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All Articles in Intellectual Property Law

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Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia 2010 University of Georgia School of Law

Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia

Sonia Baldia

This thesis describes the "intellectual property problem" and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries' perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced.


Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring 2010 Golden Gate University School of Law

Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring

Annual Survey of International & Comparative Law

This note discusses the procedure of dispute resolution in the World Trade Organization (WTO). The note goes on to discuss WTO disputes involving intellectual property to date and the possible impacts of the WTO dispute resolution procedures on the determination of substantive issues of intellectual property law, using dispute WS 160 involving the Fairness in Music Licensing Act, as an example. The note concludes that the same concerns about lack of due process and inability of amici to appear in the proceedings that cause concern in the environmental field are also causes of concern with respect to intellectual property rights ...


What's New In The Neighborhood - The Export Of The Dmca In Post-Trips Ftas, Anne Hiaring 2010 Golden Gate University School of Law

What's New In The Neighborhood - The Export Of The Dmca In Post-Trips Ftas, Anne Hiaring

Annual Survey of International & Comparative Law

This paper will first discuss the historical use of trade regulation to regulate intellectual property law protection outside the U.S., then will discuss the history of the WIPO Internet Treaties, the implementation of them in the DMCA, the provisions of the Induce Act, and the DMCA derived provisions in the 2003 FTA with Singapore.


Trademark Under The Nepalese Legal System: A Comparative Study With The Trips Agreement, Ramesh Bikram Karky 2010 Golden Gate University School of Law

Trademark Under The Nepalese Legal System: A Comparative Study With The Trips Agreement, Ramesh Bikram Karky

Annual Survey of International & Comparative Law

As trademark is vital to the promotion of trade and the protection of consumer interest, a study on the protection of trademarks will be meaningful. The norms of trademark protection prescribed in the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as ''TRIPS'') are internationally recognized as standard. In this paper, Nepalese trademark laws will be studied and compared with the minimum standards prescribed by the TRIPS. This study will suggest a few recommendations for further promotion and protection of trademarks in Nepal.


Moral And Personality Rights And The Digital Dilemma, Peter Yu 2010 Texas A&M University School of Law

Moral And Personality Rights And The Digital Dilemma, Peter Yu

Peter K. Yu

No abstract provided.


Copyright: Choice Of Law And Jurisdiction In The Digital Age, Raquel Xalabarder 2010 Golden Gate University School of Law

Copyright: Choice Of Law And Jurisdiction In The Digital Age, Raquel Xalabarder

Annual Survey of International & Comparative Law

This comment is based on a speech delivered by the author at the 10th Regional Meeting of the American Society of International Law and 11th Annual Fulbright Symposium on International Legal Problems at Golden Gate University School of Law on March 30, 2001.


Intellectual Property Law In China: Basic Policy And New Developments, Naigen Zhang 2010 Golden Gate University School of Law

Intellectual Property Law In China: Basic Policy And New Developments, Naigen Zhang

Annual Survey of International & Comparative Law

In recent years, Sino-U.S. trade-related disputes over protection of intellectual property rights have raised concerns about China's intention to enforce its intellectual property laws. In order to gain a reasonable view on this issue, this article focuses on Chinese basic policies to enforce intellectual property laws and on some important new developments. Part I presents a discussion of China's constitutional principles for the protection of intellectual property rights. Part II and III describe China's Customs Regulation and judicial enforcement of intellectual property laws.


Trips Agreement Implications For Asean Protection Of Computer Technology, Marie Wilson 2010 Golden Gate University School of Law

Trips Agreement Implications For Asean Protection Of Computer Technology, Marie Wilson

Annual Survey of International & Comparative Law

The new Trade-Related Aspects of Intellectual Property Agreement (the TRIPs Agreement), a result of the recent General Agreement of Tariffs and Trade (GATT) Uruguay Round, represents a major step toward providing the global trading system with more effective rules and enforcement procedures for the protection of all forms of intellectual property. The author presents a comprehensive analysis of the TRIPs Agreement requirements and of their ramifications for intellectual property protection and enforcement in the Association of East Asian Nations (ASEAN). The paper concludes with an assessment of the future ofcomputer technology protection in the ASEAN countries.


Chatter, Clatter, And Blinks: Defective Car Alerts And The Role Of Technological Advances In Design Defect/Failure To Warn Cases, James Forrest McKell Jr. 2010 Duke Law

Chatter, Clatter, And Blinks: Defective Car Alerts And The Role Of Technological Advances In Design Defect/Failure To Warn Cases, James Forrest Mckell Jr.

Duke Law & Technology Review

Car owners are familiar with the warning lights on the dashboard and the beeping sound reminding them to use their seatbelt. But, neither the legislature nor courts have concretely defined the legal nature of these alerts. This iBrief will analyze when a deficient alert becomes a defective product tort claim and determine the appropriate theory under which such claims should be brought.


