Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, 2009 Florida State University College of Law
Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo
Michael R Dimino
The Requirement For An Invention In Patent Law, 2009 University of Oxford
The Requirement For An Invention In Patent Law, Justine Pila
This book offers an analysis of legal conceptions of the invention in UK patent law and their development from before the first English patent legislation of 1623 through the patent system’s recent phase of Europeanization. Its publication comes at a time of widespread uncertainty regarding the invention, which is the basic subject matter of patent protection in all jurisdictions, and the meaning of which is currently under review by the US Supreme Court, the Enlarged Board of Appeal of the European Patent Office, and the Australian Government. The central thesis of the book is that properly construed, the requirement ...
Treaty Interpretation In Wto Dispute Settlement: The Outstanding Question Of The Legality Of Local Working Requirements, 2009 The Chinese University of Hong Kong
Treaty Interpretation In Wto Dispute Settlement: The Outstanding Question Of The Legality Of Local Working Requirements, Bryan Mercurio, Mitali Tyagi
This article explores treaty interpretation in dispute settlement at the World Trade Organization (WTO) by seeking to resolve the unanswered question of whether local working requirements – domestic provisions which allow the grant of a compulsory license when a patent is not “worked” in that country – are legal under the international trade regime. The issue remains in flux as local working requirements appear to be inconsistent with the Agreement on Trade-Related Aspects of International Property Rights (TRIPS) Article 27, which prohibits discrimination as to “whether products are imported or locally produced.” However, TRIPS Article 2.2 incorporates the substantial majority of ...
Constructing Commons In The Cultural Environment, 2009 New York University School of Law
Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann
Brett M. Frischmann
This Article sets out a framework for investigating sharing and resource pooling arrangements for information and knowledge-based works. We argue that the approach to commons arrangements in the natural environment pioneered by Elinor Ostrom and collaborators provides a template for examining the construction of commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environments in which they are embedded, in relation to information and knowledge resources that they produce and use, and in relation to one another.
An improved understanding ...
Constructing Commons In The Cultural Environment, 2009 Loyola University Chicago
Constructing Commons In The Cultural Environment, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
Michael J. Madison
Maintaining Incentives For Healthcare Innovation: A Response To The Ftc's Report On Follow-On Biologics, 2009 University of Missouri-Kansas City
Maintaining Incentives For Healthcare Innovation: A Response To The Ftc's Report On Follow-On Biologics, Christopher M. Holman
Christopher M Holman
Congress is considering legislation that would create an abbreviated FDA approval process for follow-on biologics (FOBs), which proponents anticipate will promote competition and lower prices in the market for biologic drugs. In June of 2009 the FTC published a report on FOBs (“the FTC Report”), which attempts to forecast the nature of competition between innovator biologics and FOBs, and offers a number of substantive recommendations regarding specific provisions of the various FOB bills. In particular, the FTC Report concludes that there is essentially no justification for the inclusion of a substantial data exclusivity period (“DEP”) for innovators in pending FOB ...
El Procedimiento Administrativo Y Las Facultades De La Autoridad En Materia De Represión De La Competencia Desleal. Apuntes Sobre El Decreto Legislativo N° 1044, Pierino Stucchi
No abstract provided.
Costos Sin Beneficios Análisis Económico Del Artículo 5 Bis Recientemente Incorporado Al Régimen De La Propiedad Intelectual, Maximiliano Marzetti
El AED sirve para muchas cosas, en éste caso para atacar los pseudo-argumentos de una ley económicamente ineficiente y para descubrir los ganadores y perdedores de una reforma legislativa.
La reciente ley Nº 26.570 (que ha pasado casi desapercibida para la mayoría de los argentinos) incorpora el artículo 5 bis al Régimen de la Propiedad Intelectual (Ley Nº 11.723).
Un sólo artículo ha sido suficiente para extender el monopolio económico de artístas-intérpretes y productores de fonogramas por 20 años más (sin ninguna justificación valedera).
Han ganado los productores de fonogramas y las agencias de gestión colectiva; han perdido ...
Retribution And The Experience Of Punishment, 2009 Chicago-Kent College of Law
Retribution And The Experience Of Punishment, Christopher J. Buccafusco, J. Bronsteen, J. Masur
Christopher J. Buccafusco
In a prior article, we argued that punishment theorists need to take into account the counterintuitive findings from hedonic psychology about how offenders typically experience punishment. Punishment generally involves the imposition of negative experience. The reason that greater fines and prison sentences constitute more severe punishments than lesser ones is, in large part, that they are assumed to impose greater negative experience. Hedonic adaptation reduces that difference in negative experience, thereby undermining efforts to achieve proportionality in punishment. Anyone who values punishing more serious crimes more severely than less serious crimes by an appropriate amount - as virtually everyone does - must ...
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., 2009 Australian National University
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Thomas A Faunce
The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on ...
Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, 2009 Washington and Lee University School of Law
Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman
Christopher B. Seaman
Determining damages for infringement is one of the most important—and controversial—issues in current patent litigation. The current fifteen-factor Georgia-Pacific standard for determining a reasonable royalty has become increasingly difficult for juries to apply in patent disputes involving complex, high-technology products, resulting in unpredictable damage awards that tend to overcompensate patentees. This Article proposes a more manageable alternative to Georgia-Pacific when an acceptable noninfringing substitute for the patented technology exists. Specifically, in a hypothetical bargain for a patent license, both economic and negotiation theory explain that a rational patent licensor would agree to pay only the costs it would ...
An Australian Copyright Revolution And Its Relevance For Uk Jurisprudence: Icetv In The Light Of Infopaq V Danske, Justine Pila
The purpose of this paper is to consider the High Court of Australia’s decision in IceTV v Nine Network (2009) and its relevance for UK copyright jurisprudence, taking account of the ECJ's decision in Infopaq v Danske (2009). The starting point for that consideration is the principle expressed by the Court of Appeal in Higgs v R (2008), that UK courts may rely on the reasoning of Australian and other foreign decisions when the logic of those decisions makes them applicable. On its face, IceTV seems an important decision, and a likely source of future reasoning for UK ...
The Tragedy Of (Ignoring) The Information Semicommons: A Cultural Environmental Perspective, 2009 The University of Western Australia
The Tragedy Of (Ignoring) The Information Semicommons: A Cultural Environmental Perspective, Robert Lee Cunningham
The second enclosure movement critique is familiar theoretical territory for scholars concerned with the creeping maximalist impulse of Intellectual Property Rights (IPRs). Just as the first enclosure movement relating to real property created controversies concerning social contract and the advertised efficiencies of private real property, so too these concerns are echoed within the context of IPRs. This paper employs the emergent discourse of cultural environmentalism so as to diagnose and resolve IPR issues evident within the information environment. Cultural environmentalism borrows, begs and steals analytical frameworks from environmentalism, such as those relating to the commons, public choice theory, welfare economics ...
Valuing Intellectual Property: An Experiment, 2009 Chicago-Kent College of Law
Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman
Christopher J. Buccafusco
In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions ...
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, 2009 Chicago-Kent College of Law
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David Simon
Individuals often view copyright law as a tool authors or media conglomerates use to advance their interests. But other entities also use copyright law to benefit themselves. One such entity, upon which this Article focuses, is the religious organization. While religion organizations employ copyright law for a number of reasons, they have two primary motivations for doing so: to censor others and to preserve the purity of their religion’s doctrine. These two motivations steer religious groups into court where their objectives meet the limits of copyright law head on.
Before reaching the issues that arise in court, however, this ...
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, 2009 Australian National University
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Thomas A Faunce
The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, as well as ...
High-Stakes Sleuthing - What You Should Know About Protecting Your Trade Secrets, 2009 Miller, Canfield, Paddock and Stone, PLC
High-Stakes Sleuthing - What You Should Know About Protecting Your Trade Secrets, Matthew P. Allen
Matthew P. Allen
No abstract provided.
An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, 2009 Harvard Law School
An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, Gregory M. Dickinson
Gregory M Dickinson
Almost all courts to interpret Section 230 of the Communications Decency Act have construed its ambiguously worded immunity provision broadly, shielding Internet intermediaries from tort liability so long as they are not the literal authors of offensive content. Although this broad interpretation effects the basic goals of the statute, it ignores several serious textual difficulties and mistakenly extends protection too far by immunizing even direct participants in tortious conduct.
This analysis, which examines the text and history of Section 230 in light of two strains of pre-Internet vicarious liability defamation doctrine, concludes that the immunity provision of Section 230, though ...
Enhancement Of Protection Of Geographical Indications, 2009 Christ University School of Law
Enhancement Of Protection Of Geographical Indications, Dharmendra Chatur
Should the additional protection granted to Wines and Spirits under TRIPS be guaranteed to all other Geographical Indications?
Patent Challenges And Royalty Inflation, 2009 Villanova University School of Law
Patent Challenges And Royalty Inflation, Michael Risch
Eliminating bad patents is supposed to be a good thing, and so federal law allows any interested party to challenge a patent's validity almost any time. But the law goes a step further than merely conferring broad challenge rights. It also makes them nearly impossible to contract away. Instead, federal law voids any agreement not to challenge a patent. While a contract ordinarily signifies a final resolution of all issues covered by its terms, no such peace exists in patent licensing. This inalienability of patent challenge rights comes at a cost, a cost borne by many patent licensees and ...