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Full-Text Articles in Law
Doctrinal Approaches To The Animal Breeders’ Rights Granting, Diana V. Ivanova Dr., Julia A. Fedorova
Doctrinal Approaches To The Animal Breeders’ Rights Granting, Diana V. Ivanova Dr., Julia A. Fedorova
Diana V. Ivanova Dr.
In the paper we analyze foreign and national doctrinal approaches to the animal breeders’ rights granting. Its genesis, legal nature of animal breed, and location of related legal norms are considered. We try to justify the possibility of granting animal breeders’ rights in the Republic of Belarus.
Traditional Knowledge Rights And Wrongs, Sean Pager
Traditional Knowledge Rights And Wrongs, Sean Pager
Sean Pager
SourceURL:file://localhost/Users/sean/Documents/Folklore%20TK/Unpacking%20ABSTRACT.doc
Traditional Knowledge Rights and Wrongs
Sean A. Pager, Michigan State University
ABSTRACT
Should the intangible heritage of indigenous people be subject to intellectual property rights? After years of effort, international delegates are poised to complete a pair of ambitious treaties that would accomplish this goal. This Article provides the first detailed analysis and critique of the draft treaties, which provide for exclusive rights in traditional knowledge and cultural expression, respectively. Proponents of such protection often invoke both cultural integrity and economic justice rationales. Yet, these rationales dictate conflicting imperatives. To resolve these conflicts, the Article argues for greater differentiation …
Copyright In Pantomime
Brian L. Frye
Why does the Copyright Act specifically provide for the protection of “pantomimes”? This article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of “les pantomimes” and “entertainments in dumb show” in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to “pantomimes” was forgotten. This Article argues that …
The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris
The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris
Emily Michiko Morris
Once the stuff of science fiction, nanotechnology is now expected to be the next technological revolution, but despite millions of dollars of investment, we still have yet to see the brave new world of cheap energy, cell-specific drug delivery systems, and self-replicating nanobots that nanotechnology promises. Instead, nanotechnology seems to be in a holding pattern, perpetually stuck in the status of “emerging science,” “immature field,” and “new technology” for over three decades now. Why? Professor Mark Lemley and a number of others have suggested that the answer to this puzzling question is simple: nanotechnology differs from the all of the …
Traditional Knowledge Rights And Wrongs, Sean Pager
Traditional Knowledge Rights And Wrongs, Sean Pager
Sean Pager
Should the intangible heritage of indigenous cultures be subject to intellectual property rights? After years of effort, international delegates are poised to complete a pair of ambitious treaties that would accomplish this goal. This Article provides the first detailed analysis and critique of the draft treaties, which provide for exclusive rights in traditional knowledge and cultural expression, respectively. Proponents of such protection often invoke both cultural integrity and economic justice rationales. Yet, these rationales dictate conflicting imperatives. To resolve these conflicts, the Article argues for greater differentiation between the two draft treaties based on subject matter. Just as copyright and …
Ip Piracy & Developing Nations: A Recipe For Terrorism Funding, Brandy G. Robinson
Ip Piracy & Developing Nations: A Recipe For Terrorism Funding, Brandy G. Robinson
Brandy G Robinson
When events such as 9/11 hit the U.S., no one thought that terrorists funded these activities through intellectual property piracy. On the surface, intellectual property (IP) piracy and terrorism are two distant topics. However, these topics are not distant but closely connected, as terrorist groups thrive on IP piracy, especially in developing nations, which has led to successful terrorist funding opportunities. Because IP piracy evades normal detection and developing nations do not thoroughly understand it, terrorist groups gravitate towards IP piracy for funding, which presents a distinct global dilemma.
Intellectual property rights and laws, namely criminal enforcement mechanisms, are essential …
The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, Hannah W. Brennan
The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, Hannah W. Brennan
Hannah W Brennan
The United States spends nearly $1,000 per person annually on drugs—40 percent more than the next highest spender, Canada, and more than twice the amount France and Germany spend. Although myriad factors contribute to high drug spending in the United States, the crucial role that intellectual property laws play in inhibiting access to cheaper, generic medications is among one of the best documented. Yet, for the most part, the discussion of the relationship between intellectual property law and drug spending has centered on patent protection. Recently, however, a few researchers have turned their attention to a different exclusivity—trademark law. New …