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Articles 1 - 24 of 24
Full-Text Articles in Law
The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan
The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan
Research Collection Yong Pung How School Of Law
The metaverse has been widely hailed as a symbol of technological progress, presenting an immersive virtual realm that has the potential to transform how individuals engage in social and commercial activities. However, this conception of a borderless virtual world - which purportedly transcends the capabilities and reach of Web 2.0 - sits uncomfortably with the territorial nature of intellectual property rights. This chapter examines the complexities surrounding the subsistence and enforcement of intellectual property rights within the metaverse, with a specific focus on copyright and trademarks. Especial attention is paid to issues concerning choice of law and jurisdiction. Finally, the …
Beyond Compulsory Licensing: Pfizer Shares Its Covid-19 Medicines With The Patent Pool, Chenglin Liu
Beyond Compulsory Licensing: Pfizer Shares Its Covid-19 Medicines With The Patent Pool, Chenglin Liu
Faculty Articles
On March 15, 2022, the United States, European Union, India, and South Africa reached an agreement on the waiver of intellectual property rights (IP rights) for COVID-19 vaccines. The waiver agreement has rekindled the debate on the balance between IP rights protection and equitable access to medicines during a public health crisis. India, South Africa, and other developing countries maintain that a waiver was the only way to make vaccines affordable and accessible. Leading pharmaceutical companies argue that the waiver will stifle innovation and make lifesaving medicines less accessible. Both sides have seemingly overlooked Pfizer's voluntary agreement with the Medicines …
Appropriation Of Artisans' Intellectual Property In Fashion Design Accessories: Piracy Disguised As Giving Back?, Clovia Hamilton
Appropriation Of Artisans' Intellectual Property In Fashion Design Accessories: Piracy Disguised As Giving Back?, Clovia Hamilton
Technology & Society Faculty Publications
Creative industries are industries focused on the creation and exploitation of intellectual propert, including art, fashion design, and related creative services, such as advertisement and sales. During a trip to Burkina Faso in \Nest Africa, Keri Fosse was taught by an African woman how to wrap newborns with fabric in a manner that creates a strong bond and frees the mother's hands for other tasks. Burkina Faso has a craft culture and is known for its woven cotton and the textile art of Bogolan. Bogolan is a technique original to Mali and involves the tradition of dyeing threads with bright …
Claiming Design, Mark Mckenna
Claiming Design, Mark Mckenna
Journal Articles
Design stands out among intellectual property subject matter in terms of the extent of overlapping protection available. Different forms of intellectual property usually protect different aspects of a product. In the design context, however, precisely the same features are often subject to design patent, trademark, and copyright protection-and parties commonly claim more than one of those forms. Yet, as we show, the claiming regimes of these three forms of design protection differ in significant ways: the timing of claims; claim format (particularly whether the claims are visual or verbal); the multiplicity of claims (whether and how one can make multiple …
Ip Law Post-Brexit, Graeme Dinwoodie, Richard Arnold, Lionel Bently, Estelle Derclaye
Ip Law Post-Brexit, Graeme Dinwoodie, Richard Arnold, Lionel Bently, Estelle Derclaye
All Faculty Scholarship
No abstract provided.
Copyright And The Use Of Images As Biodiversity Data [Forum Paper], Willi Egloff, Donat Agosti, Puneet Kishor, David J. Patterson, Jeremy A. Miller
Copyright And The Use Of Images As Biodiversity Data [Forum Paper], Willi Egloff, Donat Agosti, Puneet Kishor, David J. Patterson, Jeremy A. Miller
Concepts in Animal Parasitology Textbook
Taxonomy is the discipline responsible for charting the world’s organismic diversity, understanding ancestor/descendant relationships, and organizing all species according to a unified taxonomic classification system. Taxonomists document the attributes (characters) of organisms, with emphasis on those can be used to distinguish species from each other. Character information is compiled in the scientific literature as text, tables, and images. The information is presented according to conventions that vary among taxonomic domains; such conventions facilitate comparison among similar species, even when descriptions are published by different authors.
