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Intellectual Property Law

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Articles 15721 - 15750 of 17075

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The Interdependent Nature Of Computer Software: Another Reason Why User-Interfaces Should Not Be Protected By Copyright Law, 25 J. Marshall L. Rev. 737 (1992), David B. Fonda Jan 1992

The Interdependent Nature Of Computer Software: Another Reason Why User-Interfaces Should Not Be Protected By Copyright Law, 25 J. Marshall L. Rev. 737 (1992), David B. Fonda

UIC Law Review

No abstract provided.

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National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law Jan 1992

National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law

Penn State International Law Review (1982 - 2011)

No abstract provided.

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U.S.-Thailand Trade Disputes: Applying Section 301 To Cigarettes And Itellectual Property, Ted L. Mcdorman Jan 1992

U.S.-Thailand Trade Disputes: Applying Section 301 To Cigarettes And Itellectual Property, Ted L. Mcdorman

Michigan Journal of International Law

Irrespective of the close economic and strategic relationship between Thailand and the United States, the United States has utilized Section 301 (and Special 301), and the consequent threat of trade retaliation, in its relations with the Land of Smiles. The purpose of this article is to examine the operation of Section 301 and Special 301 regarding trade in cigarettes and intellectual property.

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The Right Of Reply To The Media In The United States - Resistance And Resurgance, Jerome A. Barron Jan 1992

The Right Of Reply To The Media In The United States - Resistance And Resurgance, Jerome A. Barron

UC Law SF Communications and Entertainment Journal

What is the present status of rights of reply and access in the United States? Although there is still no formal right of reply to the print media, efforts continue to create a right of reply to defamatory attack and to enact vindication statutes. Recent developments such as television talk shows and call-in radio demonstrate a renewed interest by the public in reply and access. There is a public effort to leap over the media and to participate directly in the opinion process. These developments are exemplified by the presidential campaigns of Ross Perot and Bill Clinton. Finally, the public …

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The Uniform Defamation Act: Is Too Much Being Asked Of The Press In The Quest For Libel Law Reform, Ben Dunlap Jr. Jan 1992

The Uniform Defamation Act: Is Too Much Being Asked Of The Press In The Quest For Libel Law Reform, Ben Dunlap Jr.

UC Law SF Communications and Entertainment Journal

The Uniform Law Commissioners are preparing to begin debate on the most sweeping changes to libel law since New York Times v. Sullivan. The proposed Uniform Defamation Act, if adopted by the full commission in August 1993 and enacted by state legislatures, would introduce an action for vindication as a non-damages remedy for the aggrieved subjects of defamation. The Act would also attempt to codify many areas of libel law that heretofore have primarily been left to development in the courts. This article examines the central features of the Uniform Defamation Act and how its enactment might affect the current …

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The Patentability And Patent Term Extension Of Lifesaving Drugs: A Deadly Mistake, Jonathan L. Mezrich Jan 1992

The Patentability And Patent Term Extension Of Lifesaving Drugs: A Deadly Mistake, Jonathan L. Mezrich

Journal of Law and Health

The pharmaceutical business is dominated largely by two types of entities: large, research-intensive corporations, and the smaller "generic" drug "knock-off" artists. because the former organizations have to put so much of their budget into research and development (R&D), a form of investment which is often akin to pouring money into a hole, the 17-year exclusive monopoly of a patient is often the only way such a company can remain profitable. However, because of a concern for public safety, all substances prepared for human consumption must be put through extensive testing by the FDA. This testing could take a long period …

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Patent Harmonization, Protectionism And Legislation, R. Carl Moy Jan 1992

Patent Harmonization, Protectionism And Legislation, R. Carl Moy

Faculty Scholarship

This essay raises questions about the Patent Harmonization Treaty. addressing the overall direction of harmonization in this country and the processes that are being applied to the harmonization effort. Section I of the essay compares the underlying goals of patent harmonization with those of the current United States patent system. The article contends that the legal rules relating to patents in this country evidence a specific intent to promote domestic industry. The aims of harmonization, in contrast, are fundamentally different. To be valid, then, patent harmonization may require a basic shift in the social consensus in this country concerning the …

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The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy Jan 1992

The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy

Faculty Scholarship

This article discusses Rule 56 of the Patent and Trademark Office. Part II discusses changes from the old to the new Rule 56, and examines the former’s relationship to the law of inequitable conduct. Part III elaborates on the current status of the PTO’s rulemaking efforts, and Part IV is focused on the new Rule under the APA. Parts V and VI are about new Rule 56 as a hortatory statement and common-law jurisprudential limitations, respectively. The author ultimately concludes that the PTO could have chosen to approach the Federal Circuit as an amicus without a prior rulemaking proceeding. That …

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Copyright Protection For Audiovisual Works In The European Community, Anne Moebes Jan 1992

Copyright Protection For Audiovisual Works In The European Community, Anne Moebes

UC Law SF Communications and Entertainment Journal

The European Community's copyright laws have been constantly changing in recent years to respond to the dramatic increase in the demand for and supply of audiovisual works. These laws have become necessary because of the increased risk of piracy in conjunction with the Community's continuing efforts toward Community harmonization. This article explores the scope of copyright protection of audiovisual works, the limitation of copyright protection as embodied in the Community "exhaustion" doctrine, and the impact of the Community's harmonization efforts.

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Patent Rights In The Human Genome Project, Rebecca S. Eisenberg Jan 1992

Patent Rights In The Human Genome Project, Rebecca S. Eisenberg

Book Chapters

The various research efforts that comprise the Human Genome Project will inevitably both draw on and yield a multitude of patentable inventions. The broad subject matter of the patent laws potentially reaches every phase of the Genome Project, from the discovery of new research technologies, such as techniques and equipment for DNA sequencing, through the ultimate development of new products, such as screening tests for genetically transmitted diseases. Even bits and pieces of the human genome itself may be, and sometimes have been, patented.' Nor does the fact that the public is paying for the Genome Project through federal funding …

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A Rose By Any Other Name: Trademark Protection Of The Names Of Popular Music Groups, Barbara Singer Jan 1992

A Rose By Any Other Name: Trademark Protection Of The Names Of Popular Music Groups, Barbara Singer

UC Law SF Communications and Entertainment Journal

As the economic value of the names of popular music groups has burgeoned, courts have increasingly been forced to grapple with the complex issues of trademark ownership and infringement of those group names. This article examines those complex issues and sets forth criteria to assist courts as they struggle to resolve them. The article first explores the trademark and contractual methods available for establishing ownership of a popular music group's name. Next, the article examines the manner in which an infringement is determined under the principles of trademark law both in the absence of and the presence of contractual allocations. …

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The Trouble With Confidential Sources: A Criticism Of The Supreme Court's Interest-Group View Of The First Amendment In Cohen V. Cowles Media Co., Patrick M. Garry Jan 1992

The Trouble With Confidential Sources: A Criticism Of The Supreme Court's Interest-Group View Of The First Amendment In Cohen V. Cowles Media Co., Patrick M. Garry

UC Law SF Communications and Entertainment Journal

For the last several decades, confidential sources have been a controversial media law issue. During the 1970s, the press argued that the press clause of the First Amendment conferred the freedom to maintain the confidentiality of its sources. According to this argument, only such a freedom would insure that the press could adequately perform its newsgathering role. In the recent case of Cohen v. Cowles Media Co., however, the press found itself somewhat on the other side of the argument. It unsuccessfully argued to the Court that the First Amendment precluded any liability for breaking a promise of confidentiality to …

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The Right To Misquote, Marta Stanton Jan 1992

The Right To Misquote, Marta Stanton

UC Law SF Communications and Entertainment Journal

This article explores whether the First Amendment protects journalists who materially alter quotations from liability for defamation. The journalist's right of freedom of speech and the speaker's rights came in direct conflict in the case of Masson v. New Yorker Magazine, which provides the touchstone for this article. The author addresses the meaning of actual malice in the context of altered quotations and the journalist's responsibility to respect the meaning of quotation marks. This article concludes that a journalist who materially alters a quotation has gone too far and has acted with knowledge of falsity or reckless disregard for the …

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Miss Saigon: Casting For Equality On An Unequal Stage, Mabel Ng Jan 1992

Miss Saigon: Casting For Equality On An Unequal Stage, Mabel Ng

UC Law SF Communications and Entertainment Journal

In the summer of 1990, Actors' Equity Association tried to bar an awardwinning European actor from playing the role of a Eurasian in the Broadway production of Miss Saigon. In the controversy that raged, the theatrical world found itself afire with an issue that had simmered for decades: the practice of producers and directors casting white actors in racial and ethnic minority roles and their reluctance to consider ethnic actors for such roles. This note discusses the controversy surrounding Miss Saigon, the notion of non-traditional casting, artistic freedom versus affirmative action, and ways in which the theater might at last …

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Gambling And The Law - Update 1993, I. Nelson Rose Jan 1992

Gambling And The Law - Update 1993, I. Nelson Rose

UC Law SF Communications and Entertainment Journal

The largest, fastest growing, most quickly changing area of entertainment law is legal gambling: last year more than $304 billion was bet legally in the United States. Changes in government policies, from complete prohibition, to grudging permission, to active promotion, have led to a classic nationwide speculative bubble. The nation's leading expert on gambling law explores the recent explosion of legal gambling, including riverboat casinos that need not have engines or crews; "video lottery terminals," video poker machines run by state governments; and the largest table game casino in the world, owned by Native Americans in Connecticut. The article explores …

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How Valid Are U.S. Criticisms Of The Japanese Patent System, Michael Todd Helfand Jan 1992

How Valid Are U.S. Criticisms Of The Japanese Patent System, Michael Todd Helfand

UC Law SF Communications and Entertainment Journal

This article reviews and addresses criticisms that have been leveled against the Japanese patent system by U.S. businesses and the government. It begins by exploring the operations, history, and cultural background of the Japanese patent system, and drawing contrasts with the system employed by the United States. From there, it introduces and analyzes the validity or invalidity of the criticisms most commonly raised. While a definitive answer is not possible for all criticisms, this article concludes that a number of criticisms are more selfserving than constructive, and several of the most important criticisms do not address aspects of the patent …

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The 1992 Cable Act: Just The Beginning, Nicholas W. Allard Jan 1992

The 1992 Cable Act: Just The Beginning, Nicholas W. Allard

UC Law SF Communications and Entertainment Journal

The 1992 Cable Act completely overhauls the legal rules governing the television marketplace, and its substantive impact will be felt for many years. The Act's complex, interrelated, and often intentionally vague provisions revise the rules pertaining to cable television, broadcast television, new television technologies such as DBS and wireless cable, the regulatory roles of the FCC and local franchise authorities, and the rates cable customers will pay. Its enactment marks the beginning of a new regulatory era whose legal features will be further defined by several FCC rulemakings, pending lawsuits, and additional legislation in the 103d Congress. The article traces …

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Employee Disclosures To The Media: When Is A Source A Sourcerer, Terry Morehead Dworkin, Elletta Sangrey Callahan Jan 1992

Employee Disclosures To The Media: When Is A Source A Sourcerer, Terry Morehead Dworkin, Elletta Sangrey Callahan

UC Law SF Communications and Entertainment Journal

Whistleblowing as a form of organizational control is being fostered by the judiciary and legislators. Yet these decisionmakers generally do not view the media as an appropriate whistleblowing recipient. This point was brought into sharp focus when Procter & Gamble persuaded law enforcement agencies to investigate the source of information leaked by "current and former P&G managers" to the Wall Street Journal. Armed with alleged violations of a state trade secrets statute, the corporation and the government effectively bypassed legal protections extended both to whistleblowers and to reporters who refuse to identify their confidential sources. This article evaluates whistleblowing to …

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Privacy In Telecommunications - A California Perspective, Mary Mack Adu, Gretchen Dumas Jan 1992

Privacy In Telecommunications - A California Perspective, Mary Mack Adu, Gretchen Dumas

UC Law SF Communications and Entertainment Journal

This article focuses on the policy and legal issues that are before state and federal agencies regarding informational privacy in telecommunications. For example, how does one reconcile the interests of, on the one hand, individuals and businesses who believe they have a right to "informational privacy" and, on the other hand, the demands of business to use this "personal information" to promote commercial activity and the demands of the public that it have full access to information that affects the public good. The article then examines the state of the law of privacy in California and specifically the California Public …

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Let Technology Counteract Technology: Protecting The Medical Record In The Computer Age, Terri Finkbine Arnold Jan 1992

