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Intellectual Property Law

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Articles 15961 - 15990 of 17066

Full-Text Articles in Law

Computer Programs As Applied Scientific Know-How: Implications Of Copyright Protection For Commercialized University Research, J. H. Reichman Apr 1989

Computer Programs As Applied Scientific Know-How: Implications Of Copyright Protection For Commercialized University Research, J. H. Reichman

Vanderbilt Law Review

This Article surveys the problems that university administrators face when seeking to exploit proprietary rights in new technologies,with particular regard to computer software. In so doing, it explores larger questions about the proper role of intellectual property laws in protecting applied scientific know-how and the proper role of universities in exploiting the opportunities that such laws increasingly make available.


Remarks Of Dr. Carlos A. Primo Braga, Dr. Carlos A. Primo Braga Mar 1989

Remarks Of Dr. Carlos A. Primo Braga, Dr. Carlos A. Primo Braga

Vanderbilt Journal of Transnational Law

I am going to talk about LDCs intellectual property rights and the GATT. I do not think I need to talk too much on this, because Dr. Subramanian made an excellent presentation on the main issues yesterday. I will try to present the debate along the so-called North-South divide, and this is, of course, an oversimplification. I will be talking about the North proposal, which is basically the American proposal. It is a maximalist proposal, although parts of it are supported by other industrialized countries. The South proposals are basically the proposals of the foot draggers like Brazil and India, …


Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon Mar 1989

Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon

Cardozo Law Review

No abstract provided.


Righting Rights, Lawrence G. Sager Mar 1989

Righting Rights, Lawrence G. Sager

Cardozo Law Review

No abstract provided.


Vads, Vars, And Authorized Dealers - Do The Franchise Laws Apply To The Computer Industry, Kennedy A. Brooks Jan 1989

Vads, Vars, And Authorized Dealers - Do The Franchise Laws Apply To The Computer Industry, Kennedy A. Brooks

UC Law SF Communications and Entertainment Journal

VAD/VAR distribution programs may be "franchises" within the technical definitions in applicable federal and state laws. Computer products manufacturers should exercise care in the design of their dealer channels to avoid the impact of these laws. This Article reviews the basic features of these distribution channels, analyzes the components of the various definitions of a franchise, and discusses how these laws might affect the characteristics of a computer dealer channel.


The Future Of Software Copyright Protection: Arbitration V. Litigation, Alisa E. Anderson Jan 1989

The Future Of Software Copyright Protection: Arbitration V. Litigation, Alisa E. Anderson

UC Law SF Communications and Entertainment Journal

The legal profession and computer industry have expressed dissatisfaction with the existing copyright protection provided computer software and its traditional means of enforcement by litigation. These criticisms are exemplified in the protracted NEC Corp. v. Intel Corp. litigation. After examination of the current copyright laws and the recent NEC/Intel decision, the author analyzes the IBM/Fujitsu settlement, which created a new hybrid form of commercial arbitration. By relinquishing extensive control over their businesses to the arbitrators, IBM and Fujitsu established a sophisticated mechanism to resolve future conflicts and forestall future litigation. The author concludes that this hybrid method of arbitration is …


Notes On Conceptions Of Property: Scientific And Ordinary - 1989, Wendy J. Gordon Jan 1989

Notes On Conceptions Of Property: Scientific And Ordinary - 1989, Wendy J. Gordon

Scholarship Chronologically

There's a lot that won't neatly fit in my LocKe article that needs to be said. The following, re ordinary and scientific theories of property, go in the Conception of Prop Article, for which there still seems a need.


