Intellectual Property Law Commons^™

Patents On Human Genes: An Analysis Of Scope And Claims, Lori B. Andrews, Jordan K. Paradise, Timothy R. Holbrooke

All Faculty Scholarship

There is significant domestic and international opposition to gene patents based on the fact that gene patents deter medical research and health care, as well as the policy position that genes are an inherent product of nature. Yet, equally troubling is the fact that gene patents have been issued by the U.S. Patent & Trademark Office that are problematic with respect to existing federal patent law. The authors of this Policy Forum describe their study, which examined issued gene patents covering a variety of genetic diseases and described ways in which many claims fell short of USPTO patentability requirements.

A Trade Dress Approach To The Protection Of Radio Brands, Christopher S. Reed

ExpressO

Over the past ten to fifteen years the radio industry has undergone dramatic changes in terms of both programming and the economic model that underlies the industry’s very existence. Despite the widespread industry consolidation that took place after the passage of the Telecommunications Act of 1996, advances in technological innovation have lead to a diversity of new media options that have changed the way that people consume radio programming and the way advertisers reach their target audiences. Broadcasters have responded by creating niche-oriented formats designed to attract more narrowly defined segments of the listening population. As the programming becomes more …

I Know You Are, But What Am I? A Temporal Approach To Legal Classification, Wendy A. Adams

ExpressO

No real epistemological disagreement exists that legal knowledge can be represented and understood in categorical form. At issue is the extent to which categorical analysis captures the full complexity of legal reasoning. Can legal reasoning be represented as a taxonomy of mutually-exclusive classes, a taxonomy considered necessary if legal certainty and the rule of law are to prevail, or does the complexity of the process defy attempts at exhaustive classification?

The author agrees with those who argue that multiple legal concepts must often be applied simultaneously to resolve legal problems. The author also acknowledges that simultaneous application of multiple concepts …

Easy Come, Easy Go: Copyright Infringement And The Dmca's Notice And Takedown Provision In Light Of Rossi V. Mpaa, Lawrence F. Rozsnyai

Washington Journal of Law, Technology & Arts

In Rossi v. Motion Picture Association of America Inc., the U.S. Court of Appeals for the Ninth Circuit recently held that the notice and takedown provision of the DMCA requires a subjective “good faith” belief that a website is infringing copyrighted material, and not an objective showing by the complaining party. A subjective standard for notice and takedown may do less to promote collaboration between service providers and copyright owners, judicial economy, or fair website management than would an objective standard requiring a minimal degree of investigation. This article concludes, however, that a subjective standard is supported by the …

The Failures And Promises Of Canada's Alternative Compensation System For Private Reproduction Of Copyrighted Recordings, Evgenia Fkiaras

Washington Journal of Law, Technology & Arts

Canada’s copyright system imposes a levy on manufacturers and importers of blank audio recording media. Revenue raised by this levy goes to the eligible owners of musical copyright—rightsholders. Thus, Canada squarely faces the reality of the modern age by acknowledging that users will duplicate copyrighted material at the same time that it attempts to guarantee compensation to certain rightsholders. Like its counterpart, the American Audio Home Recording Act of 1992, this system has certain fundamental flaws. What these flaws indicate about the future of copyright law is unclear.

Download, Stream, Or Somewhere In Between: The Potential For Legal Music Use In Podcasting, Benjamin Aitken

Duke Law & Technology Review

Podcasting is an increasingly popular new digital technology with the potential to be a great conduit of expression. Currently, the use of music is limited in podcasting due in large part to uncertainty as to what rights must be licensed before copyrighted music can be used legitimately. This iBrief examines what legal rights are implicated by podcasting by analyzing U.S. copyright law and comparing related technologies. This iBrief concludes that onerous licensing requirements are unnecessary, and for podcasting to realize its potential, a simple licensing framework must be established.

A Hybrid Game: Of The Blessed Intellectual Property Rights & The Bastardized Biodiversity, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.

Access V. Patents: We Still Can’T Get Along!, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.

The Create Act Will Undo The Federal Circuit's Construction Of 35 U.S.C. § 103 In Oddzon, And Help Promote Research Collaborations, Michael S. Fuller

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Towards A Conception Of Authorial Knowledge In Copyright, Lior Zemer

Buffalo Intellectual Property Law Journal

No abstract provided.

A Case Of Bad Credit?: The United States And The Protection Of Moral Rights In Intellectual Property Law, Kinmberly Y.W. Holst

Buffalo Intellectual Property Law Journal

No abstract provided.

Shooting For The Stars: A Call For Federal Legislation To Protect Celebrities' Privacy Rights, Jennifer R. Scharf

Buffalo Intellectual Property Law Journal

No abstract provided.

Garage Door Openers And Toner Cartridges: Why Congress Should Revisit The Anti-Circumvention Provisions Of The Dmca, Heather A. Sapp

Buffalo Intellectual Property Law Journal

No abstract provided.

