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Intellectual Property Law

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Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr. Jan 1985

Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr.

Vanderbilt Journal of Transnational Law

This Note outlines the purpose, scope and operation of the GSP from 1976 until 1984. Both the initial authorizing legislation and the 1984 Trade Act are analyzed. The 1979 modifications made in the Trade Agreement Act are briefly discussed where they are relevant. The 1984 Trade Act changes are detailed, with commentary on the manner in which the renewed GSP differs materially from prior law, and with discussion of the underlying policies and significance of the changes. The Note concludes with comments on the diverse objectives of the United States GSP scheme, its evolving nature, and prospects for continuation of …


High Technology, The Human Image, And Constitutional Value, Patrick L. Baude Jan 1985

High Technology, The Human Image, And Constitutional Value, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


Reforms And Innovations Regarding Authors' And Performers' Rights In France: Commentary On The Law Of July 3, 1985, Jane C. Ginsburg Jan 1985

Reforms And Innovations Regarding Authors' And Performers' Rights In France: Commentary On The Law Of July 3, 1985, Jane C. Ginsburg

Faculty Scholarship

Following thirteen months of parliamentary deliberations, on July 3, 1985, France enacted a law which brings major reforms and additions to its copyright act of March 11, 1957. The new law becomes effective on January 1, 1986. Among the French modernizations and innovations discussed in this Article are the new law's provisions regarding: computer software protection and ownership; royalties for home taping of audio and audiovisual works; and the recognition and regulation of "neighboring rights." These provisions extend statutory protection for the contributions of performing artists, and also accord reproduction and performance rights to the producers of phono- and videograms. …


Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman Dec 1984

Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman

Washington Law Review

As global trade grows, intellectual property rights become increasingly important. United States corporations must often seek redress for infringement of their intellectual property rights in foreign forums. Taiwan has an international reputation for commercial counterfeiting. United States corporations with no presence in Taiwan are sometimes victims of infringement there. This Note describes the problems a non-recognized United States corporation presently faces in protecting its intellectual property rights in Taiwan and proposes a solution embodied in the United States-Republic of China (ROC) Treaty of Friendship, Commerce, and Navigation (FCN Treaty). A criminal case instituted by Apple Computer in Taiwan illustrates the …


The Challenge Of Computer-Crime Legislation: How Should New York Respond?, Amalia M. Wagner Oct 1984

The Challenge Of Computer-Crime Legislation: How Should New York Respond?, Amalia M. Wagner

Buffalo Law Review

No abstract provided.


Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy Oct 1984

Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy

Faculty Publications

No abstract provided.


Litigating The Validity And Infringement Of Software Patents, William L. Anthony, Jr., Robert C. Colwell Sep 1984

Litigating The Validity And Infringement Of Software Patents, William L. Anthony, Jr., Robert C. Colwell

Washington and Lee Law Review

No abstract provided.


Copyrightability Of Computer Operating Systems Sep 1984

Copyrightability Of Computer Operating Systems

Washington and Lee Law Review

No abstract provided.


Fair Use In Commercial Advertising Sep 1984

Fair Use In Commercial Advertising

Washington and Lee Law Review

No abstract provided.


A Common Law For The Ages Of Intellectual Property, Dan Rosen Sep 1984

A Common Law For The Ages Of Intellectual Property, Dan Rosen

University of Miami Law Review

This Article maintains that the rapid pace of technological advances requires that courts take an activist posture in intellectual property cases by updating the Copyright Act and the Patent Law instead of awaiting congressional response.


Satellite/Dish Antenna Technology: A Copyright Owner's Dilemma, Sydnee Robin Singer Jul 1984

Satellite/Dish Antenna Technology: A Copyright Owner's Dilemma, Sydnee Robin Singer

Indiana Law Journal

No abstract provided.


