“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900.,
2012
American University Washington College of Law
“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll
Michael W. Carroll
Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …
Workshop On Research And Resource Commons In Scientific Research: Final Report,
2012
American University Washington College of Law
Workshop On Research And Resource Commons In Scientific Research: Final Report, Michael W. Carroll
Michael W. Carroll
In November of 2011, the Washington College of Law at American University convened and hosted a two-day workshop in collaboration with the Creative Commons to develop a strategy for promoting a commons or scientific research and related resources. The workshop brought together interested stakeholders from across the scientific research enterprise: scientists, administrators, librarians, publishers, societies, technologists, lawyers, policy makers, students, funders, and Open Science advocates, including both U.S. and international representatives. This diverse group discussed the current state of policy and technology as it relates to a scientific research commons, and identified key opportunities and challenges, as well as next …
Copyright And Fair Use : An Introduction For Faculty,
2012
University of Massachusetts - Amherst
Copyright And Fair Use : An Introduction For Faculty, Laura Quilter
Laura Quilter
In this overview of copyright issues for faculty and researchers, we will discuss how copyright affects you: how to protect and get credit for your work, share what you want to share, and use others' work. Special attention will be given to both questions and problems with using other people's work -- relying on fair use, and asking for permission if it's not a fair use -- and the best ways to manage your own copyrights and licenses. Plenty of time for discussion and questions!
About Intellectual Property & Its Relevance To India (Interview In Tamil Language),
2012
University of Oklahoma College of Law
About Intellectual Property & Its Relevance To India (Interview In Tamil Language), Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
America’S First Patents,
2012
University of Florida Levin College of Law
America’S First Patents, Michael Risch
Florida Law Review
Courts and commentators vigorously debate early American patent history because of a spotty documentary record. To fill these gaps, scholars have examined the adoption of the Intellectual Property Clause of the Constitution, correspondence, dictionaries, and British and colonial case law. But there is one largely ignored body of information—the content of early patents themselves. While many debate what the founders thought, no one asks what early inventors thought—and those thoughts are telling. This Article is the first comprehensive examination of how early inventors and their patents should inform our current thoughts about the patent system. To better understand our early …
Variations In Climatic Parameters And Food Crop Yields: Implications On Food Security In Benue State, Nigeria.,
2012
Benue State University
Variations In Climatic Parameters And Food Crop Yields: Implications On Food Security In Benue State, Nigeria., Emmanuel Adamgbe, Fanan Ujoh
Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria
Agricultural production in Nigeria like in other developing countries is highly vulnerable to variations in climatic parameters which may have inverse or direct effect on the performance of food crops. This paper examines the patterns and trends of the variations in the climatic parameters and the implications of such variations on efficient yield rates of some food crops in Benue State using data on climatic variables (rainfall, temperature, sunshine) and the yield of some crops per hectare for 25 years (1986-2010). Data on the climatic variables were collected from the Nigerian Meteorological Agency, AirForce Base, Makurdi while the data on …
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com,
2012
Seattle University School of Law
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
Seattle University Law Review
While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …
Patents For Humanity,
2012
Australian National University College of Law
Patents For Humanity, Matthew Rimmer
Matthew Rimmer
This article evaluates two policy initiatives by the United States Government to address access to essential medicines—Priority Review vouchers and “Patents for Humanity”. Such proposals are aimed at speeding up the regulatory review of inventions with humanitarian uses and applications by the United States Food and Drug Administration, and the United States Patent and Trademark Office. It is argued that such measures fall short of international standards and norms established by the World Intellectual Property Organization Development Agenda 2007; the World Trade Organization’s Doha Declaration on the TRIPS Agreement and Public Health 2001 and the WTO General Council Decision of …
Statement Of Principles On Intellectual Property Rules In Free Trade Agreements,
2012
Texas A&M University School of Law
Statement Of Principles On Intellectual Property Rules In Free Trade Agreements, Peter Yu
Peter K. Yu
No abstract provided.
