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Articles 16021 - 16050 of 17066
Full-Text Articles in Law
Litigation Involving Protected Designs, B. R. Pravel
Litigation Involving Protected Designs, B. R. Pravel
University of Baltimore Law Review
No abstract provided.
Adam Smith Assaults Ma Bell With His Invisible Hands: Divesture, Deregulation, And The Need For A New Telecommunications Policy, Paul Stephen Dempsey
Adam Smith Assaults Ma Bell With His Invisible Hands: Divesture, Deregulation, And The Need For A New Telecommunications Policy, Paul Stephen Dempsey
UC Law SF Communications and Entertainment Journal
In this article, the author provides a comprehensive legal, political, economic, and social analysis of the divestiture and partial deregulation of America's communications giant, AT&T. He reviews the three legal regimes that now oversee the telecommunications industry-the Federal Communications Commission, the state regulatory commissions, and Judge Harold Greene. After analyzing the costs and benefits of divestiture and deregulation, the author proposes congressional adoption of specific statutory solutions to the problems that have emerged. It is argued that the Federal Communications Act of 1934 should be updated to address contemporary social and economic needs.
Constitutional Considerations Of The Children's Television Act Of 1988: Why The President's Veto Was Warranted, David S. Versfelt
Constitutional Considerations Of The Children's Television Act Of 1988: Why The President's Veto Was Warranted, David S. Versfelt
UC Law SF Communications and Entertainment Journal
Late last year, President Reagan surprised many when he vetoed the Children's Television Act of 1988, which would have limited the time available for commercials broadcast during children's programming. His veto message referred to "freedom of expression," but did not elaborate on first amendment concerns raised by the legislation. The author evaluates these and other issues and concludes that President Reagan's veto was consistent with a sensitive approach to first amendment issues in the area of children's advertising.
Sobering News For The Alcohol Industry, Amanda Grove
Sobering News For The Alcohol Industry, Amanda Grove
UC Law SF Communications and Entertainment Journal
On November 18, 1989, the Alcoholic Beverage Labeling Act of 1988 will become operative. As a result of this new federal law, all alcoholic beverage containers will be required to bear a government warning label. This note focuses on the past, present, and future of alcohol warning label legislation. First, the author traces the history and development of state and federal alcohol warning label legislation, analyzing key factors which led to passage of the Alcoholic Beverage Labeling Act of 1988. Next, the author critically examines the Act, highlighting omissions and proposing improvements. Finally, the author explores sources of continuing pressure …
Uruguay Round Trips: A Bibliographic Essay, William M. Walker
Uruguay Round Trips: A Bibliographic Essay, William M. Walker
Vanderbilt Journal of Transnational Law
The Uruguay Round of multilateral trade negotiations began with a special ministerial meeting of the Contracting Parties to the General Agreement on Tariffs and Trade (GATT) held in Punta del Este, Uruguay, on September 20, 1986. "Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods" (TRIPs) is a designated subject for negotiation in the Uruguay Round. The inclusion of intellectual property rights in the Uruguay Round is the culmination of a process that began during the Tokyo Round. While the Tokyo Round was in progress, the United States and the European Community reached a tentative accord on various …
Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, J. H. Reichman
Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, J. H. Reichman
University of Baltimore Law Review
No abstract provided.
The Scope Of Industrial Design Protection Under Trademark And Unfair Competition Laws, John B. Pegram
The Scope Of Industrial Design Protection Under Trademark And Unfair Competition Laws, John B. Pegram
University of Baltimore Law Review
No abstract provided.
Copyright-Like Protection For Designs, Ralph S. Brown
Copyright-Like Protection For Designs, Ralph S. Brown
University of Baltimore Law Review
No abstract provided.
The Doctrine Of Functionality In Design Patent Cases, Perry J. Saidman, John M. Hintz
The Doctrine Of Functionality In Design Patent Cases, Perry J. Saidman, John M. Hintz
University of Baltimore Law Review
No abstract provided.