Patenting Inventions That Embody Computer Programs Held As Trade Secrets—White Consolidated Industries V. Vega Servo-Control, 713 F.2d 788 (Fed. Cir. 1983), Ellen Lauver Weber Jul 1984

Patenting Inventions That Embody Computer Programs Held As Trade Secrets—White Consolidated Industries V. Vega Servo-Control, 713 F.2d 788 (Fed. Cir. 1983), Ellen Lauver Weber

Washington Law Review

An inventor develops a numerical control system that allows a computer program to control the complex operation of machine tools such as drill bits. One of the elements in the numerical control system is a trade secret available only from the inventor. The inventor would like to patent the system as a whole, but an inventor must generally disclose how the invention works in order to obtain a patent. Must this inventor completely disclose how the trade secret works in order to obtain a patent on the whole system? The Federal Circuit Court of Appeals said "yes" in White Consolidated …


The Freelancer's Trap: Work For Hire Under The Copyright Act Of 1976, Johanna Fisher Stewart Jun 1984

The Freelancer's Trap: Work For Hire Under The Copyright Act Of 1976, Johanna Fisher Stewart

West Virginia Law Review

No abstract provided.


Fair Use Old And New: The Betamax Case And Its Forebears, M. B. W. Sinclair Apr 1984

Fair Use Old And New: The Betamax Case And Its Forebears, M. B. W. Sinclair

Buffalo Law Review

No abstract provided.


An Overview Of Sex Discrimination In Amateur Athletics, Jeffrey K. Riffer Jan 1984

An Overview Of Sex Discrimination In Amateur Athletics, Jeffrey K. Riffer

UC Law SF Communications and Entertainment Journal

Sex-based discrimination in interscholastic sports has recently been challenged by both male and female athletes. The courts have reached conflicting decisions as to whether such discrimination should be allowed and, if so, under what circumstances. The author analyzes the constitutional and statutory bases of these decisions. The author argues that this area remains in confusion because many of these decisions inadequately consider the issues involved or are based on stereotypical views of male and female athletic ability.


The Seven-Year Itch: California Labor Code Section 2855, Jonathan Blaufarb Jan 1984

The Seven-Year Itch: California Labor Code Section 2855, Jonathan Blaufarb

UC Law SF Communications and Entertainment Journal

California Labor Code section 2855 applies a seven-year limit to the enforceability of personal service contracts. This note discusses section 2855 as it applies to the unique contractual practices of the entertainment industry, particularly the industry's use of mid-term contractual extensions and agreements. The author analyzes the courts' application of section 2855 in two representative cases and concludes that greater statutory guidance is needed in order for the courts to better interpret section 2855. The author suggests that an interpretive provision be added to section 2855 to create a "rebuttable presumption" that a personal service contract which is renegotiated mid-term …


Mother Knows Best: Reconciling Parental Consent With Minors' Rights In Shields V. Gross, Charmaine Jefferson Jan 1984

Mother Knows Best: Reconciling Parental Consent With Minors' Rights In Shields V. Gross, Charmaine Jefferson

UC Law SF Communications and Entertainment Journal

The author analyzes the possibility that New York courts have eliminated a minor's common law right to disaffirm contracts under some circumstances. Sections 50 and 51 of New York's Civil Rights Law require the consent of a minor's parent or guardian for use of the minor's name, portrait, or picture. A parent's or guardian's consent may preclude the minor from later disaffirming a contract for the use of his or her name or photograph. The author suggests possible changes in legislation to protect the minor, as well as alternative legal approaches to prevent the use of photographs to which the …


The Policy Implications Of Granting Patent Protection To Computer Software: An Economic Analysis, Jeffrey S. Goodman Jan 1984

The Policy Implications Of Granting Patent Protection To Computer Software: An Economic Analysis, Jeffrey S. Goodman

Vanderbilt Law Review

This Note analyzes the propriety of granting patent law protection to computer software by viewing this problem from economic, legal, public and technological policy perspectives. Part II explains the relationship between computer hardware and software, discusses the role of algorithms in software development,and traces the development of the computer software industry.Part III analyzes the economic policies underlying the patent system. Part IV identifies the patent law principles that are relevant to the software patentability issue and discusses their underlying policy foundations. Part V examines the Supreme Court's application of these principles in the leading software patent cases and concludes that …


Trade Secret And Copyright Protection Of Computer Software, 4 Computer L.J. 669 (1984), Ray A. Mantle Jan 1984

Trade Secret And Copyright Protection Of Computer Software, 4 Computer L.J. 669 (1984), Ray A. Mantle

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Means-Plus-Function Claims In Computer Related Patent Applications Within The United States, 5 Computer L.J. 25 (1984), Stephen A. Becker Jan 1984

