Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Selected Works

Law and Society

Articles 1 - 4 of 4

Full-Text Articles in Intellectual Property Law

Can Dna Be Speech?, Jorge R. Roig Dec 2015

Can Dna Be Speech?, Jorge R. Roig

Jorge R Roig

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.
In this article we discuss myriad current and developing ways in which …


Prerogative, Nationalized: The Social Formation Of Intellectual Property, Laura R. Ford Feb 2015

Prerogative, Nationalized: The Social Formation Of Intellectual Property, Laura R. Ford

Laura R Ford

In this article, I offer a “social formation story” (Hirschman & Reed) of the emergence of intellectual property, as a new type of legal property in England. I treat the history of patents and copyrights together, and focus especially on the Constitutional transformations of the Sixteenth and Seventeenth Centuries that enabled this new, “intellectual” form of property to finally emerge in the Eighteenth Century. I open and conclude with the cases of Millar v. Taylor (King’s Bench 1769) and Donaldson v. Becket (House of Lords 1774), viewing these as the first cases in which the status of this new type …


The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson Jan 2014

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …


Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown Jul 2013

Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown

Ashley R Brown

No abstract provided.