Let Technology Counteract Technology: Protecting The Medical Record In The Computer Age, Terri Finkbine Arnold

UC Law SF Communications and Entertainment Journal

The medical record contains information about the most intimate details of our personal lives. Reliance on the computer by both private health care providers and the government to store, access, and manipulate medical information has increased dramatically in the last decade. The development of a national health care delivery system will utilize computer technology to automate and standardize the medical record even further. Current law and regulations are inadequate to meet the potential for misuse and abuse created by the computerization of medical information. This note explores the development of the computerized medical record and the likely future direction of …

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Ownership Of Copyrightable Works Of University Professors: The Interplay Between The Copyright Act And University Copyright Policies, Laura G. Lape Jan 1992

Ownership Of Copyrightable Works Of University Professors: The Interplay Between The Copyright Act And University Copyright Policies, Laura G. Lape

Villanova Law Review (1956 - )

No abstract provided.

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Book Review, Mary Lafrance Jan 1992

Book Review, Mary Lafrance

Scholarly Works

Learning the business side of the film industry can be a daunting task. On-the-job training is treacherous, basic texts quickly become outdated, and treatises can overwhelm with detail. Moreover, it is one thing to know the general outlines of the business and legal aspects of film production, and quite another to feel prepared to negotiate a contract. This is particularly true in the area of film financing, where new techniques emerge with every deal. Producing, Financing and Distributing Film fills a unique niche by providing a concise one-volume introduction to the business side of film that is detailed and transaction-oriented. …

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It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman Jan 1992

It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman

Seattle University Law Review

This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.

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The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik Jan 1992

The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy Jan 1992

Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy

Faculty Scholarship

This article attempts to provide a basis upon which to preserve the Federal Circuit's current lawmaking primacy. Given the large body of preexisting literature on Chevron, USA, Inc v. Natural Resources Defense Council, it does not address whether Chevron allocates power between agencies and the courts optimally. Rather, the article examines how the PTO's statutory interpretations should be reviewed under Chevron. In Section I, the article places the examination in context by describing the Chevron decision and its general implications. Section II of the article examines how Chevron should be applied specifically in the context of reviewing statutory interpretations of …

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Law In The Electronic Brothel: How Postmodern Media Affect First Amendment Obscenity Doctrine, Kenneth W. Masters Jan 1992

Law In The Electronic Brothel: How Postmodern Media Affect First Amendment Obscenity Doctrine, Kenneth W. Masters

Seattle University Law Review

This Comment seeks to examine the implications of media ecology models for the past, present, and possible future of obscenity doctrine. Section II of this Comment applies the first model in examining the historical origins of obscenity doc- trine in light of media ecology. This analysis of history reveals a critical presupposition about the effects of media on human behavior.

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The Viability Of The Copyright Misuse Defense, David Scher Jan 1992

The Viability Of The Copyright Misuse Defense, David Scher

Fordham Urban Law Journal

Under the equitable doctrine of "unclean hands," courts will deny an otherwise meritorious claim where the claimant has acted so improperly that the need to punish the claimant’s wrongful behavior outweighs the need to punish the defendant’s allegedly unlawful conduct. The principle underlying the doctrine is that equity presumes harm when an unclean plaintiff obtains relief; consequently, one who desires justice must come into court with a “clean slate.” The theory of intellectual property misuse, which stems from the “unclean hands” doctrine, prevents a plaintiff from enforcing an intellectual property right if that plaintiff is guilty of misconduct with respect …

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Lotus Lookalike Litigation: Landmark Or Limbo?, Mark Aaron Paley Jan 1992

Lotus Lookalike Litigation: Landmark Or Limbo?, Mark Aaron Paley

Buffalo Law Review

No abstract provided.

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Copyright Misuse As A Defense In An Infringement Action: Lasercomb America, Inc. V. Reynolds, John Baker Mcclanahan Jan 1992

Copyright Misuse As A Defense In An Infringement Action: Lasercomb America, Inc. V. Reynolds, John Baker Mcclanahan

Washington and Lee Law Review

No abstract provided.

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Authority And Authenticity: Scribbling Authors And The Genius Of Print In Eighteenth-Century England, Marlon B. Ross Jan 1992

Authority And Authenticity: Scribbling Authors And The Genius Of Print In Eighteenth-Century England, Marlon B. Ross

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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