Law Commons^™

Preassignments Of Creators' Rights: An Adhesion Analysis, Paul Geller

UC Law SF Communications and Entertainment Journal

No abstract provided.

Journalists And Tape Recorders: Does Participant Monitoring Invade Privacy, Kent R. Middleton

UC Law SF Communications and Entertainment Journal

No abstract provided.

Recent Decisions, Gayle B. Carlson, Michael P. Coury, Celia J. Collins, Spencer M. Sax

Vanderbilt Journal of Transnational Law

ACT OF STATE DOCTRINE-ACT OF STATE DOCTRINE DOES NOT PRECLUDE ADJUDICATION OF ANTITRUST CLAIM INVOLVING ALLEGED FRAUDULENT PROCUREMENT OF FOREIGN PATENTS

Gayle B. Carlson

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ADMIRALTY-DAMAGES FOR WRONGFUL DEATH ON THE HIGH SEAS ARE LIMITED TO PECUNIARY LOSS

Michael P. Coury

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ANTITRUST-E.E.C. TREATY-JOINT VENTURE AGREEMENT THAT OPERATES TO PRECLUDE ENTRY INTO A GEOGRAPHIC MARKET IS PROHIBITED UNDER ARTICLE 85 OF THE E.E.C. TREATY

Celia J. Collins

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CONSTITUTIONAL LAW-TEAS STATUTE'S DENIAL OF FREE EDUCATION TO ILLEGAL ALIENS VIOLATES EQUAL PROTECTION CLAUSE AND IS PREEMPTED BY THE IMMIGRATION AND NATIONALITY ACT

Spencer M. Sax

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SOVEREIGN IMMUNITY-FOREIGN SOVEREIGN IMMUNITIES ACT …

Copyright Implications Attendant Upon The Use Of Home Videotape Recorders, Sandra Gross Schneider

University of Richmond Law Review

Copyright is the Cinderella of the law. Her rich older sisters, Franchises and Patents, long crowded her into the chimney-comer. Suddenly, the fairy godmother, Invention, endowed her with mechanical and electrical devices as magical as the pumpkin coach and the mice footmen. Now she whirls through the mad mazes of a glamorous ball.

The Patentability Of Microorganisms: Statutory Subject Matter And Other Living Things, Eric W. Guttag

University of Richmond Law Review

For the past 200 years, the federal patent laws have been used to encourage advances in scientific and technological areas. Pursuant to its constitutional authority "To Promote the Progress of Science and the Useful Arts," Congress has provided statutory protection for new and useful inventions. Consistent with constitutional and congressional mandates, patent rights have been granted for inventions which were diverse in both subject matter and complexity. For instance, the scope of patentable subject matter now extends to such highly sophisticated and revolutionary technologies as lasers, computers, and photocopiers.

Recent Decisions, James A. Walker, Charles A. Daughtrey, A. Dale Wilson

Vanderbilt Journal of Transnational Law

ADMINISTRATIVE LAW--PRESIDENT'S ATTEMPT UNDER EXECUTIVE ORDER TO REMOVE PRESIDENTIALLY APPROVED CAB ORDER FROM SCOPE OF THE WATERMAN DOCTRINE

James A. Walker

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EUROPEAN COMMUNITIES--TRADEMARK RIGHTS--COURT OF JUSTICE PREVENTS THIRD PARTY FROM AFFIXING TRADEMARK TO GOODS SOLD UNDER ANOTHER MARK

Charles Anthony Daughtrey

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THE TREATY POWER--THE PROPERTY CLAUSE PERMITS THE TRANSFER OF UNITED STATES PROPERTY THROUGH SELF-EXECUTING TREATY

A. Dale Wilson

China's Joint Venture Law: A Preliminary Analysis, Preston M. Torbert

Vanderbilt Journal of Transnational Law

China's Joint Venture Law is an impressive step towards modernizing the Chinese economy with the help of Western managerial and technical help. It is, however, unclear and incomplete in several respects. In assessing the nature of the Joint Venture Law as it presently stands and in forecasting the changes that will be made, it is helpful to look both to the experiences of Romania and Yugoslavia as well as to China's own experience with compensation trade and joint state-private enterprises. Not only are these prior experiences valuable from an analytical point of view, but they are also useful as practical …

Aronson V. Quick Point Pencil Company, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Broadcast Music, Inc. V. Cbs, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Generic Trademarks, The Ftc And The Lanham Act: Covering The Market With Formica, David E. Shipley

Scholarly Works

This article focuses on the FTC's authority under section 14 of the Lanham Act to petition for the cancellation of a trademark on the ground that the mark has become "the common descriptive name of an article or substance" and, thus, generic. The FTC's recent decision to challenge Formica Corporation's FORMICA trademark manifests a shift in agency policy which is highly inappropriate and which could have damaging effects on consumers and industry. Competition and the public interest would be better served if the FTC did not exercise this discretionary power, leaving the issue of whether a trademark should be cancelled …

The Legal Protection Of Printed Systems, Dale P. Olson

West Virginia Law Review

No abstract provided.

Total-Sales Royalties Under The Patent-Misuse Doctrine: A Critique Of Zenith, Michigan Law Review

Michigan Law Review

This Note criticizes the Supreme Court's treatment of total-sales royalties. Part I outlines the scope of the patent-misuse doctrine, and Part II describes the development of the Zenith conditioning test. Part III analyzes that test; it suggests that the Zenith opinion is not internally consistent and that courts may not be able to apply the conditioning test satisfactorily. Finally, in response to Justice Harlan's dissenting opinion in Zenith, in which he notes the dearth of literature on the economic consequences of total-sales royalty provisions, 14 Part III undertakes an analysis of those consequences. The analysis demonstrates that total-sales royalty …

Copyright Revision Act And Visual Artists, Hamish R. Sandison

UC Law SF Communications and Entertainment Journal

No abstract provided.

Post Hoc Evaluations Of Obviousness: Preliminary Report Of An Attempt To Identify, Empirically, The Characteristics Of A Superior Evaluator, Juanita V. Field, Thomas G. Field Jr.

Law Faculty Scholarship

Over a century and a quarter have passed since the Supreme Court in Hotchkiss v. Greenwood held that more than mere novelty is necessary to support a valid patent. Congress, after 100 years of experience with a concept which came to be called "invention," attempted to improve the situation by requiring that an invention not be "obvious" if it is to be patented. It seems safe to say that in the intervening time the doctrine of non-obviousness has not developed into a foolproof yardstick for measuring the quality of cerebral or other effort necessary to make an advance over the …

Business And Economic Implications Of Programme Patent Protection In Canada, 1 Computer L.J. 105 (1978), Gaylen A. Duncan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Software Patentability Bibliography, 1 Computer L.J. 233 (1978), Michael D. Scott

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Infringement And Remedies Provisions Of The New Copyright Law, Paul W. Vapner

UC Law SF Communications and Entertainment Journal

No abstract provided.

Choice Of Forum And Choice Of Law Clauses In International Commercial Agreements, George A. Zaphiriou

Maryland Journal of International Law

No abstract provided.

Motion Picture Exhibition Without A License: Alchemy In The Second Circuit, Marc R. Stein

UC Law SF Communications and Entertainment Journal

No abstract provided.

A Legal Conundrum - Transsexuals In Athletics, Lisa M. Bassis

UC Law SF Communications and Entertainment Journal

No abstract provided.

Moral Right Revisited: Are We Closer To Full Protection For Authors, Edward D. L. Yuen

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Personal Manager In California: Riding The Horns Of The Licensing Dilemma, David F. Charles

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Public Interest And The Right To Copy Nonfunctional Product Features

William & Mary Law Review

No abstract provided.

Property Rights Theory And Patent-Antitrust: The Role Of Compulsory Licensing, Martin J. Adelman

Law Faculty Research Publications

No abstract provided.

Parker V. Flook, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw

Indiana Law Journal

No abstract provided.

Compulsory Licensing Of A Trademark, Vincent N. Palladino

Buffalo Law Review

No abstract provided.

Copyright--Originality--Confusing The Standards For Granting Copyrights And Patents, Jo Walton Eaton

West Virginia Law Review

No abstract provided.

Moral Rights For Artists Under The Lanham Act: Gilliam V. American Broadcasting Cos.

William & Mary Law Review

No abstract provided.

Nonobviousness In Patent Law: A Question Of Law Or Fact?

William & Mary Law Review

No abstract provided.