Comparative and Foreign Law Commons^™

Marching To The Beat Of The Eu's Drum: Refining The Collective Management Of Music Rights In The United States To Facilitate The Growth Of Interactive Streaming, Gary W. Hunt Iii

Indiana Journal of Global Legal Studies

In the digital era, interactive streaming is now the preferred method for music consumers to access their favorite albums and songs. The traditional copyright system used to administer music rights and royalties has not evolved accordingly, which not only impedes progress by music platform innovators, but also frustrates artist, labels, and composers who are unable to reap the benefits of their music rights. This Note examines the complex process interactive streaming services undergo to obtain the rights necessary to stream music through their platforms, which involves a discussion of collective rights organizations. This Note then argues that the European Directive …

Two Comparative Perspectives On Copyright's Past And Future In The Digital Age, Timothy K. Armstrong

Faculty Articles and Other Publications

A review of two recent scholarly books on digital copyright law: The Copyright Wars: Three Centuries of Trans-Atlantic Battle by Peter Baldwin (Princeton, 2014), and Copyfight: The Global Politics of Digital Copyright Reform by Blayne Haggart (Univ. of Toronto, 2014). Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, at times each book reads as a critique of the other.

Baldwin's The Copyright Wars argues that modern debates over …

Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman

Georgia Journal of International & Comparative Law

No abstract provided.

Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton

Indiana Journal of Law and Social Equality

No abstract provided.

Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne

PhD Dissertations

The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what …

Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan

San Diego International Law Journal

The pathways that lead to the success of cutting-edge technologies are often fraught with risk, difficulty, and uncertainty. These issues are particularly prevalent under a regime involving lengthy time horizons for competent research, development, and commercialization, which may require regulatory approvals. These challenges are known to be endemic to capital-intensive technology development which requires significant follow-on funding, particularly in highly regulated industries such as life sciences (e.g., pharmaceuticals/biotechnology and electronic medical devices ) and clean technology (which may be subdivided into clean or renewable energy generation and clean or renewable energy efficiency technologies and services, the former having more direct …

Of Oceans, Islands, And Inland Water – How Much Room For Exceptions And Limitations Under The Three-Step Test?, Annette Kur

Richmond Journal of Global Law & Business

No abstract provided.

Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson

Richmond Journal of Global Law & Business

An oft-asserted prediction states that only trademarks that stimulate all five senses with the objective of attracting the consumer’s attention will acquire a firm and durable presence in today’s complex marketplaces. This, in turn, has provoked the broadening of the repertoire of signs and symbols potentially eligible to serve as trademarks for products or services. Vivid examples of these are the sounds, scents, flavors, colors and three-dimensional forms, which collectively, are grouped under the generic category of “non-traditional trademarks.

The New Chinese Dynasty: How The United States And International Intellectual Property Laws Are Failing To Protect Consumers And Investors From Counterfeiting, Anna-Liisa Jacobsen

Richmond Journal of Global Law & Business

As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …

Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah

Richmond Journal of Global Law & Business

No abstract provided.

International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff

Richmond Journal of Global Law & Business

Globalization of the world has forced the evolution of international norms. Never before has the world been able to communicate so quickly across borders. Instantaneous global communication-the ability to send and receive not just e-mail messages, but documents, videos, and software-enables this instant communication.