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

Intellectual Property Law Commons

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

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 15991 - 16020 of 16972

Full-Text Articles in Intellectual Property Law

Protection Of Industrial Designs In Canada, Robert E. Mitchell Jan 1989

Protection Of Industrial Designs In Canada, Robert E. Mitchell

University of Baltimore Law Review

No abstract provided.


A Designer As An Expert Witness, Roland Carter Jan 1989

A Designer As An Expert Witness, Roland Carter

University of Baltimore Law Review

No abstract provided.


Where Is The Protection For Creative Product Design?, Albert C. Johnston Jan 1989

Where Is The Protection For Creative Product Design?, Albert C. Johnston

University of Baltimore Law Review

No abstract provided.


How To Improve Design Patent Prosecution Techniques, Bernard Ansher Jan 1989

How To Improve Design Patent Prosecution Techniques, Bernard Ansher

University of Baltimore Law Review

No abstract provided.


Copyright-Like Protection For Designs, Ralph S. Brown Jan 1989

Copyright-Like Protection For Designs, Ralph S. Brown

University of Baltimore Law Review

No abstract provided.


The Scope Of Industrial Design Protection Under Trademark And Unfair Competition Laws, John B. Pegram Jan 1989

The Scope Of Industrial Design Protection Under Trademark And Unfair Competition Laws, John B. Pegram

University of Baltimore Law Review

No abstract provided.


Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, J. H. Reichman Jan 1989

Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, J. H. Reichman

University of Baltimore Law Review

No abstract provided.


Discussion Of Industrial Design Protection Practice In Governmental Agencies And Courts Jan 1989

Discussion Of Industrial Design Protection Practice In Governmental Agencies And Courts

University of Baltimore Law Review

No abstract provided.


Copyright Legislation And Technological Change, Jessica D. Litman Jan 1989

Copyright Legislation And Technological Change, Jessica D. Litman

Articles

Throughout its history, copyright law has had difficulty accommodating technological change. Although the substance of copyright legislation in this century has evolved from meetings among industry representatives whose avowed purpose was to draft legislation that provided for the future,6 the resulting statutes have done so poorly. The language of copyright statutes has been phrased in fact-specific language that has grown obsolete as new modes and mediums of copyrightable expression have developed. Whatever copyright statute has been on the books has been routinely, and justifiably, criticized as outmoded.7 In this Article, I suggest that the nature of the legislative process we …


Public-Private Partnerships In Biomedical Research: Resolving Conflicts Of Interest Arising Under The Federal Technology Transfer Act Of 1986, Thomas N. Bulleit Jr. Jan 1989

Public-Private Partnerships In Biomedical Research: Resolving Conflicts Of Interest Arising Under The Federal Technology Transfer Act Of 1986, Thomas N. Bulleit Jr.

Journal of Law and Health

The Federal Technology Transfer Act of 1986 offers private industry the opportunity to enter into cooperative research and development agreements with scientists in federal laboratories and to gain rights in intellectual property resulting from such collaborations. Increased collaborations with private industry, however, expands the potential for conflicts of interest. Resolution of the tensions between the Technology Transfer Act and federal conflict of interest rules is important because federal laboratories, such as the NIH, are experiencing a loss of senior scientists to universities and private industry due to inadequate compensation. These tensions may be resolved by some combination of policies, regulations, …


A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi Jan 1989

A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

The United States is a party to many copyright treaties, including a network of bilateral arrangements with other countries and one regional agreement. I will concentrate on the two major multilateral agreements to which the United States is a party, the Universal Copyright Convention ("UCC") and the Berne Convention for the Protection of Literary and Artistic Works ("Berne Convention").


Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, J. H. Reichman Jan 1989

Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, J. H. Reichman

Vanderbilt Journal of Transnational Law

Professor Reichman uncovers a paradox at the heart of the debate about bringing international intellectual property relations within a GATT Code of Conduct. On the one hand, the industrialized countries that subscribe to free-market principles at home want to impose a highly regulated market for intellectual goods on the rest of the world, one in which authors and inventors may "reap where they have sown." On the other hand, the developing countries that restrict free competition at home envision a totally unregulated world market for intellectual goods, one in which "competition is the lifeblood of commerce." To unravel this paradox, …


An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon Jan 1989

An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon

Faculty Scholarship

Hostility to copyright has a long and honorable history. In the nineteenth century, for example, Lord Macaulay argued that while copyright might be necessary to ensure a "supply of good books," the monopoly that it imposed was at best a necessary evil.

"For the sake of the good we must submit to the evil; but the evil ought
not to last a day longer than is necessary for the purpose of securing the good."

A number of studies critical of intellectual property followed in our century. The most well known is probably the economically oriented 1970 study by Stephen Breyer …


Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer Jan 1989

Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry Jan 1989

The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry

Cleveland State Law Review

In October of 1988, Congress enacted the Intellectual Property Bankruptcy Protection Act. The Act is intended to "promote the development and licensing of intellectual property by providing certainty to licensees in situations where the licensor files bankruptcy and seeks to reject the license as an executory contract by providing the licensee an "assurance of being able to continue to use the licensed intellectual property after rejection, while debtors/licensors will still be able to free themselves of burdensome obligations." The Act adds a new subsection to 11 U.S.C. §365 which allows the licensee of intellectual property under an executory contract to …


The "Law Of Ideas" Reconsidered, Margreth Barrett Jan 1989

The "Law Of Ideas" Reconsidered, Margreth Barrett

Faculty Scholarship

No abstract provided.


