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Full-Text Articles in Intellectual Property Law
The Inconsistency Between Section 301 And Trips: Counterproductive With Respect To The Future Of International Protection Of Intellectual Property Rights?, Lina M. Monten
Marquette Intellectual Property Law Review
This comment examines the inconsistency between continued international efforts to ensure uniform protection of intellectual property rights, most recently via the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), on the one hand; and the use of unilateral measures by the United States, specifically Section 301 of the Trade Act, to ensure greater protection for United States' intellectual property rights, on the other. This comment first discusses the historical development of international protection of intellectual property rights, specifically focusing on the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Property, …
Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
Marquette Intellectual Property Law Review
This paper argues that it is time to replace the existing set of copyright rights by focusing on its true policy objectives. The paper identifies what is wrong with extant norms and spotlights the apparent chasm between the policy objectives and the norms. The paper proposes a new international copyright norm based on the Berne Convention's three-step test, in harmony with the U.S. fair use doctrine. The author suggests that fair use reflects an appropriate set of criteria to balance the rights of copyright holders and the needs and interests of users, which could serve as a basis to build …
The Architectural Works Copyright Protection Act: Much Ado About Something?, Antoinette Vacca
The Architectural Works Copyright Protection Act: Much Ado About Something?, Antoinette Vacca
Marquette Intellectual Property Law Review
The AWCPA has been in effect for thirteen years, enough time for an evaluation of its effect on those who have been working within its framework. Has the Architectural Works Copyright Protection Act of 1990 (AWCPA) met the public's interests by encouraging original and innovative design? U.S. intellectual property laws are founded on balancing benefit to the public with reward and incentive to the author, while the standards of protection under the Berne Convention are grounded in the principle that copyright is a natural right of the author. The AWCPA of 1990 adopted the Berne Standard of according protection to …