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Articles 1 - 17 of 17
Full-Text Articles in Law
The Three-Step Test Revisited: How To Use The Test’S Flexibility In National Copyright Law, Christophe Geiger, Daniel Gervais, Martin Senftleben
The Three-Step Test Revisited: How To Use The Test’S Flexibility In National Copyright Law, Christophe Geiger, Daniel Gervais, Martin Senftleben
Joint PIJIP/TLS Research Paper Series
The first version of the three-step test emerged at the 1967 Stockholm Conference for the Revision of the Berne Convention. With the inclusion of versions of the test in the TRIPS Agreement of April 1994, the two WIPO “Internet” treaties of December 1996, the more recent Beijing Treaty on Audiovisual Performances of June 24, 2012, and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (VIP Treaty) of June 27, 2013, the test has taken on the central function of allowing and enabling tailor-made solutions at the national level. …
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner, Abraham V. Alpha Chi Omega, Christine Farley
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner, Abraham V. Alpha Chi Omega, Christine Farley
Articles in Law Reviews & Other Academic Journals
The Federal Lanham Act provides that injunctive relief, the primary remedy in trademark cases, is to be granted in accordance with the principles of equity. Expressly included among such equitable principles are the defenses of acquiescence, laches, and estoppel. Naturally, these defenses have become commonplace in defending against claims of trademark infringement. In the absence of a statute of limitations courts rely on the doctrine of laches, for example, to determine when trademark infringement claims have become stale. Our informal study of the district in which this case arises shows that from 2005 to 2011, nearly two thirds of answers …
Intellectual Property Reform In Colombia: Future Colombian Copyright Legislation Must Not Place Overly Restrictive Burdens On Internet Service Providers That Unnecessarily Restrict Access To Information And Freedom Of Expression Of The People Of Colombia, Glushko-Samuelson Intellectual Property Clinic, Andrés Izquierdo, Fundación Karisma, Bogotá, Colombia
Intellectual Property Reform In Colombia: Future Colombian Copyright Legislation Must Not Place Overly Restrictive Burdens On Internet Service Providers That Unnecessarily Restrict Access To Information And Freedom Of Expression Of The People Of Colombia, Glushko-Samuelson Intellectual Property Clinic, Andrés Izquierdo, Fundación Karisma, Bogotá, Colombia
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Intellectual Property Reform In Colombia: The Colombian Legislature Must Consider Local And International Conventions And Pass Balanced Copyright Legislation That Preserves The Fundamental Rights Of All Colombians, Glushko-Samuelson Intellectaul Property Clinic, Andrés Izquierdo, Fundación Karisma, Bogotá, Colombia
Intellectual Property Reform In Colombia: The Colombian Legislature Must Consider Local And International Conventions And Pass Balanced Copyright Legislation That Preserves The Fundamental Rights Of All Colombians, Glushko-Samuelson Intellectaul Property Clinic, Andrés Izquierdo, Fundación Karisma, Bogotá, Colombia
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Selected Resources On Copyright Law, Leonard Klein
Selected Resources On Copyright Law, Leonard Klein
Research Guides
This research guide provides specialized primary and secondary sources on copyright law, including specialized reporters on copyright law, interactive tutorials, and websites.
Corporate Power Unbound: Investor-State Arbitration Of Ip Monopolies On Medicines – Eli Lilly And The Tpp, Brook K. Baker
Corporate Power Unbound: Investor-State Arbitration Of Ip Monopolies On Medicines – Eli Lilly And The Tpp, Brook K. Baker
Joint PIJIP/TLS Research Paper Series
Free trade agreements (FTAs) and bilateral investment treaties (BITs) typically contain investment clauses designed to attract direct foreign investment and protect the interests of foreign investors. In addition to defining foreign investment that are entitled to protection, investment clauses typically allow for investor-state dispute resolution, which allows a foreign investor to launch arbitral proceeding directly against the offending government before a private panel of trade lawyers. This paper focuses first on a pro-investor draft investment chapter in an ongoing regional trade negotiation – the Trans-Pacific Partnership Agreement (TPP) - and second on the first investor-state arbitral claim ever by a …
Fair Use And Education: The Way Forward, Peter Jaszi
Fair Use And Education: The Way Forward, Peter Jaszi
Articles in Law Reviews & Other Academic Journals
The ability to make reasonable fair use of copyrighted material is both economically and culturally important to the enterprise of education. No other feature of copyright laws offers educators access of the same potential scope. In asserting fair use, teachers, librarians, and others cannot rely on a claim of "economic exceptionalism, "for which there is no clear basis in U.S. copyright law. Nor can they expect to arrive at satisfactory shared understandings with copyright owners. Instead, they should seek to take advantage of current trends in copyright case law, including the marked trend toward preferring uses that are "transformative," where …
Design Patents: Fashion’S Next Big Thing?, Brooke Olaussen
Design Patents: Fashion’S Next Big Thing?, Brooke Olaussen
Intellectual Property Brief
No abstract provided.
Fifty Shades Of Grey Sues Smash Pictures Over Xxxadaption Of Steamy Series, Caroline Jamet
Fifty Shades Of Grey Sues Smash Pictures Over Xxxadaption Of Steamy Series, Caroline Jamet
Intellectual Property Brief
No abstract provided.
Are Secondary Considerations Still “Secondary”?:An Examination Of Objective Indicia Of Nonobviousness Five Years After Ksr, John Paul Putney
Are Secondary Considerations Still “Secondary”?:An Examination Of Objective Indicia Of Nonobviousness Five Years After Ksr, John Paul Putney
Intellectual Property Brief
No abstract provided.
Icann’S New Generic Top-Level Domain Programand Appication Results, Amer Raja
Icann’S New Generic Top-Level Domain Programand Appication Results, Amer Raja
Intellectual Property Brief
No abstract provided.
The United States Copyright Office:Nostalgia For The Past, Obstacle For The Future, Jacob Harper
The United States Copyright Office:Nostalgia For The Past, Obstacle For The Future, Jacob Harper
Intellectual Property Brief
No abstract provided.
Ultramercial And Prometheus: How Transformation Analysis After Bilski Is Changing To Accommodate Modern Technologies, Sarah Beth Smith
Ultramercial And Prometheus: How Transformation Analysis After Bilski Is Changing To Accommodate Modern Technologies, Sarah Beth Smith
Intellectual Property Brief
No abstract provided.
Forward, Jonas Anderson
The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R. K. Stroud
The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R. K. Stroud
Articles in Law Reviews & Journals
No abstract provided.
A Realist Approach To Copyright Law's Formalities, Michael W. Carroll
A Realist Approach To Copyright Law's Formalities, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
Rejecting the conventional story that formalities in copyright law were abolished by the Berne Convention, this Article demonstrates that privately administered systems of formalities play a significant role in the administration of copyright law worldwide. Indeed, they must because copyright is designed to support a transaction structure which requires rightsholders who seek to attract licensing partners to go through some formal step to identify themselves and the works in which they have a legal or beneficial interest. Canvassing the landscape of mandatory and voluntary public and private systems of formalities, this article argues that: (1) national policymakers retain more policy …
Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, Jonas Anderson, Peter S. Menell
Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, Jonas Anderson, Peter S. Menell
Articles in Law Reviews & Other Academic Journals
Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged as a salient issue. While the Supreme Court’s Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its "mongrel" mixed fact/law character, the Federal Circuit's adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced …