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Intellectual Property Law Commons

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The Creation Of University Intellectual Property: Confidential Information, Data Protection, And Research Ethics, Margaret Ann Wilkinson 2010 Western University

The Creation Of University Intellectual Property: Confidential Information, Data Protection, And Research Ethics, Margaret Ann Wilkinson

Law Publications

Protection of commercial confidences is both required as part of the intellectual property provisions of current trade agreements and routinely prerequisite for achieving patent protection. This paper discusses the protection of such commercial confidences and the relationship of this protection with the statutory regime in Canada of personal data protection, but does so within the specific context of an examination of these matters in light of the governance of the processes of research conducted in universities. The nexus of university research and commercial research occurs frequently—for example, in the area of the development and testing of drugs in Canada ...


A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley 2010 University of Georgia School of Law

A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley

Scholarly Works

Some of the most important statements in our nation’s rich copyright jurisprudence were written by Justice Holmes over a century ago in Bleistein v. Donaldson Lithographing Co.,a case holding that circus posters were entitled to copyright protection.

In Bleistein, Justice Holmes stated that “[i]t would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of [writings, illustrations, music and other forms of expression] outside of the narrowest and most obvious limits.” This announced what has been called the principle of “aesthetic non-discrimination.

“Pull My Finger Fred,” and ...


Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele 2010 Indiana University - Purdue University Indianapolis

Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele

Library Staff Publications

No abstract provided.


Copyright Provisions In Law Journal Publication Agreements, Benjamin J. Keele 2010 Indiana University - Purdue University Indianapolis

Copyright Provisions In Law Journal Publication Agreements, Benjamin J. Keele

Library Staff Publications

Mr. Keele examines copyright provisions of law journal publication agreements and finds that a minority of journals ask authors to transfer copyright. Most journals also permit authors to self-archive articles. He recommends journals make their agreements publicly available and use licenses instead of copyright transfers.


The Grammar Of Trademarks, Laura A. Heymann 2010 William & Mary Law School

The Grammar Of Trademarks, Laura A. Heymann

Faculty Publications

How do people talk when they talk about trademarks? If trademarks have
become, as linguist Geoffrey Nunberg suggests, our “new global tongue,”
perhaps we should pay greater attention to the grammar we use when we
talk about them. We use “Coke” to refer to the Coca-Cola beverage in the
North, and “coke” to refer to any kind of soda in the South, yet we still
manage to get the drinks we desire. We use trademarks as verbs—we
“xerox” a document or “tivo” a television program—without losing sight
of the fact that “Xerox” and “TiVo” are brands of particular ...


Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman 2010 Carroll, Burdick & McDonough LLP; Bucerius Law School Hamburg, Germany; U.C. Hastings; Riga Graduate School of Law, Riga Latvia

Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman

Marquette Intellectual Property Law Review

As the information society advances, vastly increased numbers of utilitarian information works (UIW) are being produced. In general, these works are deemed protected by copyright law, even though the philosophical underpinnings of copyright law clash with the attributes of UIW. This Article examines the cause for the uneasy relationship between UIW and the concept of originality. Part I discusses the role of information and UIW as one of the core wealth-producing assets of the knowledge-based economy. This economy is characterized by a rapid pace of innovation, which in turn, requires unrestricted access to information. Part II examines copyright law as ...


Fixing Our Broken Patent System, Jay Dratler 2010 University of Akron Law School

Fixing Our Broken Patent System, Jay Dratler

Marquette Intellectual Property Law Review

This short Article digests what the Author see as the most important substantive criticism and proposes specific solutions in the form of the "guts" of a new patent statute. Its statutory proposal tracks the current statute's organization and has numerous annotations explaining what is the same, what is changed and why, and what never-before-codified principles of judge-made law are explicitly codified. Among the proposed statute's fundamental changes are: (1) explicit restrictions on patentable subject matter to avoid patents on bare abstractions; (2) adoption of a first-to-file system requiring worldwide novelty; (3) abolition of the doctrine of constructive reduction ...


Emerging Scholars Series: A Re-Examination Of The Original Foundations Of Anglo-American Trademark Law, Cesar Ramirez-Montes 2010 University of Leeds

Emerging Scholars Series: A Re-Examination Of The Original Foundations Of Anglo-American Trademark Law, Cesar Ramirez-Montes

Marquette Intellectual Property Law Review

Contemporary accounts of the normative basis of Anglo-American trademark law frequently describe the purpose of the legal doctrine as having developed to protect primarily the consumers from being misled. Recently, some commentators have offered a different account of the law, as having developed to protect mainly the interests of the traders in not having their trade diverted. Under this account, early trademark law served one master only, the producer, with any additional benefit or protection to consumers being unintended. In this Article, the Author challenges both accounts and suggest that early trademark law was not driven by any judicial desire ...


Generic Entry In A Rough Economy - Proposed Legislation May Ease Health Care Costs, Laura J. Grebe 2010 Marquette University Law School

Generic Entry In A Rough Economy - Proposed Legislation May Ease Health Care Costs, Laura J. Grebe

Marquette Intellectual Property Law Review

When generic drugs seek FDA approval, the pharmaceutical company files an Abbreviated New Drug Application (ANDA), in which the generic company establishes bioequivalence to its usually patented counterpart. The ANDA filer must also certify that, to the best of the filer's knowledge, the generic will not infringe on a current patent-holder's rights. This can be done by showing (1) no patent on the product exists, (2) the patent is expired, (3) the patent will expire by the time the generic is marketed, or (4) the ANDA filer believes the patent is invalid - called a Paragraph IV certification. A ...