Computer Software Copyright Protection: Infringement And Eleventh Amendment Immunity, 9 Computer L.J. 163 (1989), Carl J. Franklin Jan 1989

Computer Software Copyright Protection: Infringement And Eleventh Amendment Immunity, 9 Computer L.J. 163 (1989), Carl J. Franklin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


More On Indirect Protections: Piggyback Damage Claims - 1989, Wendy J. Gordon Jan 1989

More On Indirect Protections: Piggyback Damage Claims - 1989, Wendy J. Gordon

Scholarship Chronologically

One issue is whether indirect i/p protection should be allowed to, or encouraged to, piggyback on other forms of protection, 1 ike privacy & contract law. (This is the KEWANEE issue. It's a matter of general pol icy, and of preemption.). Another issue is whether, within federal i/p law, a cause of action based on limited statutory infringement should be handled any differently because other damage damage which wouldn't be actionable alone under the relevant federal statute - is present. (This is raised by the NATION issue. It's a matter of legislative intent & general policy,) Although both issues involve …


Determining The Scope Of Copyright Protection For Computer/User Interfaces, 9 Computer L.J. 37 (1989), Janice M. Mueller Jan 1989

Determining The Scope Of Copyright Protection For Computer/User Interfaces, 9 Computer L.J. 37 (1989), Janice M. Mueller

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Statutory Protection Of The Algorithm In A Computer Program: A Comparison Of The Copyright And Patent Laws, 9 Computer L.J. 125 (1989), Idelle R. Abrams Jan 1989

Statutory Protection Of The Algorithm In A Computer Program: A Comparison Of The Copyright And Patent Laws, 9 Computer L.J. 125 (1989), Idelle R. Abrams

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


"Even If A Stranger Could Create Such A Work . . ." Software, Piracy, And Implications Of The Implied Covenant Of Good Faith: Has The Sas Court Gone Too Far?, 9 Computer L.J. 145 (1989), William W. Toole Jan 1989

"Even If A Stranger Could Create Such A Work . . ." Software, Piracy, And Implications Of The Implied Covenant Of Good Faith: Has The Sas Court Gone Too Far?, 9 Computer L.J. 145 (1989), William W. Toole

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Copyright, Patent, And The Virtual Machine, 9 Computer L.J. 321 (1989), Richard L. Torczon Jan 1989

Copyright, Patent, And The Virtual Machine, 9 Computer L.J. 321 (1989), Richard L. Torczon

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Preemption Of State Law By Copyright Law, 9 Computer L.J. 375 (1989), Deborah Kemp Jan 1989

Preemption Of State Law By Copyright Law, 9 Computer L.J. 375 (1989), Deborah Kemp

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Copyright Of Computer Display Screens: Summary And Suggestions, 9 Computer L.J. 417 (1989), Gregory C. Damman Jan 1989

Copyright Of Computer Display Screens: Summary And Suggestions, 9 Computer L.J. 417 (1989), Gregory C. Damman

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Digital Sampling: The Copyright Considerations Of A New Technological Use Of Musical Performance, Jeffrey S. Newton Jan 1989

Digital Sampling: The Copyright Considerations Of A New Technological Use Of Musical Performance, Jeffrey S. Newton

UC Law SF Communications and Entertainment Journal

The author explores the controversial topic of digital sampling, a process that allows one musician to use another musician's performance without knowledge or consent. He explores the acquisition and use of samples and argues that a musician's "sound" is a copyrightable work, satisfying both constitutional and statutory requirements. The author further examines the interplay between sample acquisition and the Copyright Act's "fixation" requirement and the question of whether digitized tone colors are uncopyrightable upon utilitarian grounds. The author concludes that a musician's "sound" is copyrightable as a derivative work, that the standard of "substantial similarity" can be used to prove …


Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer Jan 1989

Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


Trademark Licensing Of Names, Insignia, Characters And Designs: The Current Status Of The Boston Pro Hockey Per Se Infringement Rule, 22 J. Marshall L. Rev. 567 (1989), John J. Voortman Jan 1989

Trademark Licensing Of Names, Insignia, Characters And Designs: The Current Status Of The Boston Pro Hockey Per Se Infringement Rule, 22 J. Marshall L. Rev. 567 (1989), John J. Voortman

UIC Law Review

No abstract provided.


