Progress Equipoise, Eric Golas Salbert
The Journal of Business, Entrepreneurship & the Law
Moore's Law generally asserts that the transistor capacity on a computer processing unit increases exponentially over time. To exemplify, in 1971, Intel's first microprocessor contained 2,300 transistors and was used in simple electronic pocket calculators and by 2007 Intel was manufacturing microprocessors containing 820,000,000 transistors used in personal computers capable of near-instantaneous worldwide communication over the Internet. When the framers of the Constitution drafted the empowering words, “To promote the Progress of Science and useful Arts,” could they foresee such a blistering pace of innovation? Have courts been able to maintain the balance between progress and limited monopolies? The history …
Notorious: The Treatment Of Famous Trademarks In America And How Protection Can Be Ensured, Blake W. Jackson
Notorious: The Treatment Of Famous Trademarks In America And How Protection Can Be Ensured, Blake W. Jackson
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Washington Declaration On Intellectual Property And The Public Interest, The Global Congress On Intellectual Property And The Public Interest
The Washington Declaration On Intellectual Property And The Public Interest, The Global Congress On Intellectual Property And The Public Interest
American University International Law Review
No abstract provided.
Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair
Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair
IP Theory
No abstract provided.
Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn
Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn
American University International Law Review
No abstract provided.