Japanese Design Law And Practice, Yoichiro Yamaguchi
Japanese Design Law And Practice, Yoichiro Yamaguchi
University of Baltimore Law Review
No abstract provided.
The International Protection Of Industrial Designs Under The International Conventions, Pierre Maugué
The International Protection Of Industrial Designs Under The International Conventions, Pierre Maugué
University of Baltimore Law Review
No abstract provided.
The New United Kingdom Industrial Design Law, Christine Fellner
The New United Kingdom Industrial Design Law, Christine Fellner
University of Baltimore Law Review
No abstract provided.
Book Review Of A Copyright Primer For Educational And Industrial Producers, James S. Heller
Book Review Of A Copyright Primer For Educational And Industrial Producers, James S. Heller
Library Staff Publications
No abstract provided.
An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon
An Inquiry Into The Merits Of Copyright: The Challenges Of Consistency, Consent And Encouragement Theory, Wendy J. Gordon
Faculty Scholarship
Hostility to copyright has a long and honorable history. In the nineteenth century, for example, Lord Macaulay argued that while copyright might be necessary to ensure a "supply of good books," the monopoly that it imposed was at best a necessary evil.
"For the sake of the good we must submit to the evil; but the evil ought
not to last a day longer than is necessary for the purpose of securing the good."
A number of studies critical of intellectual property followed in our century. The most well known is probably the economically oriented 1970 study by Stephen Breyer …
Artists' Rights: The Kennedy Proposal To Amend The Copyright Law: Introduction, Leonard D. Duboff
Artists' Rights: The Kennedy Proposal To Amend The Copyright Law: Introduction, Leonard D. Duboff
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Impact Of Berne On United States Copyright Law, David Nimmer
The Impact Of Berne On United States Copyright Law, David Nimmer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, J. H. Reichman
Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, J. H. Reichman
Vanderbilt Journal of Transnational Law
Professor Reichman uncovers a paradox at the heart of the debate about bringing international intellectual property relations within a GATT Code of Conduct. On the one hand, the industrialized countries that subscribe to free-market principles at home want to impose a highly regulated market for intellectual goods on the rest of the world, one in which authors and inventors may "reap where they have sown." On the other hand, the developing countries that restrict free competition at home envision a totally unregulated world market for intellectual goods, one in which "competition is the lifeblood of commerce." To unravel this paradox, …
Copyright Legislation And Technological Change, Jessica D. Litman
Copyright Legislation And Technological Change, Jessica D. Litman
Articles
Throughout its history, copyright law has had difficulty accommodating technological change. Although the substance of copyright legislation in this century has evolved from meetings among industry representatives whose avowed purpose was to draft legislation that provided for the future,6 the resulting statutes have done so poorly. The language of copyright statutes has been phrased in fact-specific language that has grown obsolete as new modes and mediums of copyrightable expression have developed. Whatever copyright statute has been on the books has been routinely, and justifiably, criticized as outmoded.7 In this Article, I suggest that the nature of the legislative process we …
Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg
Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg
Articles
In this article I analyze the proper scope of an experimental use exemption from patent infringement liability by comparing the rationales behind promoting technological progress through granting exclusive patent rights in inventions with competing arguments for promoting scientific progress by allowing all investigators to enjoy free access to the discoveries of other scientists. I begin by reviewing key features of the patent laws and theoretical justifications for granting patent monopolies in order to clarify the implications of existing patent doctrine and theory for an experimental use exemption. I then look to the literature in the sociology, history, and philosophy of …
The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo
The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer
Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Case Against An American Droit De Suite, Gilbert S. Edelson
The Case Against An American Droit De Suite, Gilbert S. Edelson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Expanding Proprietary Entitlements And The Public Interest In Dissemination Of Art, Robin A. Morris
Expanding Proprietary Entitlements And The Public Interest In Dissemination Of Art, Robin A. Morris
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi
A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi
Cardozo Arts & Entertainment Law Journal
No abstract provided.
