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Ideology And Exceptionalism In Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, Maxim Sytch Jan 2009

Ideology And Exceptionalism In Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, Maxim Sytch

Faculty Articles

In this Article, we examine the effect of judicial ideology on IP case outcomes before the Supreme Court from 1954 to 2006. We find that ideology is a significant determinant of IP cases: the more conservative a justice is, the more likely he or she is to vote in favor of recognizing and enforcing rights to intellectual property. We also find evidence that the relationship is more complex than a purely ideological account would suggest; our results suggest that law matters too. We find that a number of factors that are specific to IP are also consequential. Additionally, we show …


Marks Of Rectitude, Margaret Chon Jan 2009

Marks Of Rectitude, Margaret Chon

Faculty Articles

Trademarks and certification marks increasingly denote sustainability or social responsibility standards. These marks of rectitude are particularly noticeable in the context of global trade, where market integration is accompanied by relatively uneven integration of environmental, labor and other standards, and where consumers in the so-called global North choose how to empower producers and/or encourage development of markets in the global South. But consumer participation in these transactions is under-explored by reference to criteria such as the quality not to mention accountability and transparency of the standards embedded within the goods or services. Newer stakeholders and meaning-makers such as the largely …


International Legal Protection Of Trademarks In China, Robert H. Hu Jan 2009

International Legal Protection Of Trademarks In China, Robert H. Hu

Faculty Articles

This article addresses major trademark-related international regimes in which China participates. The article discusses the Chinese obligations under certain international treaties and agreements, both multilateral and bilateral, and use some Chinese court decisions to illustrate how these obligations are fulfilled in its judicial practice. Finally, the article provides an assessment of the effectiveness of these international regimes in China and offers observations on future development in protection through better enforcement. Three arguments are made: (1) International trademark law is taking roots in China; (2) China is taking its international obligations to protect trademarks seriously, and it has achieved much in …


Protecting Intellectual Property In China: A Selective Bibliography And Resource For Research, Robert H. Hu Jan 2009

Protecting Intellectual Property In China: A Selective Bibliography And Resource For Research, Robert H. Hu

Faculty Articles

This bibliography is intended to help American law students, attorneys, legal scholars, and law librarians to conduct research on Chinese intellectual property law, a topic of increasing importance, both theoretically and practically. The bibliography gathers books, book chapters, and law review articles to facilitate research in this subject area. Selected web sites are included to aid easy access to the Chinese IP laws, regulations, cases, and other relevant information.