The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii Jan 1989

The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii

Penn State International Law Review (1982 - 2011)

The traditional concepts of copyright law are becoming inadequate to protect the interests of creators in today's global society. The reasons for such inadequacies stem from the emergence of satellite technology and a growing lack of consensus between copyright authors, publishers, and the general public, as to how the property interests should be compensated and enforced. This article is intended to form a foundation for meaningful discussion involving the reformation of the current basis of international copyright protection.


Public-Private Partnerships In Biomedical Research: Resolving Conflicts Of Interest Arising Under The Federal Technology Transfer Act Of 1986, Thomas N. Bulleit Jr. Jan 1989

Public-Private Partnerships In Biomedical Research: Resolving Conflicts Of Interest Arising Under The Federal Technology Transfer Act Of 1986, Thomas N. Bulleit Jr.

Journal of Law and Health

The Federal Technology Transfer Act of 1986 offers private industry the opportunity to enter into cooperative research and development agreements with scientists in federal laboratories and to gain rights in intellectual property resulting from such collaborations. Increased collaborations with private industry, however, expands the potential for conflicts of interest. Resolution of the tensions between the Technology Transfer Act and federal conflict of interest rules is important because federal laboratories, such as the NIH, are experiencing a loss of senior scientists to universities and private industry due to inadequate compensation. These tensions may be resolved by some combination of policies, regulations, …


The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling Jan 1989

The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling

Faculty Scholarship

The United States Semiconductor Chip Protection Act of 1984 (“SCPA”') has already had a profound impact on the creation of foreign legal systems of chip protection. The allure of reciprocity under the SCPA has motivated a host of nations, including Japan, the Member States of the European Communities (“EC”'), Sweden, Finland, Canada, Australia, and Switzerland, to adopt or consider adopting chip protection legislation. The SCPA has also been the impetus for multilateral discussions within the World Intellectual Property Organization (“WIPO”') and the General Agreement on Tariffs and Trade (“GATT”') to establish an international standard of chip protection. The result has …


Industrial Design Law And Practice — Introduction To A Symposium, William T. Fryer Ili Jan 1989

Industrial Design Law And Practice — Introduction To A Symposium, William T. Fryer Ili

University of Baltimore Law Review

No abstract provided.


A Designer's View Of Current Industrial Design Protection In The United States, Cooper C. Woodring Jan 1989

A Designer's View Of Current Industrial Design Protection In The United States, Cooper C. Woodring

University of Baltimore Law Review

No abstract provided.


Design Protection In Lamp Design And Manufacturing, Thomas Lowy Jan 1989

Design Protection In Lamp Design And Manufacturing, Thomas Lowy

University of Baltimore Law Review

No abstract provided.


The Glass Slipper Approach To Protecting Industrial Designs Or When The Shoe Fits, Wear It, Perry J. Saidman Jan 1989

The Glass Slipper Approach To Protecting Industrial Designs Or When The Shoe Fits, Wear It, Perry J. Saidman

University of Baltimore Law Review

No abstract provided.


Industrial Design Protection In The Automobile Industry, Kenneth Enborg Jan 1989

Industrial Design Protection In The Automobile Industry, Kenneth Enborg

University of Baltimore Law Review

No abstract provided.


Industrial Design Protection In The United States Of America—Present Situation And Plans For Revision, William T. Fryer Iii Jan 1989

Industrial Design Protection In The United States Of America—Present Situation And Plans For Revision, William T. Fryer Iii

University of Baltimore Law Review

No abstract provided.


Where Is The Protection For Creative Product Design?, Albert C. Johnston Jan 1989

Where Is The Protection For Creative Product Design?, Albert C. Johnston

University of Baltimore Law Review

No abstract provided.


Industrial Design Protection And Competition In Automobile Replacement Parts—Back To Monopoly Profits?, James F. Fitzpatrick Jan 1989

Industrial Design Protection And Competition In Automobile Replacement Parts—Back To Monopoly Profits?, James F. Fitzpatrick

University of Baltimore Law Review

No abstract provided.


Product Protection Under Current And Proposed Design Laws, William Thompson Jan 1989

Product Protection Under Current And Proposed Design Laws, William Thompson

University of Baltimore Law Review

No abstract provided.