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Intellectual Property Law

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Articles 16231 - 16260 of 17066

Full-Text Articles in Law

Copyright And Software Technology Infringement: Defining Third Party Development Rights, Raymond T. Nimmer, Patricia A. Krauthaus Jan 1986

Copyright And Software Technology Infringement: Defining Third Party Development Rights, Raymond T. Nimmer, Patricia A. Krauthaus

Indiana Law Journal

No abstract provided.

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The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney Jan 1986

The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney

Fordham Urban Law Journal

This student note explores the recently passed Trademark Counterfeit Act of 1984, viewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks. The author examines the history of US trademark regulation, beginning with the Lanham Act of 1946, and then predicts the effects the 1984 Act will have on commercial practice, antitrust law, the sale of goods on the "gray market," and due process implications. The author concludes that though ex parte remedies will be necessary to maintain trademark practices, the 1984 Act does not represent any sort of infringement on due process or commercial practice, …

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Copyright Liability For Performances Of Musical Works: Use Of Background Radio Music In The Aftermath Of Twentieth Century Music Corp. V. Aiken Jan 1986

Copyright Liability For Performances Of Musical Works: Use Of Background Radio Music In The Aftermath Of Twentieth Century Music Corp. V. Aiken

Washington and Lee Law Review

No abstract provided.

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Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle Jan 1986

Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle

Cleveland State Law Review

This Note focuses on the expansion of artists' rights in the United States, specifically the moral rights of paternity and integrity. It explores the history of judicial denial of moral rights and the attempt to gain protection through traditional causes of action. The Note then analyzes barriers to adoption of the moral rights doctrine, with emphasis on the challenge to traditional property concepts. The California Art Preservation Act of 1980 and the 1984 Artists' Authorship Act of New York are discussed and evaluated. This Note recommends adoption of the California statute as the model for future artists' rights legislation and …

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Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley Jan 1986

Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley

Scholarly Works

The relationship between copyright and the first amendment has been discussed repeatedly in the past fifteen years. A free speech privilege has been asserted as a defense in many copyright infringement actions, and the topic has been the subject of lively academic debate. Although no court has held an infringement claim to be defeated by a first amendment defense, considerable attention has been paid to the potential conflict between copyright and free speech interests. Commentators have speculated that in some situations copyright protection could impermissibly abridge the first amendment. The United States Supreme Court's decision in Harper & Row, Publishers …

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Legal Semiotics, Susan W. Tiefenbrun Jan 1986

Legal Semiotics, Susan W. Tiefenbrun

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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In Memory Of Melville B. Nimmer, Donald S. Chisum, Herman Finkelstein, Gary L. Francione, Paul Goldstein, Robert A. Gorman, E. Gabriel Perle, Harriet F. Pilpel, Monroe E. Price, J. H. Reichman, Barbara Ringer Jan 1986

In Memory Of Melville B. Nimmer, Donald S. Chisum, Herman Finkelstein, Gary L. Francione, Paul Goldstein, Robert A. Gorman, E. Gabriel Perle, Harriet F. Pilpel, Monroe E. Price, J. H. Reichman, Barbara Ringer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Sovereign Immunity: The Exception For Intellectual Or Industrial Property, Virginia Morris Jan 1986

Sovereign Immunity: The Exception For Intellectual Or Industrial Property, Virginia Morris

Vanderbilt Journal of Transnational Law

The doctrine of sovereign or state immunity exempts a state and its property from the judicial jurisdiction of any other state. The domestic courts of various nations have developed this doctrine over the years through cases in which private citizens have attempted to sue foreign states. Courts' enunciations of the principle of state immunity and their reasons for granting or denying the immunity are almost as numerous as the countries whose courts have faced this issue. The current work of the International Law Commission (the Commission) on the codification and the progressive development of the jurisdictional immunities of states and …

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Copyright And Fee-Based Copying Services, James S. Heller Jan 1986

Copyright And Fee-Based Copying Services, James S. Heller

Library Staff Publications

No abstract provided.

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Generic Competition And Pharmaceutical Innovation: The Drug Price Competition And Patent Term Restoration Act Of 1984, James J. Wheaton Jan 1986

Generic Competition And Pharmaceutical Innovation: The Drug Price Competition And Patent Term Restoration Act Of 1984, James J. Wheaton

Faculty Publications

This article critiques the Drug Price Competition and Patent Term Restoration Act of 1984. Part I traces the background of the two major sections of the Act by examining the recent trend toward generic competition in the pharmaceutical industry and the need perceived by some industry observers for additional incentives to pharmaceutical research. Part II of the article describes and discusses the sections of the Act designed to benefit the two segments of the pharmaceutical industry. Part III addresses the likely effect of the Act on generic competition, and Part IV provides a parallel analysis for the research-intensive pharmaceutical firms. …

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Motion Pictures In American And International Copyright Law, Christof Siefarth Jan 1986

Motion Pictures In American And International Copyright Law, Christof Siefarth

LLM Theses and Essays

This thesis intends to examine some problems of motion pictures in American and international copyright law. Motion pictures are one of the most fascinating forms of communication and entertainment. They are of enormous commercial significance and are probably the most complex works in the field of copyright law. The American motion picture industry is heavily influential throughout the world. Therefore, the subject of this work will be mainly the American copyright law. Solutions of other legal systems are treated when they provide interesting alternatives or similarities.

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Tax Policy: Copyrights And Patents, Madelyn Shohen Cantor Jan 1986

Tax Policy: Copyrights And Patents, Madelyn Shohen Cantor

Villanova Law Review (1956 - )

No abstract provided.

