Law Commons^™

International Film Co-Production Tax And Subsidy Mechanisms, Margaret Moore

UC Law SF Communications and Entertainment Journal

International co-production agreements allow two or more countries to jointly produce films and television programming, thereby gaining tax incentives and national production subsidies. Co-production arrangements have resulted in films such as The Crying Game, Damage, and Prospero's Books.

This Article discusses current international co-production issues from the American producer's perspective. The Article is an exercise in global comparison, culminating in a discussion of the Council of Europe's proposal to standardize co-production rules and arrangements.

Researching The Right Of Publicity: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Expanding The Use Of Hypothetical Analysis When Evaluating Patent Infringement Under The Doctrine Of Equivalents, Brian E. Lewis

Seattle University Law Review

Accordingly, the purpose of this Comment is twofold: first, to bring the reader up-to-date on the doctrine of equivalents, and second, to suggest an improvement on the doctrine's application that is consistent with recent developments. This Comment proposes that the hypothetical technique should be expanded to evaluate more than prior art alone. Before exploring how this new use of the hypothetical would work, however, it is necessary to explain the doctrine of equivalents' history, the factors that affect the range of equivalents, and the methods to determine and apply equivalents.

Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty

UIC Law Open Access Faculty Scholarship

No abstract provided.

Contemporary Issues In Patent Damages, Paul M. Janicke

American University Law Review

No abstract provided.

The Harmonization Of International Patent Law: Introduction, 26 J. Marshall L. Rev. 437 (1993), Donald S. Chisum

UIC Law Review

No abstract provided.

No-Challenge Termination Clauses: Incorporating Innovation Policy And Risk Allocation Into Patent Licensing Law, Christian Chadd Taylor

Indiana Law Journal

No abstract provided.

Protecting Trade Secrets And Confidential Information From Media Disclosure: Removing The Reporter's Shield, John M. Tkacik Jr.

Cleveland State Law Review

This Note will address the problem facing businesses in Ohio when the laws protecting trade secrets and confidential information come into direct conflict with laws protecting the media. Part II of this Note will discuss the concept and various legal definitions attributed to trade secrets and confidential proprietary information. Parts III and IV will discuss trade secrets, confidential information and the related remedies available to companies, with emphasis on the statutes under Ohio's criminal code. This Note will then focus on the protection afforded the media by both an Ohio shield statute which protects confidential sources, and the U.S. Constitution …

Does A Song By Any Other Name Still Sound As Sweet: Digital Sampling And Its Copyright Implications, Randy S. Kravis

American University Law Review

No abstract provided.

The Birth, Death, And Renaissance Of The Doctrine Of Secondary Meaning In The Making, Willajeanne F. Mclean

American University Law Review

No abstract provided.

The Illegitimacy Of Trademark Incontestability, Kenneth L. Port

Faculty Scholarship

The concept of incontestability in American trademark law has caused great confusion ever since its adoption as part of United States trademark law in 1946. This Article is first a study of the rational basis for incontestability in American trademark law. The role of incontestability in the larger regime of American trademark law is established in order to understand incontestability as it fits within the history of the common law of trademarks. This is fundamental in order to understand the significance of the thesis that incontestability is illegitimate. Next, acquisition of incontestability is presented in order to show how simple …

The Case Against Copyright Protection For Programmable Logic Devices, Stephen C. Bishop

Washington Law Review

Several commentators have argued that copyright protection should extend to protect logic equations incorporated in a type of semiconductor chip called a programmable logic device (PLD). They reach this result by analogizing to the storage of computer software in memory chips, an embodiment that is currently protected under the copyright laws. This Comment analyzes logic equations incorporated in a PLD with respect to the copyright statute, utilitarian device doctrine, and the legislative history of the Semiconductor Chip Protection Act. It concludes that copyright protection should not extend to protect the logic equations incorporated in a PLD.

Conflicts Of Copyright Ownership Between Authors And Owners Of Original Artworks: An Essay In Comparative And International Private Law, Jane C. Ginsburg

Faculty Scholarship

Most, if not all, copyright laws distinguish between ownership of the incorporeal copyright, and ownership of chattels. A generally-accepted corollary holds that alienation of the chattel that constitutes the material form of a copyrighted work does not carry the copyright with it. Applying this principle to works of the visual arts, it should be clear that sale of a painting, even if it is the only "copy" of a work, is not a transfer of the exclusive rights under copyright to reproduce the work or to create derivative works based on the painting. Similarly, ownership of the copyright confers no …

Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg

Articles

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Whereas policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public, the new propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make …

Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg

Articles

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Whereas policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public, the new propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make …

Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies

Michigan Journal of International Law

Accelerating deforestation in many tropical countries with the concomitant loss of plant species diversity incites increasing international concern. Until very recently, international environmental law tended to regard natural plant species as a "common heritage," a universal resource immune to private property claims. This common heritage approach to the problem of biodiversity loss has left the majority of plant species in a jurisprudential void, unprotected by property rights and subject to conflicting claims by countries with divergent goals. Unrelieved economic pressures force impoverished peoples in species-rich developing nations to resort to activities that ravage the forests, and the tragedy of biodiversity …

Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So, Steven M. Auvil

Cleveland State Law Review

This note will discuss the circumstances under which it is appropriate for a court to exercise its authority to stay patent validity litigation pending reexamination of the patent-in-suit. The question must be analyzed with due regard to the unique relationship that exists between Patent Office reexamination and district court litigation. As a point of departure, the note explains the substance and procedure of statutory reexamination. Secondly, it will discuss the possible effects that reexamination may have on concurrent litigation in a district court. Thirdly, the note will examine the discernible factors that courts have considered in deciding whether to suspend …

Refusing To Rock The Boat: The Sears/Compco Preemptioni Doctrine Applied To Bonito Boats V. Thunder Craft, David E. Shipley

Scholarly Works

This article discusses the Bonito Boats and Interpart cases in conjunction with the lower courts' interpretations of the challenged state "plug molding" statutes. It analyzes the Supreme Court's resolution of the conflict between the Bonito Boats and Interpart decisions and then explores the ramifications of Bonito Boats. The article concentrates on the ways in which this decision may expand the scope of federal preemption of state law protection for certain kinds of intellectual property.

What's New In Intellectual Property - Business Is Booming In Copyright, Trademark And Patent Law, Richard C. Reuben

Faculty Publications

Forget the trendy law practice areas of the 1980s, such as mergers and acquisitions, real estate and antitrust. Intellectual property is where the action will be in the 1990s.

"Arising Under" Jurisdiction And The Copyright Laws, Amy B. Cohen

Faculty Scholarship

Does a claim arise under the copyright laws when a critical allegation is that a party's use of a copyrighted work is unpermitted and infringing because such use was limited by the terms of a contract? The federal courts of appeals have confronted this question in a number of recent cases. Many have concluded that federal jurisdiction exists, reversing district court judgments of dismissal for lack of subject matter jurisdiction.

Despite these repeated attempts to resolve the matter, however, this question continues to confound the courts, which lack a clear approach to defining when a claim arises under the copyright …

Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Self-Help & Contributory Infringement: The Law And Legal Thought Behind A Little 'Black-Box', Nicholas E. Sciorra

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fair Use Misconstrued: Profit, Presumptions, And Parody, William F. Patry, Shira Perlmutter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Protection: Has Look & Feel Crashed?, John M. Walker Jr., Jessica D. Litman, Susan G. Braden, Anthony L. Clapes, Henry B. Gutman, Rochelle Cooper Dreyfuss, Frank J. Macchiarola, Marci A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Postmodern 'Progress': Reconsidering The Copyright And Patent Power, Margaret Chon

Faculty Articles

This article undertakes a postmodern analysis of the term ‘Progress’ in the Constitution’s Copyright Clause, finding stewarding the production of knowledge is integral to the clause. First, by deconstructing the linear, forward assumption entailing Progress. As technology concentrates, Progress entails distributional fairness and decentralized control over knowledge. Relying on the writings of the Founders and recent copyright decisions, this article does not limit postmodernism to a theory recognizing that words have multiple meanings, instead it argues that the Copyright Clause transforms the idea of knowledge to a common resource like water and air, and places knowledge into a public trust, …

Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang

Northwestern Journal of International Law & Business

These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …

Federal Circuit Trademark Roundup, Jerome Gilson, Andrew Hartman

American University Law Review

No abstract provided.

Copyright Without Walls?: Speculations On Literary Property In The Library Of The Future, Jane C. Ginsburg

Faculty Scholarship

This essay considers the application and adaptation of copyright law to the library of the future. In this "library without walls," works will be accessible by computer to users near and far. While a printed book usually is read by only one person at a time, that same book in digital format may be simultaneously consulted by as many users as have PCs linked by modem to the library. Where collecting quotations from printed sources today requires transcription or photocopying, in the library of the future it may be possible to download and print out excerpts, or even the entire …

A Commentary On The Harmonization Of European Private Law, George A. Bermann

Faculty Scholarship

The idea behind bringing together these papers on harmonization in three such distinct fields as contract, copyright and telecommunications, and securities law must be that they may have something to tell us generally about the processes of harmonization in European private law. Each paper tells a story fascinating in its own right, but whether they in fact add up to something more, with implications for private law harmonization as a whole, is the question I naturally want to take up in this commentary.

Preface: Symposium On Intellectual Property Law Theory, Wendy J. Gordon

Faculty Scholarship

For primary contributors to this symposium we have sought out people whose thoughts on intellectual property are not well known to readers of the standard law reviews. We are very gratified by the results. Of our three philosopher contributors, none has published much explicitly discussing intellectual property before, though the work of each of them is highly relevant to the topic; our economist, who publishes most often in philosophic, economic and communications journals, here brings his various perspectives to bear; our practitioner contributor proves that the most esoteric of academic topics - postmodern literary theory - has relevance to everyday …