Patent & Copyright Law, Richard D. Harmon, Howard Klepper, Paige L. Wickland 2010 Golden Gate University School of Law

Patent & Copyright Law, Richard D. Harmon, Howard Klepper, Paige L. Wickland

Golden Gate University Law Review

No abstract provided.


Copyright & Patent Law, Richard D. Harmon 2010 Golden Gate University School of Law

Copyright & Patent Law, Richard D. Harmon

Golden Gate University Law Review

No abstract provided.


Misappropriation And The New Copyright Act: An Overview, Patricia Ann Mitchell 2010 Golden Gate University School of Law

Misappropriation And The New Copyright Act: An Overview, Patricia Ann Mitchell

Golden Gate University Law Review

No abstract provided.


“The Sole Right...Shall Return To The Authors”: Anglo-American Authors’ Reversion Rights From The Statute Of Anne To Contemporary U.S. Copyright, Lionel Bently, Jane C. Ginsburg 2010 University of Cambridge, Faculty of Law

“The Sole Right...Shall Return To The Authors”: Anglo-American Authors’ Reversion Rights From The Statute Of Anne To Contemporary U.S. Copyright, Lionel Bently, Jane C. Ginsburg

Columbia Public Law & Legal Theory Working Papers

This study of author’s reversion rights begins with the Statute of Anne and the debates that led up to the adoption of section 11, which vested in the author a second fourteen-year term, provided he or she was still alive at the end of the initial fourteen-year term. The study then will address the impact of the author’s reversion right on publishing practice and authors’ welfare in the United Kingdom through the eighteenth century to the demise of the reversion right in 1814. We will suggest that the apparent lack of use of the reversion right by authors ...


The Resale Royalties Act: Paintings, Preemption And Profit, Sharon J. Emley 2010 Golden Gate University School of Law

The Resale Royalties Act: Paintings, Preemption And Profit, Sharon J. Emley

Golden Gate University Law Review

No abstract provided.


Patents, Richard Dale Harmon 2010 Golden Gate University School of Law

Patents, Richard Dale Harmon

Golden Gate University Law Review

No abstract provided.


Intellectual Property, Ruth J. Hedden 2010 Golden Gate University School of Law

Intellectual Property, Ruth J. Hedden

Golden Gate University Law Review

No abstract provided.


The Class Defense: Why Dispersed Intellectual Property Defendants Need Procedural Protections, Jonathan Reich 2010 Duke Law

The Class Defense: Why Dispersed Intellectual Property Defendants Need Procedural Protections, Jonathan Reich

Duke Law & Technology Review

The intersection of antitrust and intellectual property circumscribes two century-long debates. The first pertains to questions about how antitrust law and intellectual property law interact, and the second pertains to questions about how parties can exploit property rights, including intellectual property rights, to exclude competitors. This iBrief finesses these questions and turns to practical considerations about how innovation and intellectual property can impinge antitrust enforcement. This iBrief develops two propositions. First, although collaborative research and development has often been and remains unwittingly misunderstood, what is understood about it is consistent with the long- standing observation that antitrust has rarely interfered ...


American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp 2010 University of Pennsylvania Law School

American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp

Faculty Scholarship

In American Needle the Supreme Court unanimously held that for the practice at issue the NFL should be treated as a “combination” of its teams rather than a single entity. However, the arrangement must be assessed under the rule of reason. The opinion, written by Justice Stevens, was almost certainly his last opinion for the Court in an antitrust case; Justice Stevens had been a dissenter in the Supreme Court’s Copperweld decision 25 years earlier, which held that a parent corporation and its wholly owned subsidiary constituted a single “firm” for antitrust purposes. The Sherman Act speaks to this ...


Seeds Of Dispute: Intellectual-Property Rights And Agricultural Biodiversity, Keith Aoki 2010 Golden Gate University School of Law

Seeds Of Dispute: Intellectual-Property Rights And Agricultural Biodiversity, Keith Aoki

Golden Gate University Environmental Law Journal

This Article is about the interrelationship between expanding intellectual-property rights and the conservation of biodiversity. While these rights are not strictly correlated with conservation, the types of markets and companies producing commercial seeds and other agricultural inputs tend to promote monocultures that erode biodiversity in both the developed and developing world. Furthermore, this Article argues that the rise of genetically engineered crops in the last two decades further exacerbates both intellectual-property claims of companies owning patented seed and biodiversity, as metaphorical monoculture becomes realized with genetically engineered crops in fields where all the plants have the same genetic structure.


Rethinking The Concept Of Exclusion In Patent Law, Oskar Liivak 2010 Cornell Law School

Rethinking The Concept Of Exclusion In Patent Law, Oskar Liivak

Cornell Law Faculty Publications

Patent law’s broad exclusionary rule is one of its defining features. It is unique within intellectual property as it prohibits acts of independent creation. Even if a second inventor had no connection or aid from an initial inventor, patent law allows the first inventor to stop the second. Even though a number of pressing problems can be traced to this rule, it remains untouchable; it is thought to be essential for incentivizing invention. But is it really our only choice? And why is it so different from our otherwise widespread reliance on free entry and competition in markets? The ...


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