Means-Plus-Function Claims In Computer Related Patent Applications Within The United States, 5 Computer L.J. 25 (1984), Stephen A. Becker

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Trade Secret Protection Of Computer Software, 5 Computer L.J. 77 (1984), Vytas M. Rimas Jan 1984

Trade Secret Protection Of Computer Software, 5 Computer L.J. 77 (1984), Vytas M. Rimas

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Software Rental, Piracy And Copyright Protection, 5 Computer L.J. 125 (1984), Debra S. Wilson Jan 1984

Software Rental, Piracy And Copyright Protection, 5 Computer L.J. 125 (1984), Debra S. Wilson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Computer Copyright Law: An Emerging Form Of Protection For Object Code Software After Apple V. Franklin, 5 Computer L.J. 233 (1984), Anderson L. Baldy Iii Jan 1984

Computer Copyright Law: An Emerging Form Of Protection For Object Code Software After Apple V. Franklin, 5 Computer L.J. 233 (1984), Anderson L. Baldy Iii

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Copyright Protection For Computer Flow Logic And Algorithms, 5 Computer L.J. 257 (1984), Virginia Johnson Jan 1984

Copyright Protection For Computer Flow Logic And Algorithms, 5 Computer L.J. 257 (1984), Virginia Johnson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Prime Time Access Rule: Six Commandments For Inept Regulation, Thomas G. Krattenmaker Jan 1984

The Prime Time Access Rule: Six Commandments For Inept Regulation, Thomas G. Krattenmaker

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission's Prime Time Access Rule (PTAR) forbids television stations affiliated with the major networks from broadcasting certain programs during certain hours if the programs were produced for one of the major networks. The author examines the reasons PTAR is favored by the networks but concludes that PTAR should be repealed since it does not further any goals of network regulation, disregards viewer welfare, and clashes with anticensorship policies. The author suggests that regulatory inaction will increase competition among the networks for viewers, eventually forcing the networks themselves to push for PTAR's repeal.


Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer Jan 1984

Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer

UC Law SF Communications and Entertainment Journal

Political unrest in many regions of the world presents dangers to journalists, and thereby threatens the free flow of information. UNESCO's proposal to license international correspondents in order to help insure their safe conduct has met with strong criticism from the American press. This commentary examines several human rights instruments and their limited enforceability and suggests that there may be other viable options, including treaties and internal codes of ethics, that would stem the trend of violence against reporters.


Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair Jan 1984

Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair

Articles by Maurer Faculty

No abstract provided.


Tuning Out The Electorate: Early Network Projections And Decreased Voter Turnout, Jeff Polsky Jan 1984

Tuning Out The Electorate: Early Network Projections And Decreased Voter Turnout, Jeff Polsky

UC Law SF Communications and Entertainment Journal

The author offers evidence that television and radio coverage of elections prior to the closing of polls nationwide influences election results and thereby interferes with the electoral process. The author examines several possible solutions and concludes that the most effective solutions are restrictions on exit-polling and prohibitions against early broadcasts of election result projections. Acknowledging that such restrictions or prohibitions raise first amendment issues, the author argues that the primary purpose of the first amendment is protection of our system of self-government. The author concludes that broadcasts of early election projections deter people from voting and that the first amendment …


Remedies For Misappropriation Of Motion Picture And Television Story Ideas, Jonathan D. Cohen Jan 1984

Remedies For Misappropriation Of Motion Picture And Television Story Ideas, Jonathan D. Cohen

UC Law SF Communications and Entertainment Journal

A storyline is the foundation of any motion picture or television program. However, basic storylines are afforded little protection under the copyright laws. This note analyzes the extent of protection afforded storylines under federal and California copyright law. The author discusses ways an author may fashion his storyline in order to afford it greater copyright protection, as well as remedies available to a storyline writer when infringement does occur.


Consumers Union Of United States, Inc., V. General Signal Corp: Commercial Free Speech And The Fair Use Doctrine Of Copyright, Clifford E. Berman Jan 1984

Consumers Union Of United States, Inc., V. General Signal Corp: Commercial Free Speech And The Fair Use Doctrine Of Copyright, Clifford E. Berman

Loyola University Chicago Law Journal

No abstract provided.