There is considerable uncertainty within the taxonomic community as to how to re-use images that …
Institutional Regime Shift In Intellectual Property Rights And Innovation Strategies Of Firms In China, Kenneth G. L. Huang, Xuesong Geng, Heli Wang
Institutional Regime Shift In Intellectual Property Rights And Innovation Strategies Of Firms In China, Kenneth G. L. Huang, Xuesong Geng, Heli Wang
Research Collection Lee Kong Chian School Of Business
This study develops a novel conceptual framework to understand the differential impact of formal institutional regime shift in intellectual property rights on the innovation and patenting strategies of Chinese and Western firms operating in China. We argue that to the extent that Chinese firms have been deeply embedded in China’s informal institutions,they are less responsive to formal institutional changes than Western firms operating in China. Using the major China patent law reform of 2001 as an exogenous event, we find results consistent with our key arguments: With the strengthening of the previously weak (utility model) patent protection, Chinese firms are …
Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii
Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Buying Teams, Andres Sawicki
Ethical Implications Of Intellectual Property In Africa, Dick Kawooya
Ethical Implications Of Intellectual Property In Africa, Dick Kawooya
Faculty Publications
No abstract provided.
Review Essay, Property Outlaws: How Squatters, Pirates, And Protesters Improve The Law Of Ownership By Eduardo Moisés Peñalver And Sonia K. Katyal, Ann Bartow
Law Faculty Scholarship
[Excerpt] "This book challenges the notion that rigidly fostering stability in the private ownership of property is the only appropriate goal of the legal system. The authors assert that dynamic sociopolitical responses to civil disobedience by lawbreakers sometimes propel beneficial legal reforms in a wide array of contexts. Property outlaws with clean hands and good hearts, they argue, can productively draw attention to the need to reform ossified property laws. In the words sometimes attributed to the historical rock star of successful civil disobedience Mohandas Ghandi: “First they ignore you, then they ridicule you, then they fight you, and then …
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper
Faculty Scholarship
This essay focuses on NAFTA and the contributions that this regional trade pact made to protect IPR and settle intellectual property (IP) disputes. It also explores the legacy of NAFTA in the context of the eventual WTO, and the rights provided by the TRIPS Agreement that was concluded as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations. Section II provides a brief historical background on how NAFTA fit into the world as countries began aligning themselves by creating various trade agreements. Section III surveys the provisions and legacy of NAFTA with respect to …
Costs, Norms, And Inertia: Avoiding An Anticommons For Proprietary Research Tools, Rebecca S. Eisenberg
Costs, Norms, And Inertia: Avoiding An Anticommons For Proprietary Research Tools, Rebecca S. Eisenberg
Book Chapters
A decade ago the scientific community was sounding alann bells about the impact of intellectual property on the ability of scientists to do their work. Protracted negotiations over access to patented mice and genes, scientific databases, and tangible research materials all pointed toward the same conclusion: that intellectual property claims were undennining traditional sharing norms to the detriment of science. Michael Heller and I highlighted one dimension of this concern: that too many intellectual property rights in 'upstream' research results could paradoxically restrict 'downstream' research and product development by making it too costly and burdensome to collect all the necessary …
Intellectual Property And The Safeguarding Of Traditional Cultures, Molly Torsen, Jane Anderson
Intellectual Property And The Safeguarding Of Traditional Cultures, Molly Torsen, Jane Anderson
Aboriginal Policy Research Consortium International (APRCi)
No abstract provided.
Intellectual Property, Medicine And Health: Current Debates, Stanley P. Kowalski
Intellectual Property, Medicine And Health: Current Debates, Stanley P. Kowalski
Law Faculty Scholarship
Johanna Gibson’ s “Intellectual Property, Medicine and Health: Current Debates” is an ambitious attempt to bridge the gap between IPR (largely patents) and the ethical, moral and philosophical issues which should influence global access to innovations in health. This intent is noteworthy and timely, as the complexities are important to address and there is an urgent need for clear-headed strategy. However, disappointingly, the book largely fails, as it is a rambling polemic that lacks focus, clarity and originality. Wading through the thicket of verbiage becomes so daunting that whatever message might be present is lost. The book also is flawed …
Allocating Patent Rights Between Earlier And Later Inventions, Charles W. Adams
Allocating Patent Rights Between Earlier And Later Inventions, Charles W. Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
On The Importance Of Intellectual Property Rights For E-Science And The Integrated Health Record, Giuseppina D'Agostino, Chris Hinds, Marina Jirotka, Charles Meyer
On The Importance Of Intellectual Property Rights For E-Science And The Integrated Health Record, Giuseppina D'Agostino, Chris Hinds, Marina Jirotka, Charles Meyer
Articles & Book Chapters