Complimentary Creation: Protecting Fan Fiction As Fair Use, Rachel L. Stroude 2010 Marquette University Law School

Complimentary Creation: Protecting Fan Fiction As Fair Use, Rachel L. Stroude

Marquette Intellectual Property Law Review

This Comment discusses, by focusing on the treatment of fan fiction, the tension a court faces each time it encounters a fair use doctrine analysis. First, this Comment describes the nature of fan fiction, the two types of fan fiction referential works and participatory works, and the potential commerciality of fan fiction. Second, this Comment analyzes courts' treatment of referential works and explains why courts have not encountered participatory works. Next, this Comment discusses that while courts have guided authors of referential works regarding how to create a non-infringing work, courts have yet to consider how to protect participatory works ...


Online Auction House Liability For The Sale Of Trademark Infringing Products, Allison N. Ziegler 2010 Marquette University Law School

Online Auction House Liability For The Sale Of Trademark Infringing Products, Allison N. Ziegler

Marquette Intellectual Property Law Review

With the rise of the Internet, trademark owners have seen an increase in online trademark infringement. This Comment examines online auction house liability for the sale of trademark infringing products and the methodology used by courts in making this determination. The author outlines contributory trademark jurisprudence in the United States and France and the application of this jurisprudence in Tiffany v. EBay and LVMH v. EBay, respectively. The article then evaluates the implications of the two approaches to determine which approach is more practical and effective. The author concludes that online auction houses should not be liable for trademark infringement ...


Table Of Contents, 2010 Marquette University Law School

Table Of Contents

Marquette Intellectual Property Law Review

None.


Table Of Contents, 2010 Marquette University Law School

Table Of Contents

Marquette Intellectual Property Law Review

None.


The Invention Of Common Law Play Right, Jessica D. Litman 2010 University of Michigan Law School

The Invention Of Common Law Play Right, Jessica D. Litman

Articles

This Article explores playwrights' common law "play right." Since this conference celebrates the 300th birthday of the Statute of Anne, I begin in England in the 17th Century. I find no trace of a common law playwright's performance right in either the law or the customary practices surrounding 17th and 18th century English theatre. I argue that the nature and degree of royal supervision of theatre companies and performance during the period presented no occasion (and, indeed, left no opportunity) for such a right to arise. I discuss the impetus for Parliament's enactment of a performance right statute ...


D Is For Digitize: An Introduction, James Grimmelmann 2010 University of Maryland Francis King Carey School of Law

D Is For Digitize: An Introduction, James Grimmelmann

Faculty Scholarship

This brief introductory essay reviews the history of D is for Digitize conference on the Google Books settlement and provides an overview of the seven articles in the symposium issue.


The 1909 Copyright Act In International Context, Daniel J. Gervais 2010 Vanderbilt University Law School

The 1909 Copyright Act In International Context, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

The passage of the 1909 U.S. Copyright Act was embedded in a significant period of evolution for international copyright law. Just a year before, the Berne Convention had been revised for the second time. This Berlin (1908) Act of the Convention in remembered in par-ticular for the introduction of a broad prohibition against formalities concerning the "exercise and enjoyment" of copyright. 1909 was also just one year before a new copyright bill was brought before the Brit-ish Parliament. This Copyright Act, finally adopted in December 1911 and which entered into force in July 1, 1912, greatly influenced laws in ...


A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson 2010 American University Washington College of Law

A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson

American University International Law Review

This article covers a timely set of issues concerning the relationship between intellectual property rights (“IPRs”) associated with foreign investments, state-authorized compulsory licenses, trade law (in particular, the TRIPS Agreement), and claims for indirect expropriation that might be brought in investment arbitration. I focus, as a case study, on compulsory licenses and claims of indirect expropriation. Compulsory licenses bear an inherently contentious character. This government authorized license often presents a clash between significant opposing interests – on one side, the legitimate expectations of patent based foreign investors founded on the international investment agreement (“IIA”) and a patent regime that, for well ...


What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss 2010 NYU School of Law

What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss

American University Law Review

No abstract provided.


Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter 2010 University of New Hampshire School of Law

Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter

Law Faculty Scholarship

Music sharing is one of the most controversial topics in copyright law. And mix tapes have been the classic, iconic form of music sharing for the last 30 years. Even in the face of technological development so rapid and far-reaching as to remove the literal “tape” from “mix tape,” there are nonetheless modern incarnations that crop up on a regular basis, from mix CDs to mix-sharing websites. Social norms permit and even encourage the creation of these modern mix tapes for such diverse reasons as wedding favors and birthday gifts.

If copyright law is meant to promote creativity and proscribe ...


The Copyright Principles Project: Directions For Reform, Jessica D. Litman, Pamela Samuelson, The Copyright Principles Project 2010 University of Michigan Law School

The Copyright Principles Project: Directions For Reform, Jessica D. Litman, Pamela Samuelson, The Copyright Principles Project

Articles

Copyright law performs a number of important functions. It facilitates public access to knowledge and a wide range of uses of creative works of authorship, and, in so doing, it helps educate our populace, enrich our culture, and promote free speech, free expression, and democratic values. It provides opportunities for rights holders to recoup investments in creating and disseminating their works and to enjoy the fruits of whatever success arises from the public's uses of their works. In the process, copyright also plays a role in regulating new technologies and services through which creative works may be accessed. A ...


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