Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Derecho Civil (2)
- Law (2)
- Legal (2)
- Patent (2)
- Patentability (2)
-
- Tax (2)
- Cesión de derechos (1)
- Copyright infringement (1)
- Copyright law (1)
- Copyright piracy (1)
- Copyright system (1)
- Counterfeit goods (1)
- Código civil peruano (1)
- Fair use (1)
- GATT (1)
- Grokster (1)
- History and theory of intellectual property (1)
- International law of intellectual property (1)
- International trade (1)
- Legal history (1)
- Personal use (1)
- Poison pill (1)
- Readers (1)
- Recording industry (1)
- TRIPs (1)
- Unfair competition (1)
- Use (1)
- WTO (1)
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Legal History
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
Edward Ivan Cueva
La Cesión de Derechos en el Código Civil Peruano
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
’Including Trade In Counterfeit Goods’: The Origins Of Trips As A Gatt Anti-Counterfeiting Code, Christopher Wadlow
’Including Trade In Counterfeit Goods’: The Origins Of Trips As A Gatt Anti-Counterfeiting Code, Christopher Wadlow
Christopher Wadlow
Like corruption, commercial counterfeiting has no apologists and no redeeming features. The World Trade Organisation (WTO) TRIPs Agreement incorporates provisions intended to address the problem of counterfeit goods in international trade, but these seem to have achieved little more than to slow the trajectory of its growth. However, the low profile of these provisions within TRIPs disguises the fact that TRIPs itself may ultimately be traced to a modest initiative by American business interests to include an “anti-counterfeiting code” within the GATT Tokyo round. This article describes the origins and history of the code, and its gradual metamorphosis into the …
Patents On Legal Methods? No Way!, Andrew A. Schwartz
Patents On Legal Methods? No Way!, Andrew A. Schwartz
Publications
An “invention,” as used in the United States patent laws, refers to anything made by man that employs or harnesses a law of nature or a naturally occurring substance for human benefit. A watermill, for instance, harnesses the power of gravity to run machinery. But legal methods, such as tax strategies, are not inventions in this sense, because they employ “laws of man” — not laws of nature to produce a useful result.
The Patent Office Meets The Poison Pill: Why Legal Methods Cannot Be Patented, Andrew A. Schwartz
The Patent Office Meets The Poison Pill: Why Legal Methods Cannot Be Patented, Andrew A. Schwartz
Publications
In 2003, for the first time in its 170-year history, the United States Patent Office began awarding patents for novel legal innovations, in addition to traditional inventions such as the telephone or airplane. Commentators have accepted the Patent Office's power to grant legal method patents, but at the same time have criticized this new type of patent on policy grounds. But no one has suggested that the Patent Office exceeded its authority by awarding patents for legal methods, until now.
In the Patent Act of 1952, which is still in effect today, Congress established certain requirements for patentability, including a …
Lawful Personal Use, Jessica D. Litman
Lawful Personal Use, Jessica D. Litman
Articles
Despite having sued more than 20,000 of its customers,2 the recording industry wants the world to know that it has no complaint with personal use. Copyright lawyers of all stripes agree that copyright includes a free zone in which individuals may make personal use of copyrighted works without legal liability.3 Unlike other nations, though, the United States hasn't drawn the borders of its lawful personal use zone by statute.4 Determining the circumstances under which personal use of copyrighted works will be deemed lawful is essentially a matter of inference and analogy, and differently striped copyright lawyers will differ vehemently on …