In Support Of The Resale Royalty, Thomas M. Goetzl
In Support Of The Resale Royalty, Thomas M. Goetzl
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Intellectual Property And International Trade: Merger Or Marriage Of Convenience?, R. Michael Gadbaw
Intellectual Property And International Trade: Merger Or Marriage Of Convenience?, R. Michael Gadbaw
Vanderbilt Journal of Transnational Law
This Article examines the interaction between trade and intellectual property rights policies through certain key developments in United States law, the General Agreement on Tariffs and Trade (GATT) and the World Intellectual Property Organization (WIPO). While this brief review is not intended to provide a definitive analysis, it will offer worthwhile insights into the prospects for, and implications of, such a merger. For this purpose, this Article considers the efforts in GATT to negotiate a code on intellectual property rights and the parallel efforts in WIPO to negotiate a treaty for the protection of semiconductor designs. While the GATT talks …
The United States Proposal For A Gatt Agreement On Intellectual Property And The Paris Convention For The Protection Of Industrial Property, Hans P. Kunz-Hallstein
The United States Proposal For A Gatt Agreement On Intellectual Property And The Paris Convention For The Protection Of Industrial Property, Hans P. Kunz-Hallstein
Vanderbilt Journal of Transnational Law
The GATT Arrangement would, in short, establish high international standards for the protection and enforcement of intellectual property rights of all kinds--including patents for biotechnology processes and products, patents for microorganisms, copyrights for computer programs, and the protection of trade secrets and integrated circuit layout designs. The parties to the GATT Arrangement would undertake to adapt their national laws and enforcement mechanisms accordingly and they are to agree on a dispute settlement mechanism that will provide for member states the possibility of resorting to retaliation, including withdrawal of other GATT concessions or obligations, against a state that fails to carry …
The Economics Of Intellectual Property Rights And The Gatt: A View From The South, Carlos A.P. Braga
The Economics Of Intellectual Property Rights And The Gatt: A View From The South, Carlos A.P. Braga
Vanderbilt Journal of Transnational Law
This Article explores the attitude of less developed countries (LDCs) with respect to the debate on TRIPs at the Uruguay Round. Part II addresses the evolution of the debate at the GATT level. Part III presents the economics of intellectual property rights protection from the point of view of LDCs. Finally, Part IV summarizes the main conclusions and recommendations of the Article.
International Trade And Intellectual Property: Promise, Risks, And Reality, Congressman Robert W. Kastenmeier, David Beier
International Trade And Intellectual Property: Promise, Risks, And Reality, Congressman Robert W. Kastenmeier, David Beier
Vanderbilt Journal of Transnational Law
The trading nations of the world are set to make decisions that will determine the future pattern of international trade. Negotiations are currently underway to bring trade in certain agricultural products, services, and goods and services protected as intellectual property" within the General Agreement on Tariffs and Trade (GATT). This Article will outline how the consideration of intellectual property came to be included in this round of talks. It will assess the potential benefits and risks of including intellectual property, forecast the probable outcome, and, finally, suggest ways to improve the chances for inclusion of intellectual property into the GATT. …
Protecting First World Assets In The Third World: Intellectual Property Negotiations In The Gatt Multilateral Framework, Frederick M. Abbott
Protecting First World Assets In The Third World: Intellectual Property Negotiations In The Gatt Multilateral Framework, Frederick M. Abbott
Vanderbilt Journal of Transnational Law
This Article addresses industrialized countries' growing concerns over technology transfer and their efforts to obtain protection of intellectual property rights under the General Agreement on Tariffs and Trade (GATT). Mr. Abbott analyzes the intellectual property problem in the context of the GATT framework and the weakness of current intellectual property protection. Developing countries do not accept the United States contention either that intellectual property is covered implicitly by the GATT or that the current lack of protection reflects a fundamental flaw in the General Agreement. Mr. Abbott focuses on this disagreement in laying out the framework for possible solutions, which …