Copyright Law - Gray Marketing - The First Sale Doctrine Of Copyright Law Closes Another Avenue Of Redress, Julie S. Congdon Jan 1989

Copyright Law - Gray Marketing - The First Sale Doctrine Of Copyright Law Closes Another Avenue Of Redress, Julie S. Congdon

Villanova Law Review

No abstract provided.


Notes On Conceptions Of Property: Scientific And Ordinary - 1989, Wendy J. Gordon Jan 1989

Notes On Conceptions Of Property: Scientific And Ordinary - 1989, Wendy J. Gordon

Scholarship Chronologically

There's a lot that won't neatly fit in my LocKe article that needs to be said. The following, re ordinary and scientific theories of property, go in the Conception of Prop Article, for which there still seems a need.


More On Indirect Protections: Piggyback Damage Claims - 1989, Wendy J. Gordon Jan 1989

More On Indirect Protections: Piggyback Damage Claims - 1989, Wendy J. Gordon

Scholarship Chronologically

One issue is whether indirect i/p protection should be allowed to, or encouraged to, piggyback on other forms of protection, 1 ike privacy & contract law. (This is the KEWANEE issue. It's a matter of general pol icy, and of preemption.). Another issue is whether, within federal i/p law, a cause of action based on limited statutory infringement should be handled any differently because other damage damage which wouldn't be actionable alone under the relevant federal statute - is present. (This is raised by the NATION issue. It's a matter of legislative intent & general policy,) Although both issues involve …


Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman Jan 1989

Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Trademark Licensing Of Names, Insignia, Characters And Designs: The Current Status Of The Boston Pro Hockey Per Se Infringement Rule, 22 J. Marshall L. Rev. 567 (1989), John J. Voortman Jan 1989

Trademark Licensing Of Names, Insignia, Characters And Designs: The Current Status Of The Boston Pro Hockey Per Se Infringement Rule, 22 J. Marshall L. Rev. 567 (1989), John J. Voortman

UIC Law Review

No abstract provided.


Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg Jan 1989

Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg

Articles

In this article I analyze the proper scope of an experimental use exemption from patent infringement liability by comparing the rationales behind promoting technological progress through granting exclusive patent rights in inventions with competing arguments for promoting scientific progress by allowing all investigators to enjoy free access to the discoveries of other scientists. I begin by reviewing key features of the patent laws and theoretical justifications for granting patent monopolies in order to clarify the implications of existing patent doctrine and theory for an experimental use exemption. I then look to the literature in the sociology, history, and philosophy of …


Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady Jan 1989

Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady

Fordham Urban Law Journal

The 1976 Copyright Act defines joint ownership as requiring an "intent" by multiple authors to merge their works into a single work. Prior to 1976, two standards of determining intent existed in the case law. One was an objective standard, known as common design, and the other was a subjective standard. In part because the 1976 Act does not mention common design, subjective intent came to dominate joint authorship jurisprudence post-1976. As a result of this dominance, many authors have been deprived of their rights. Brady argues that a new standard should be set out by the courts that once …


French Copyright Law: A Comparative Overview, Jane C. Ginsburg Jan 1989

French Copyright Law: A Comparative Overview, Jane C. Ginsburg

Faculty Scholarship

French copyright law has attracted considerable recent attention in the United States. Debate over the nature and scope of legislation permitting U.S. entry into the Berne Union for the Protection of Literary and Artistic Works spurred some of this interest: because France was a founding member of that Union, some participants in the Berne adherence process perceived "Berne level" copyright protection to be synonymous with "French" copyright protection. As Congress continues to consider modifications to the U.S. copyright law, particularly in the area of moral rights, France again supplies a leading example. And the on-going litigation in France concerning the …


A Designer's View Of Current Industrial Design Protection In The United States, Cooper C. Woodring Jan 1989

A Designer's View Of Current Industrial Design Protection In The United States, Cooper C. Woodring

University of Baltimore Law Review

No abstract provided.


Discussion Of Current Industrial Design Law Issues Jan 1989

Discussion Of Current Industrial Design Law Issues

University of Baltimore Law Review

No abstract provided.


Discussion Of International Developments In Industrial Design Law Jan 1989

Discussion Of International Developments In Industrial Design Law

University of Baltimore Law Review

No abstract provided.


The Copyright Doctrine Of 'Works Made For Hire', I. Trotter Hardy Dec 1988

The Copyright Doctrine Of 'Works Made For Hire', I. Trotter Hardy

Faculty Publications

No abstract provided.


Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr. Nov 1988

Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.

University of Miami Law Review

No abstract provided.


Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht Oct 1988

Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht

Seattle University Law Review

This Note asserts that the UMC Electronics v. United States court's "all circumstances" test cannot be consistently applied and does not satisfy the policies underlying the bar. Therefore, a test is proposed that distinguishes between an offer to sell an invention and the actual sale of an invention. In developing the test, this Note will first explain the policies that underly the on sale bar and review the past application of the bar. Second, the UMC case will be examined and its facts and holding explained. Third, the panel majority's conclusion that a reduction to practice has not been, and …