Law Commons^™

Multi-Community Membership, Free Riders, And Effective Governance, Robert Suggs

Robert E. Suggs

No abstract provided.

Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates

Mark Perry

This Report analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as datasets, articles and theses. It is written in the context of an increasing recognition, in Australia and internationally, that access to knowledge is a key driver of social, cultural and economic development and that publicly funded research should be openly accessible. With the objective of enabling access to knowledge, this Report proposes the development of clear protocols for copyright management (designed as practical and effective tools) for implementation in the Australian academic and research sector The Report …

The New Private Ordering Of Intellectual Property, Lawrence Sung

Lawrence M. Sung

One consequence of the renewed U.S. Supreme Court interest in patent cases in recent years is an enhanced scrutiny on patent rights generally and, in particular, on the importance of better defining contracts to govern the patent rights among the parties. The Intellectual Property Law Program of the University of Maryland School of Law, in collaboratoin with the Business Law Program and the Journal of Business & Technology Law, convened a symposium on April 18, 2008 to consider the pertinent jurisprudence to inform prudent business practices in managing patent rights by private agreements. This Issue of the Journal includes a …

Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence Sung

Lawrence M. Sung

No abstract provided.

The Mechanical License And The Origins Of Regulatory Copyright, Joseph Liu

Joseph P. Liu

Book Review Of "Intellectual Proptery Rights In Eu Law: Free Movement And Competition Law, Mark Perry

Mark Perry

No abstract provided.

A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont

Jason John Du Mont

No abstract provided.

Patent Case Management Judicial Guide, Peter Menell

Peter Menell

A comprehensive, user-friendly, and practical judicial guide for managing patent cases. Although similar in many respects to other forms of complex civil litigation, patent cases pose distinctive case management challenges, including complex and dynamic technological facts to a degree rarely encountered in most other areas of litigation, and unique procedures (such as claim construction hearings) that affect and interact with other aspects of the case (such as summary judgment motions and expert reports). In addition, patent cases often entail distinctive and difficult discovery issues, extensive use of experts, and particularly complex dispositive and pretrial motion practice. The authors surveyed federal …

Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan

Ulf Maunsbach

No abstract provided.

The Analysis Of 'Amicus Curiae Briefs' In The Wto Dispute Settlement Proceedings, Pawarit Lertdhamtewe

Pawarit Lertdhamtewe

The aim of this article is to identify and illustrate to what extent has the WTO/DSU adopt its clear, coherent, and workable rules for the acceptance of amicus curiae briefs in the WTO dispute settlement proceedings.

Technology & Uncertainty: The Shaping Effect On Copyright Law, Ben Depoorter

Ben Depoorter

This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how uncertainty over the application of existing copyright law to newly emerging technology catalyzes the actions of copyright owners and users. I argue that uncertainty and delay (1) have an enabling effect on anticopyright sentiments, (2) lead to a greater reliance on self-help efforts by content providers and users, and (3) induce legislative involvement in copyright law. In the final …

Inside Guantanamo, Peter J. Honigsberg

Peter J Honigsberg

In May 2007 I visited Guantanamo Bay, Cuba. What I saw and experienced then are fading away and will soon disappear, now that two-thirds of the nearly 800 detainees have been released and President Obama will close the detention centers within the year. Consequently, this essay provides a historical account of one person's media visit to Guantanamo, when it was a fully-operational prison violating human rights, due process and international law.

The essay describes not only the visit but also the application process -- a bizarre experience. The military's application concluded with two quotes from the New Testament and included …