The Myth And Reality Of Dilution,
2012
Thomas Jefferson School of Law
The Myth And Reality Of Dilution, Sandra L. Rierson
Duke Law & Technology Review
Statutory dilution claims are traditionally justified on the theory that even non-confusing uses of a famous trademark (or similar mark) can nonetheless minutely dilute the source-identifying capacity of the targeted trademark. This Article challenges that theory. The evidence that this phenomenon occurs is weak and has been subject to substantial empirical challenge. The true foundation for dilution claims lies not in alleged economic harms, but rather the misplaced fiction of corporate personality. We do not require trademark holders to prove actual economic injury in the context of a dilution claim because, at least in the vast majority of cases, there …
A Submission To The New Zealand Government On The Plain Packaging Of Tobacco Products,
2012
Australian National University College of Law
A Submission To The New Zealand Government On The Plain Packaging Of Tobacco Products, Matthew Rimmer
Matthew Rimmer
EXECUTIVE SUMMARYThis submission draws upon a number of pieces of research and policy papers on the plain packaging of tobacco products including:1. Becky Freeman, Simon Chapman, and Matthew Rimmer, 'The Case for the Plain Packaging of Tobacco Products' (2008) 103 (4) Addiction 580-590.2. Matthew Rimmer, 'A Submission to the Senate Legal and Constitutional Committee on the Trade Marks Amendment (Tobacco Plain Packaging) Bill (Cth)', September 2011, https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=dabfcd75-9807-493f-bc99-4a7506bf493b3A. Matthew Rimmer, 'Tobacco's Mad Men Threaten Public Health', The Conversation, 23 September 2011, http://theconversation.edu.au/tobaccos-mad-men-threaten-public-health-34503B. Matthew Rimmer, 'Big Tobacco's Box Fetish: Plain Packaging at the High Court', The Conversation, 20 April 2012, https://theconversation.edu.au/big-tobaccos-box-fetish-plain-packaging-at-the-high-court-65183C. Matthew …
Competition In Information Technologies: Standards-Essential Patents, Non-Practicing Entities And Frand Bidding,
2012
University of Pennsylvania Carey Law School
Competition In Information Technologies: Standards-Essential Patents, Non-Practicing Entities And Frand Bidding, Herbert J. Hovenkamp
All Faculty Scholarship
Standard Setting is omnipresent in networked information technologies. Virtually every cellular phone, computer, digital camera or similar device contains technologies governed by a collaboratively developed standard. If these technologies are to perform competitively, the processes by which standards are developed and implemented must be competitive. In this case attaining competitive results requires a mixture of antitrust and non-antitrust legal tools.
FRAND refers to a firm’s ex ante commitment to make its technology available at a “fair, reasonable and nondiscriminatory royalty.” The FRAND commitment results from bidding to have one’s own technology selected as a standard. Typically the FRAND commitment is …
Who Won In Sony’S Ps3 Jailbreak Battle?,
2012
American University Washington College of Law
Who Won In Sony’S Ps3 Jailbreak Battle?, Jess Robinson
Intellectual Property Brief
No abstract provided.
Ibm’S Watson Beats Humans On Jeopardy; Up Next: Searching The Prior Art?,
2012
American University Washington College of Law
Ibm’S Watson Beats Humans On Jeopardy; Up Next: Searching The Prior Art?, Suba Ganesan
Intellectual Property Brief
No abstract provided.
Neil Gaiman Says Internet Piracy Is “People Lending Books”,
2012
American University Washington College of Law
Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos
Intellectual Property Brief
No abstract provided.
The America Invents Act Makes U.S. One Step Closer To First-To-File System,
2012
American University Washington College of Law
The America Invents Act Makes U.S. One Step Closer To First-To-File System, Aaron Gleaton
Intellectual Property Brief
No abstract provided.
Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life,
2012
American University Washington College of Law
Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life, Robert Ellis
Intellectual Property Brief
No abstract provided.
Balkanization Of The Local Patent Rules And A Proposal To Balance Uniformity And Local Experimentation,
2012
American University Washington College of Law
Balkanization Of The Local Patent Rules And A Proposal To Balance Uniformity And Local Experimentation, Grace Pak
Intellectual Property Brief
No abstract provided.
Towards A Doctrine Of Fair Use In Some Of Patent Law,
2012
American University Washington College of Law
Towards A Doctrine Of Fair Use In Some Of Patent Law, Joshua I. Miller
Intellectual Property Brief
No abstract provided.
Stifling Scientific Progress: The District Court’S Decision In Myriad,
2012
American University Washington College of Law
Stifling Scientific Progress: The District Court’S Decision In Myriad, Seth R. Ogden
Intellectual Property Brief
No abstract provided.