India's New "Trips-Compliant" Patent Regime: Between Drug Patents And The Right To Health, Prabhu Ram

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Evaluate Patentability Of Your Invention, Umakant Mishra

Umakant Mishra

The patent system is designed to encourage inventions that are useful to society by granting inventors absolute right to make profit from their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. But patents cannot protect each and every person who conceives an invention. While there are some common criteria of accepting an invention for patenting, the laws of patenting differ from country to country to some extent. The concept of patentability is also very vague in some instances of the legal system. Hence it is important to check the patentability of your invention in …

Towards A Feminist Theory Of The Public Domain, Or Rejecting The Gendered Scope Of United States Copyrightable And Patentable Subject Matter, Malla Pollack

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa

Marquette Intellectual Property Law Review

Intellectual property treatment of traditional or local knowledge is a major issue of contention today, particularly since the implementation of the TRIPs Agreement, which establishes minimum levels of intellectual property protection for members of the World Trade Organization. Discourse surrounding local knowledge is highly charged with accusations of "piracy" from Western countries countered with allegations of "biopiracy" from Third World countries. Flowing beneath the surface of this dialogue are multiple levels of historical experience. Intellectual property frameworks were formed in the nineteenth century during a period when evolutionary views of the development of human societies were paramount. Local knowledge was …

Expanding The Protection Of Geographical Indications Of Origin Under Trips: "Old" Debate Or "New" Opportunity?, Irene Calboli

Marquette Intellectual Property Law Review

This work briefly analyzes the issue of (geographical indications of origin) GI protection pre- and post-TRIPs and considers whether extension of the protection set forth by TRIPs is desirable for the international community. First, the work provides a brief overview of GI, the traditional rationale for their protection, and the protection granted thereof before the adoption of TRIPs. Next, the analysis turns to a description of the status of the law under TRIPs and the failed diplomatic agenda to expand the current protection. The recent developments on the debate on GI are explored, particularly for wine and spirits, with an …

The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme B. Dinwoodie

Marquette Intellectual Property Law Review

International intellectual property norms are ow being developed by a wide range of institutions- some national, some international, and some that do not fit neatly into either category; by bodies designed to address intellectual property; by trade and other bodies; and by actors public, private, and indeterminate. This new wave of international norm creation not only augments a growing body of substantive norms but also raises difficult structural questions about the future development of the international intellectual property system.

Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager

Marquette Intellectual Property Law Review

In dramatically expanding the reach of international intellectual property law, the TRIPs Agreement both epitomizes a new trend toward globalized regulation and signaled a controversial shift in approach by the WTO away from its narrow focus on trade. Equally controversial was the manner in which TRIPs came about. By strategically linking intellectual property protection to substantively unrelated trade negotiations, developed countries were able to push through a much more ambitious harmonization of IP law than would otherwise have been possible. Such package dealing making offers a powerful mechanism to advance global governance. However, unrestricted use of linkage strategies risks suboptimal …

Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi

Marquette Intellectual Property Law Review

The Article explores the mini-body of antitrust provisions to be found within TRIPs. It advocates a general-principles based and systematic interpretative approach of these provisions with a view to finding in them an antidote to the ratcheting up of IP protection otherwise encouraged by TRIPs. In this framework, it is argued that member countries retain considerable flexibility to incorporate pro-competitive inputs and to give appropriate consideration to non-intellectual property interests in adopting legislation at the intersection of antitrust and IP. The Article further develops criteria to assess the TRIPs-compatibility both of antitrust intervention and of generalized, ex ante legislative measures …

The Future Of Music In A Digital Age: The Ongoing Conflict Between Copyright Law And Peer-To-Peer Technology, Lori A. Morea

Campbell Law Review

This article explains the issues that have surfaced as a result of the development of new technology and peer-to-peer networks, as well as civil lawsuits the recording industry has pursued against infringers.

The Newman Application And The Uspto's Unnecessary Response: Patentability Of Humans And Human Embryos, Seán M. Coughlin

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Supreme Court Tilts Toward Drug Developers: Drug Discovery After Merck V. Integra, Daniel J. O'Connor, Tamsen Valoir

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Fair Use Doctrine In The U.S. American Copyright Act And Similar Regulations In The German Law, Holger Postel

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Much Ado About Nothing? Characteristics, Benefits, And Practical Implications Of The European Community Trademark, Lars Meyer

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Pas De Deux Between Dance And Law: Tossing Copyright Law Into The Wings And Bringing Dance Custom Centerstage, Katie Lula

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Intellectual Property Management Strategies To Accelerate The Development And Access Of Vaccines And Diagnostics: Case Studies On Pandemic Influenza, Malaria And Sars, Anatole Krattiger, Stanley P. Kowalski, Robert Eiss, Anthony Taubman

Law Faculty Scholarship

Achieving global access to vaccines, diagnostics, and pharmaceuticals remains a challenge. Throughout the developing world, intellectual property (IP) constraints complicate access to critically essential medical technologies and products. Vaccines for malaria and pandemic strains of influenza, as well as diagnostic and vaccine technologies for SARS, are not only relevant to global public health but are particularly critical to the needs of developing countries. A global access solution is urgently needed. This article offers a timely case‐by‐case analysis of preliminary patent landscape surveys and formulates options via patent pools and other forms of creative IP management to accelerate development and access. …

Ests Under Canadian Patent Law: Useful Or Not?, Natalie C. Bellefeuille

Canadian Journal of Law and Technology

The following discussion will examine the utility requirement for patentability in the context of EST patents. Part I will provide background information regarding the utility requirement under patent law and will explain why it has been difficult to apply to ESTs. Part II will briefly examine how other jurisdictions, in particular the United States, have addressed the difficul- ties associated with applying the current utility require- ment to biological materials, in particular ESTs. Part III will look at how Canadian courts have interpreted and applied the utility requirement for patentability, and will suggest that ESTs have sufficient value to the …

E-Commerce Legislation And Materials In Canada: Lois Sur Le Commerce Électronique Au Canada Et Documents Connexes By Sunny Handa, Claude Marseille & Martin Sheehan (Markham, Ont.: Lexisnexis Butterworths, 2005), John D. Gregory

Canadian Journal of Law and Technology

This hefty volume is a useful compendium of the basic source materials for the law of electronic commerce in Canada. It offers the text of all the general-purpose legislation that removes legal barriers to the use of electronic communications, for all jurisdictions in the country. It then takes a dozen related areas of law, from domain names to taxation, from competition law to consumer protection, from security to standards, and offers a quick overview and the key documents applicable to each. In each case the commentary is in English then in French, and where the texts are available in both …