Intellectual Property Law Commons^™

Is Lpo Right For Your Company?, Sonia Baldia

Sonia Baldia

No abstract provided.

The Ec Council Regulation On Evidences And The “Description” Of Goods Infringing Ip Rights, Benedetta Carla Angela Ubertazzi

Benedetta Carla Angela Ubertazzi

No abstract provided.

Presentation: U.S. Licensing Regulation As A Model For Developing Countries, Benton C. Martin

Benton C. Martin

Highlights differences between legislation regulating goverment labs and universities and discusses the implications of these differences for developing countries seeking to emulate United States technology transfer legislation. Concludes that diversity amongst countries based on historical context and infrastructure is vital, just as it has been in regulating different types of institutions in the United States.

Patents And Traditional Medicine: Digital Capture, Creative Legal Interventions And The Dialectics Of Knowledge Transformation, Chidi Oguamanam

Chidi Oguamanam

This article examines the debate over the exclusion of indigenous or local knowledge forms from the global intellectual property system, and some of the current attempts to solve this problem. Using the lens of cultural cosmopolitanism, the article highlights important trends in the dialectics of developing countries' engagement with intellectual property and other collateral knowledge protection systems. The three sites at which this significant development is unfolding are: (1) the digitization of traditional medicinal knowledge through India's traditional knowledge digital library (TKDL) project; (2) a recent attempt at incorporating innovations in Chinese Herbal Medicine (CHM) in Taiwanese patent law; and …

Fraude Bancario Y Robo De Identidad, Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.

Sobre El Rol Esencial De Las Marcas En El Desarrollo Económico, Gustavo M. Rodríguez García

Gustavo M. Rodríguez García

No abstract provided.

Scale-Free Law: Network Science And Copyright, Andres Guadamuz

Andres Guadamuz

Networks are everywhere. The staggering complexity and seemingly chaotic nature of everyday life is actually a collection of different networks interacting with us from the moment that we wake up to the time we go to sleep. We are constantly surrounded by the social network, the financial network, the transport network, the telecommunications network, and even the network within our own bodies. The understanding of how these systems operate and interact with one another has been the realm of physicists, economists, biologists and mathematicians. Until recently, the study of networks lacked empirical application because it was extremely difficult to gather …

Do R&D Programs Of Different Government Levels Overlap In The European Union?, Andrea Fernandez-Ribas, Isabel Busom

Andrea Fernandez-Ribas

Multiple levels of government currently design and implement research and innovation programs both in the US and in Europe. Empirical analysis of interdependencies among programs has not been fully explored, however. Our contribution is a first step in understanding potential complementarities across R&D programs. Using a sample of Spanish manufacturing firms, we study the determinants of firms’ participation in national and in European level research programs and test for differences across programs. Our results suggest that firms’ participation in European and national R&D programs is largely driven by different factors. We interpret these results as suggesting that, ex-post, there is …

The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski

Aaron K. Perzanowski

This Article attempts to reconcile the breadth of the modern Commerce Clause with the notion of meaningful and enforceable limits on Congress' copyright authority under Article I, Section 8, Clause 8. The Article aims to achieve two objectives. First, it seeks to outline a general approach to identifying and resolving inter-clause conflicts, sketching a methodology that has been lacking in the courts' sparse treatment of such conflicts. Second, it applies that general framework to the copyright power in order to outline the scope of constitutional prohibitions against quasi-copyright protections. In particular, this application focuses on the federal anti-bootlegging statutes and …

Civil Jurisdiction, Intellectual Property And The Internet, Sampsung Xiaoxiang Shi, Brian Fitzgerald

xiaoxiang shi

At the core of the civil litigation system is the notion of jurisdiction. In a narrow sense it refers to whether a court has the authority to hear a case in relation to specific people and activities (subject matter) but in a broader sense it also encompasses what law should be applied (choice of law), whether the court is a suitable court to hear the case (choice of court) and the enforcement of judgements.

The notion of jurisdiction provides a tool for efficiently managing litigation and traditionally has been based upon notions of connection to a particular territory. In the …

Chinese Copyright Law, Peer Production And The Participatory Media Age: An Old Regime In A New World, Sampsung Xiaoxiang Shi

xiaoxiang shi

When the digital world began moving towards a participatory media age and the networked society became increasingly ‘human’, mass participation in creativity gave rise to changes as to how information, knowledge and culture are produced and consumed. Therefore, especially in China, it is time to consider re-framing the copyright regime to facilitate the new creativity and economic models based on participatory media and conductive creativity, while at the same time managing to avoid the disintegration or devaluation of copyright caused by information technology.

Copyright Law, Digital Content And The Internet In The Asia-Pacific, Sampsung Xiaoxiang Shi, Brian Fitzgerald, Fuping Gao

xiaoxiang shi

This book provides a unique insight into the key issues facing copyright law and digital content policy in a networked information world. It emanates from a landmark conference - The First International Forum on the Content Industry and Intellectual Property - organised by Queensland University of Technology (QUT), The ARC Centre of Excellence for Creative Industries and Innovation (CCi) and East China University of Political Science and Law (ECUPL) in Shanghai in 2007. The book features chapters from a wide range of experts in their respective fields from across the Asia-Pacific region. Some of the areas examined include the new …

The Role Of The Lawmaker And Of The Judge In The Conflict Between Copyright Exceptions, Freedom Of Expression And Technological Measures, Severine Dusollier

Severine Dusollier

No abstract provided.

