Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Copyright (2)
- Patent (2)
- Software (2)
- American Inventors Protection Act (1)
- Biotechnology (1)
-
- Business methods (1)
- Community Patent Regulation (1)
- Community-wide Exhaustion Standard (1)
- Copyright Infringement (1)
- Copyrightability (1)
- DMCA (1)
- Dead Sea Scrolls (1)
- Digital Millennium Copyright Act (1)
- Domain Names (1)
- EPC (1)
- Europe (1)
- European Community (1)
- European Court of Justice (1)
- European Patent Convention (1)
- European Patent Law (1)
- European Union (1)
- Global Patent Harmonization (1)
- Harmonization (1)
- ICANN (1)
- International Exhaustion Standard (1)
- Internet Corporation for Assigned Names and Numbers (1)
- Internet Zoning (1)
- Interoperability (1)
- Israel (1)
- Israel Supreme Court (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Harmonizing Scope And Allocation Of Patent Rights In Europe - Towards A New European Patent Law, Christopher Heath
Harmonizing Scope And Allocation Of Patent Rights In Europe - Towards A New European Patent Law, Christopher Heath
Marquette Intellectual Property Law Review
A rise in European Patent litigation has increased awareness of patent enforcement and its difficulty given the lack of harmony between the European Patent Convention (EPC) and the European Community (Community) patent laws. The EPC and the Community have both attempted to harmonize certain aspects of their patent laws. In 1999, the EPC Member States developed four options for structuring a European system of patent enforcement. In 2000, the Community developed its regulation system known as the Community Patent Regulation. The author believes that the two proposals are great attempts but fail to address two key aspects: (1) the allocation …
Understanding The Impact Of The Digital Millennium Copyright Act On The Open Source Model Of Software Development, Theodore C. Mccullough
Understanding The Impact Of The Digital Millennium Copyright Act On The Open Source Model Of Software Development, Theodore C. Mccullough
Marquette Intellectual Property Law Review
Mr. McCullough discusses the Digital Millennium Copyright Act (DMCA), and the traditional and open source models of software development. He argues that the "DMCA supports the 'Traditional Model' of software development, at the expense of the 'Open Source Model,' by limiting the ability of open source developers to write programs that increase interoperability and by limiting their ability to engage in peer review for such programs." He also discusses the competing interpretations of the Reverse Engineering Safe Harbor and proposes statutory solutions to the overall lack of protection afforded to software developers using copyrightable materials to promote interoperability.
Will The United States Take The Plunge Into Global Patent Law Harmonization? A Discussion Of The United States' Past, Present, And Future Harmonization Efforts., Anneliese M. Seifert
Will The United States Take The Plunge Into Global Patent Law Harmonization? A Discussion Of The United States' Past, Present, And Future Harmonization Efforts., Anneliese M. Seifert
Marquette Intellectual Property Law Review
Ms. Seifert discusses the factors that shape harmonization of a global patent law system. She touches on how the philosophical differences of the United States, Japanese, and European patent systems have created difficulty in establishing a cohesive patent law system. The author then discusses international harmonization efforts such as WIPO and TRIPs and national patent law changes, such as the eighteen-month publication period created under the American Inventors Protection Act. In conclusion, the author discusses the future of patent harmonization, suggesting the need for a global, uniform method of patent interpretation for meaningful harmonization.
Quo Vadis?, Arthur J. Gajarsa
Quo Vadis?, Arthur J. Gajarsa
Marquette Intellectual Property Law Review
At the Fifth Annual Honorable Helen Wilson Nies Memorial Lecture in Intellectual Property, held by Marquette University Law School on April 22, 2002, the Honorable Arthur J. Gajarsa delivered a speech entitled "Quo Vadis?" or "Where goest thou?" After articulating the strides made in intellectual property law over the past 20 years, Judge Gajarsa proposed and explained three technical areas where the court may see the most action over the next 20 years: (1) software and business methods; (2) biotechnology; and (3) nanotechnology.
Trademark Exhaustion In The European Union: Community-Wide Or International? The Saga Continues, Irene Calboli
Trademark Exhaustion In The European Union: Community-Wide Or International? The Saga Continues, Irene Calboli
Marquette Intellectual Property Law Review
Dr. Calboli discusses trademark exhaustion in the European Union. She proposes an international exhaustion standard to replace the community-wide exhaustion standard. In an international system, a trademark owner would exhaust his rights in other national jurisdictions when trademarked goods are placed on the market in any national jurisdiction where the trademark owner enjoys protection. Accordingly, the trademark owner will not be free to prevent international importation of genuine products bearing his trademark. Dr. Calboli describes the development of the community-wide exhaustion standard and its interpretative problems as part of the Trademark Directive. She then proposes changing to an international exhaustion …
"Originality" After The Dead Sea Scrolls Decision: Implications For The American Law Of Copyright, Urzula Tempska
"Originality" After The Dead Sea Scrolls Decision: Implications For The American Law Of Copyright, Urzula Tempska
Marquette Intellectual Property Law Review
Ms. Tempska examines the Israel Supreme Court's ruling on August 31, 2002 regarding reconstruction and copyright infringement of the Dead Sea Scrolls. She reviews the copyrightability doctrine and its possible misapplications, illustrates the reconstruction process of the text involving the Dead Sea Scrolls, and describes the legal arguments and procedure of the Dead Sea Scrolls case. Tempska concludes that: 1) the arguments opposing copyright protection fail because they gloss over the facts of the reconstruction process and disregard the originality requirement for copyrightability under United States law; 2) the Israeli court's copyrightability analyses adequately accounted for the creative process, the …
Icann't Do It Alone: The Internet Corporation For Assigned Names And Numbers And Content-Based Problems On The Internet, Peter T. Holsen
Icann't Do It Alone: The Internet Corporation For Assigned Names And Numbers And Content-Based Problems On The Internet, Peter T. Holsen
Marquette Intellectual Property Law Review
Mr. Holsen discusses the history and development of the Internet Corporation for Assigned Names and Numbers (ICANN), which is a non-profit corporation that privately manages the Internet. He asserts that United States law does not properly support ICANN in its mission to solve the complex problems facing the Internet. One of the most important issues facing the Internet is the fact that adult-orientated materials are commonly and easily accessed by young children. Mr. Holsen feels that Congress needs to set standards by which ICANN can better categorize the adult materials on the Internet, but at the same time not infringe …