An integrated health record (IHR) that enables clinical data to be shared at a national level has profound implications for medical research. Data that have been useful primarily within a single clinic will instead be free to move rapidly around a national network infrastructure. This raises challenges for technologists, clinical practice, and for the governance of these data. This article considers one specific issue that is currently poorly understood: how intellectual property (IP) relates to the sharing of medical data for research on large-scale electronic networks. Based on an understanding of current practices, this article presents recommendations for the governance …
Commodification, Intellectual Property And The Women Of Gee’S Bend, Victoria F. Phillips
Commodification, Intellectual Property And The Women Of Gee’S Bend, Victoria F. Phillips
Articles in Law Reviews & Other Academic Journals
In this article the author explores the story of the quilters of Gee’s Bend, Alabama, tracing the emergence of this group of isolated, disenfranchised craftswomen as both fine artists and the unlikely purveyors of mass-market consumer culture through commodification based on the power of intellectual property rights. The author then looks to recent trends in commodification literature to help explore the tensions and dualities presented in the story. Among other things, the article asks whether the quilters have been coerced into the marketplace and are unwittingly alienating part of their identity, or whether they have willingly tapped the power of …
Intellectual Property, Privatization And Democracy: A Response To Professor Rose, Mark P. Mckenna
Intellectual Property, Privatization And Democracy: A Response To Professor Rose, Mark P. Mckenna
Journal Articles
The broad thesis of Professor Rose's article Privatization: The Road to Democracy? is an important reminder that no institution deserves all the credit for democratization, and that the success of any particular institution in promoting democracy depends to a greater or lesser extent on the existence and functioning of other political institutions. While protection of private property has proven quite important to successful democratic reform, we should not be lulled into thinking private property can carry the whole weight of reform. That lesson has particular significance in the context of intellectual property, given proponents general tendency to overstate the significance …
Adequacy Of The 1995 Antitrust Guidelines For The Licensing Of Intellectual Property In Complex High Tech Markets, Clovia Hamilton
Adequacy Of The 1995 Antitrust Guidelines For The Licensing Of Intellectual Property In Complex High Tech Markets, Clovia Hamilton
Winthrop Faculty and Staff Publications
In 1995, the Department of Justice and the Federal Trade Commission adopted new guidelines for those wishing to license intellectual property rights without violating antitrust laws. Designed to provide clarity, these guidelines instead breed confusion because they misunderstand the nature of intellectual property markets and provide insufficient guidance in the most difficult areas. Section I of this article will discuss the basic provisions of the guidelines, especially their treatment of "innovation markets." It argues that government enforcers should focus primarily on activity that creates entry barriers. Understanding the use and misuse of licensing is the key to analyzing barriers in …
Patent Signals, Clarisa Long
Patent Signals, Clarisa Long
Faculty Scholarship
Courts and commentators often treat intellectual property as if the private value of the rights stemmed entirely from the control legal rules conferred over the protected subject matter. While the literature has devoted an enormous amount of time, paper, and ink to the discussion of whether legal rules grant the optimal amount of exclusivity, it has not considered whether it has been examining all the functions of patents This Article provides a new general framework for analyzing the function and effect of intellectual property rules. Rather than focusing on patents as a mechanism for privatizing information, this Article instead frames …
Protecting Intellectual Property Rights Through Civil Litigation: A Symposium, Eric Easton
Protecting Intellectual Property Rights Through Civil Litigation: A Symposium, Eric Easton
All Faculty Scholarship
On September 30, 1996, nineteen lawyers, law professors and judges from the People's Republic of China began a six-week program of classroom study, practical experience, and scholarly exchange that focused on the American system of protecting intellectual property rights through civil litigation. The program was funded by a $107,000 grant from the United States Information Agency's Office of Citizen Exchange Programs to the University of Baltimore's Center for International and Comparative Law, in cooperation with the Maryland Department of Business and Economic Development.
The initial, two-week phase of the program included field trips to the U.S. Copyright Office, the Patent …
Draft Of Desert Theory - 1985, Wendy J. Gordon
Draft Of Desert Theory - 1985, Wendy J. Gordon
Scholarship Chronologically
The first condition of Lockean theory is that property applies only to labor which appropriates something out of the common. Similarly, possession theory in American law applies only to appropriations of things which are unclaimed. While an intellectual product might seem to be drawn out of the ether, it can in fact be a difficult question whether its producers have drawn on more than commonly-owned resources.
Becker And The Exploitation/Competition Requirement - 1985, Wendy J. Gordon
Becker And The Exploitation/Competition Requirement - 1985, Wendy J. Gordon
Scholarship Chronologically
One common justification of intellectual property rights seems to rest with an appreciation of the creator's labors. Since he has exerted effort, and created something of value, he seems to deserve something for his pains. A claim of ownership over the thing created is sometimes considered a fitting reward.