L’Affaire Microsoft Ou L’Interopérabilité, Nouvelle Valeur Du Droit De La Concurrence ?, Severine Dusollier

Severine Dusollier

No abstract provided.

Le Domaine Public, Garant De L'Intérêt Général En Propriété Intellectuelle ?, Severine Dusollier

Severine Dusollier

No abstract provided.

Creative Development: Helping Poor Countries By Building Creative Industries, Mark F. Schultz, Alec Van Gelder

Mark F Schultz

This paper advocates a grass-roots, pragmatic approach to intellectual property and economic development in poor countries that focuses on how copyright and related institutions can support bottom-up growth. Two case studies inform this paper's analysis: The development of the country music industry in Nashville, Tennessee, and the challenges faced by the popular music industry in Africa today.

First, we consider the story of Nashville's development into "Music City, U.S.A." as a hopeful example of how a popular music industry can support economic development. Although an example drawn from one of the world's wealthiest countries may not initially seem relevant, early …

An Intentional View Of The Copyright Work, Justine Pila

Justine Pila

The questions at the heart of copyright – what is a work, and the extent of copyright protection – are considered. Arguments are presented firstly for an understanding of works oriented around expressive intent, and secondly for a statutory test of infringement that pays closer attention to issues of policy and the authorial acts that copyright rewards. The article revisits two central cases of modern English copyright law, Walter v Lane and Interlego v Tyco Industries, and suggests that their reasoning is problematic; Walter v Lane because the transcripts of Lord Rosebery's speeches were not books for copyright purposes, and …

Compilation Copyright: A Matter Calling For ‘A Certain ... Sobriety’, Justine Pila

Justine Pila

In this article I review the UK and Australian law of compilation copyright in the light particularly of the Australian Full Federal Court's decisions in Desktop Marketing Systems (2002) and IceTV (2008). I criticize the Court's approach in those cases to the issues of both subsistence and infringement, while also offering a measured defense of the first instance decision in IceTV. In particular, I suggest that decision is largely right, and reflects an important attempt by a Judge to reorient copyright around its works, and resist the past temptation of courts - including the Full Federal Court itself - to …

Regulatory Data Protection Under Trips Article 39(3) And Article 10bis Of The Paris Convention: Is There A Doctor In The House?, Christopher Wadlow

Christopher Wadlow

Article 39 of the WTO TRIPs Agreement has attracted much attention for the protection its final paragraph affords for regulatory data in the pharmaceutical and agrochemical industries, but the literature has tended to treat Article 39(3) in individual isolation. This is to ignore one of the most striking features of Article 39, which is that in contrast to every other substantive provision of TRIPs, it expressly defines its entire scope of application by reference to a pre-existing treaty, the Paris Convention for the Protection of Industrial Property, and specifically Article 10bis of the latter, dealing with unfair competition. This article …

Profiting From Peer Production, Jeremy De Beer

Jeremy de Beer

No abstract provided.

Dilution By Tarnishment : The New Cause Of Action, Sarah Burstein

Sarah Burstein

No abstract provided.

Freedom Of The Press 2.0, Edward Lee

Edward Lee

No abstract provided.

Freedom Of Expression® Als Eingetragenes Markenzeichen/Trademarking Freedom Of Expression®, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Introduction: The Future Of Patent Reform (Symposium), Edward Lee

Edward Lee

No abstract provided.

Trademarking Nanotechnology: Nano-Lies & Federal Trademark Registration, Jason Du Mont

Jason John Du Mont

No abstract provided.

Freedom Of The Press 2.0, Edward Lee

Edward Lee

No abstract provided.

Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David Schwartz

David L. Schwartz

No abstract provided.

Humor In Music, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Warming Up To User-Generated Content, Edward Lee

Edward Lee

The most significant copyright development of the twenty first century has not arisen through any law enacted by Congress or opinion rendered by the Supreme Court. Instead, it has come from the unorganized, informal practices of various, unrelated users of copyrighted works, many of whom probably know next to nothing about copyright law. In order to comprehend this paradox, one must look at what is popularly known as "Web 2.0," and the growth of user-generated content in blogs, wikis, podcasts, "mashup" videos, and social networking sites like Facebook and MySpace. Although users often create new works of their own, sometimes …

Everything Is Patentable, Michael Risch

Michael Risch

The currently confused and inconsistent jurisprudence of patentable subject matter can be clarified by implementing a single rule - that which is otherwise patentable under the Patent Act is patentable subject matter. In other words, if a discovery otherwise meets the requirements of patentability - namely category, utility, novelty, non-obviousness, and specification - then the discovery will be properly patentable without need to consider traditional non-statutory subject matter issues such as mathematical algorithms, products of nature, or natural phenomena. The primary virtue of the proposed rule is that it provides a more rigorous and consistent doctrinal framework for determining patentability. …