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Consumer Motivation In Trademark And Unfair Competition Law: On The Importance Of Source, A. Samuel Oddi Jan 1986

Consumer Motivation In Trademark And Unfair Competition Law: On The Importance Of Source, A. Samuel Oddi

Villanova Law Review (1956 - )

No abstract provided.

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The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley Jan 1986

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.

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The Compulsory License Redux: Will It Survive In A Changing Market?, Ralph Oman Jan 1986

The Compulsory License Redux: Will It Survive In A Changing Market?, Ralph Oman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Scullduggery And Other Inequities: Scull V. Scull, Raoul Lionel Felder, Jeanne Wilmot Carter Jan 1986

Scullduggery And Other Inequities: Scull V. Scull, Raoul Lionel Felder, Jeanne Wilmot Carter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Designations Of Source - Are They Necessary To Support Entertainment Industry Merchandising Rights?, Paul D. Supnik Jan 1986

Designations Of Source - Are They Necessary To Support Entertainment Industry Merchandising Rights?, Paul D. Supnik

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Works: Distinguishing Derivative Creations Under Copyright, Phillip Edward Page Jan 1986

The Works: Distinguishing Derivative Creations Under Copyright, Phillip Edward Page

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Note On The Four Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon Dec 1985

Note On The Four Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon

Scholarship Chronologically

Any overall theory must first be capable of describing what it seeks to theorize about. This article will now do that. In giving a taxonomy, the article may be making its greatest contribution. Lockean theory will hardly be the last word in i/p unification theory. But I will have at least set the terms for debate so we can finally speak clearly to each other, articulate the issues, see their implications.

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Note On The Four Faces Of The "Sharing Benefits" Issue With Handwritten - 1985, Wendy J. Gordon Dec 1985

Note On The Four Faces Of The "Sharing Benefits" Issue With Handwritten - 1985, Wendy J. Gordon

Scholarship Chronologically

Any overall theory must first be capable of describing what it seeks to theorize about. This article will now do that. In giving a taxonomy, the article may be making its greatest contribution, Lockean theory will hardly be the last world in intellectual property unification theory. But I will have at lest set the terms for debate so we can finally speak clearly to each other, articulate the issues, see their implications.

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Outline Of Green Bound - 1985, Wendy J. Gordon Nov 1985

Outline Of Green Bound - 1985, Wendy J. Gordon

Scholarship Chronologically

No abstract provided.

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Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton Sep 1985

Fairness Doctrine Limitations On Broadcasters' Copyright Of News And Public Affairs: The Liberty To Argue In The Marketplace Of Ideas, Susan E. Morton

West Virginia Law Review

No abstract provided.

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The Protection Of Computer Software Through Shrink-Wrap License Agreements Sep 1985

The Protection Of Computer Software Through Shrink-Wrap License Agreements

Washington and Lee Law Review

No abstract provided.

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Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt Sep 1985

Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt

Washington Law Review

In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditional operable assembly standard for determining a "making." In its place, the court adopted a more flexible standard that included partial assemblies that have no significant noninfringing purpose. This test for infringement significantly broadens patent protection and further restricts the permissible activity of competitors allowed during the patent term. The court's standard grants the patent owner a de facto monopoly beyond the expiration date by restricting competitors from making preparations to enter the market after the patent expires. The decision represents a movement by the Federal Circuit …

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Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt Sep 1985

Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt

Washington Law Review

In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditional operable assembly standard for determining a "making." In its place, the court adopted a more flexible standard that included partial assemblies that have no significant noninfringing purpose. This test for infringement significantly broadens patent protection and further restricts the permissible activity of competitors allowed during the patent term. The court's standard grants the patent owner a de facto monopoly beyond the expiration date by restricting competitors from making preparations to enter the market after the patent expires. The decision represents a movement by the Federal Circuit …

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Draft Of Desert Theory - 1985, Wendy J. Gordon Aug 1985

Draft Of Desert Theory - 1985, Wendy J. Gordon

Scholarship Chronologically

The first condition of Lockean theory is that property applies only to labor which appropriates something out of the common. Similarly, possession theory in American law applies only to appropriations of things which are unclaimed. While an intellectual product might seem to be drawn out of the ether, it can in fact be a difficult question whether its producers have drawn on more than commonly-owned resources.

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Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon Aug 1985

Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon

Scholarship Chronologically

No abstract provided.

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Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon Aug 1985

Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon

Scholarship Chronologically

In many areas courts are giving new intellectual property rights for reasons they largely leave unarticulated. Noncopyrightable stock averages are being protected by state law. Merchandising emblems and symbols are being protected in non-trademark contexts by trademark law. The right of publicity has expanded to such an extent that judges and commentators al iKe bewail the imminent dangers to the First Amendment caused by the imprecision of the new right’s boundaries. Even in federal copyright law, which explicitly says that facts and ideas should be free of protection, and where inadvertent copying is supposed to be as actionable as intentional …

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The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff Aug 1985

The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff

Michigan Law Review

This Note argues that statutory copyright damages are properly regarded as equitable and hence that no right to a jury trial exists in cases brought to recover such damages. More generally, the Note maintains that the seventh amendment's distinction between equitable and legal causes of action has produced irrational consequences, and proposes that "legal" issues be defined narrowly so as to limit the scope of the seventh amendment. Part I analyzes the debate over statutory copyright damages, concluding that historical and statutory construction arguments require these damages to be construed as legal. Part II examines some of the problems that …

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Notes On Entitlement Systems - 1985, Wendy J. Gordon Jun 1985

Notes On Entitlement Systems - 1985, Wendy J. Gordon

Scholarship Chronologically

If one does harm without a privilege in our system, one pays. Our tort system suggests there is a general entitlement to the status quo, enforceable only against certain actors.

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