Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Case Western Reserve University School of Law (16)
- University of San Diego (7)
- Vanderbilt University Law School (7)
- Maurer School of Law: Indiana University (5)
- Northwestern Pritzker School of Law (5)
-
- The University of Akron (4)
- American University Washington College of Law (2)
- Nova Southeastern University (2)
- Penn State Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Chicago-Kent College of Law (1)
- Fordham Law School (1)
- Marquette University Law School (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- Pepperdine University (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- University of Arkansas, Fayetteville (1)
- University of Cincinnati College of Law (1)
- University of Maine School of Law (1)
- University of Richmond (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Case Western Reserve Journal of International Law (16)
- San Diego International Law Journal (7)
- Vanderbilt Journal of Transnational Law (7)
- Akron Intellectual Property Journal (4)
- Northwestern Journal of International Law & Business (4)
-
- ILSA Journal of International & Comparative Law (2)
- Indiana Journal of Global Legal Studies (2)
- Indiana Law Journal (2)
- Maryland Journal of International Law (2)
- Nevada Law Journal (2)
- American Indian Law Journal (1)
- American University Law Review (1)
- Chicago-Kent Journal of Intellectual Property (1)
- Dalhousie Law Journal (1)
- Dickinson Law Review (2017-Present) (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- IP Theory (1)
- Journal of Food Law & Policy (1)
- Maine Law Review (1)
- Marquette Intellectual Property Law Review (1)
- Northwestern Journal of Technology and Intellectual Property (1)
- Pace International Law Review (1)
- Penn State International Law Review (1)
- Penn State Journal of Law & International Affairs (1)
- Sustainable Development Law & Policy (1)
- The Journal of Business, Entrepreneurship & the Law (1)
- The University of Cincinnati Intellectual Property and Computer Law Journal (1)
- University of Richmond Law Review (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
Articles 1 - 30 of 67
Full-Text Articles in Law
The Future Of Intellectual Property As A Weapon Of War, Alexandra Tasev
The Future Of Intellectual Property As A Weapon Of War, Alexandra Tasev
Pace International Law Review
Before the signing of the Decree of the Russian Federation on May 27, 2022, the use of intellectual property as a weapon of war was largely unprecedented. This article reviews the implications of the Russian-Ukrainian War on trademarks belonging to countries deemed to be “unfriendly nations” and their impact on the future of intellectual property as a weapon of war. Following the issuance of economic sanctions by the United States of America and many other countries against Russia, many global organizations took their products off the Russian market. However, in doing so, these companies did not anticipate the emergence of …
A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan
A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit
France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit
Journal of Food Law & Policy
Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode …
This Content Is Unavailable In Your Geographic Region: The United States' And The European Union's Implementation Of Anti-Circumvention Measures, Kyle Berry
Vanderbilt Journal of Transnational Law
Recently, people streaming movies and TV shows have begun to use virtual private networks (VPNs) to access content that streaming services restrict to certain geographic regions. Because of the ambiguity in international law and the implementation of the World Intellectual Property Organization (WIPO) Copyright Treaty, domestic law fails to offer streaming services a recourse to sue foreign VPN users. The WIPO Copyright Treaty established an anti-circumvention provision that would seem to apply to using VPNs to stream from other countries. But because of the provision's ambiguity, many of the WIPO Copyright Treaty member countries have adopted different standards. This problem …
Intellectual Property As A Determinant Of Health, Ana S. Rutschman
Intellectual Property As A Determinant Of Health, Ana S. Rutschman
Vanderbilt Journal of Transnational Law
Public health literature has long recognized the existence of determinants of health, a set of socioeconomic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
Dickinson Law Review (2017-Present)
In 2019, the European Parliament and Council passed Directive 2019/790. The Directive’s passage marked the end of a fouryear- long legislative attempt to impose more liability for copyright violations on Online Service Providers, an effort which was controversial from the start. Online Service Providers fear that the 2019 Directive, especially its Article 17, will completely change the structure of liability on the Internet, forcing providers to adopt expensive content filtering systems. Free speech advocates fear that ineffective filtering technology will infringe upon Internet users’ rights to express themselves, and legal scholars have pointed out the Directive’s inconsistency with prior European …
The Flourishing Race: How The Success Of American Indian Artist-Entrepreneurs Underscores The Need For Enhanced Legal Protections For Native Intellectual Property, Jessica Roberts
American Indian Law Journal
No abstract provided.
Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling
Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling
Fordham Intellectual Property, Media and Entertainment Law Journal
The advent of the internet brought about revolutionary changes and challenges to the world. Internet piracy is one area which is presenting new challenges, particularly to copyright holders such as artists, filmmakers, and creators. China has been a hotbed of piracy and is home to the second highest number of file sharing infringers in the world. China has made strides to improve its copyright protection, such as implementing a copyright law in 1990, as well as joining the World Trade Organization and signing on to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which specifies minimum levels of intellectual …
Ip Neutrality And Benefit Sharing For Seasonal Flu: An Argument In Favor Of Who Pip Framework Expansion, Arielle Sloan
Ip Neutrality And Benefit Sharing For Seasonal Flu: An Argument In Favor Of Who Pip Framework Expansion, Arielle Sloan
Chicago-Kent Journal of Intellectual Property
Currently, countries that share samples of influenza viruses with a global WHO network called GISRS can participate in IP and benefitsharing agreements over their samples only if those samples are considered potential pandemic triggers. Some key players in public health want to change that by extending those protections to seasonal flu viruses. Others argue that doing so will be problematic, by, for example, creating too much red tape for vaccine research and development or by destroying the progress that has already been made in creating GISRS. In this battle between WHO stakeholders, expanding the scope of IP and benefits agreements …
At&T V. Microsoft: Is This A Case Of Deepsouth Déjà Vu?, Christopher R. Rogers
At&T V. Microsoft: Is This A Case Of Deepsouth Déjà Vu?, Christopher R. Rogers
Maine Law Review
It has been stated many times by various courts that the patent laws of the United States do not reach beyond the borders of the United States. In an age of expanding world commerce, the territorial reach of our patent laws has sometimes made it difficult for U.S. inventors to meaningfully protect their intellectual property. For example, the Supreme Court holding in Deepsouth Packing Co. v. Laitram Corp. opened up a loophole that allowed unlicensed U.S. manufacturers to essentially export patented inventions, thereby trampling on the patent rights of U.S. patent holders selling to foreign markets. The Deepsouth loophole has …
The Defend Trade Secrets Act: Why Interpreting The New Law On Its Own Terms Promotes Uniformity, Patrick Ruelle
The Defend Trade Secrets Act: Why Interpreting The New Law On Its Own Terms Promotes Uniformity, Patrick Ruelle
Marquette Intellectual Property Law Review
Trade secrets, a category of intellectual property recognized at state and federal law, are integral parts of many corporations’ intellectual property portfolios. A trade secret is a type of intellectual property that is not disclosed by its owner, and is therefore unlike patents, trademarks, or copyrights—all types of information that are disclosed to the public. As a result, trade secrets may represent a viable alternative to patents and copyrights since its value is derived from its secrecy.
In the United States, the laws governing trade secrets have typically been the offspring of the state common law. As each state developed …
Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble
Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble
Nevada Law Journal
No abstract provided.
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
The Trademark As A Novel Innovation Index, Brian J. Focarino
The Trademark As A Novel Innovation Index, Brian J. Focarino
The Journal of Business, Entrepreneurship & the Law
When studying the relationship that exists between entrepreneurship and intellectual property, patents receive the most scholarly attention. The attention makes sense when we consider that patents are closely associated with technical progress, grant temporary monopolies that incentivize investment in research & development (R&D), and function as vectors of technological dissemination in and of themselves. In a number of industries however, conventional forms of innovation often associated with patenting are minimal or missing altogether, and require us to look elsewhere to discern innovative behavior. This Essay highlights novel applications for trademark law to entrepreneurial activity in low-technology industries and low-financing locations …
Internationalization And Local Elements: Research On Recent Amendments To The Trademark Law Of China, Xiaoqing Feng
Internationalization And Local Elements: Research On Recent Amendments To The Trademark Law Of China, Xiaoqing Feng
Akron Intellectual Property Journal
This article will explore varying aspects of the amendments of the Chinese Trademark Law. Part Two deals with detailed analysis and the reasons for the third amendment of the Trademark Law; this part is composed of five sections. The first section discusses the perfection of the application system for trademark registration, including the increase of the number of elements eligible for trademark registration, the implementation of “one trademark for multi categories,” the improvement of the system of opposition, the introduction of a proposal review system, and the availability for submitting electronic applications. The second section discusses (1) the improvement of …
The Experiences Of Trips-Compliant Patent Law Reforms In Brazil, India, And South Africa And Lessons For Bangladesh, M. Monirul Azam
The Experiences Of Trips-Compliant Patent Law Reforms In Brazil, India, And South Africa And Lessons For Bangladesh, M. Monirul Azam
Akron Intellectual Property Journal
This study analyzes the policy options used by Brazil, India, and South Africa in their transitions to a TRIPS-compliant patent law and their introduction of pharmaceutical patents. This comparative review can be used to explore possible policy options that can also be utilized by LDCs, including Bangladesh.
How (Not) To Discourage The Unscrupulous Copyist, Peter Ludwig
How (Not) To Discourage The Unscrupulous Copyist, Peter Ludwig
Akron Intellectual Property Journal
This article explores how the U.S. and Japanese courts implement the doctrine of equivalents when determining patent infringement. The doctrine of equivalents is a balance of, on one hand, the public's interest to know the metes and bounds of the patent, and on the other hand, the private interest of the patentee to be granted a sufficient scope for the granted patent. After comparing and contrasting the implementation of the doctrine in Japan and the United States, I propose a new method that places the burden on the patent practitioner, before infringement proceedings begin, to determine the proper scope of …
Patent Litigation In Japan, David W. Hill, Shinichi Murata
Patent Litigation In Japan, David W. Hill, Shinichi Murata
Akron Intellectual Property Journal
This article will explore how patent litigation in Japan has changed and will also compare and contrast aspects of patent litigation in the U.S. and Japan.
In Part II, we show recent statistical data on Japanese patent infringement litigation. Parts III and IV briefly review the Japanese judicial system and legal professionals in the area of intellectual property. Part V addresses patent-infringement actions in Japan and the recent amendments of the Code of Civil Procedure and the Patent Law. Next, Parts VI and VII discuss infringement analysis and possible defenses in patent-infringement litigation. Part VIII reviews how to calculate the …
Reconciling Patent Law And Traditional Knowledge: Strategies For Countries With Traditional Knowledge To Successfully Protect Their Knowledge From Abuse, Ameera Haider
Case Western Reserve Journal of International Law
Traditional knowledge is a form of innovation that does not fit neatly into Western notions of property. Underdeveloped countries with significant traditional knowledge lack property protection for their traditional knowledge and are often not compensated for the technology arising from this form of knowledge. This Note outlines the tension arising from the differing incentives that underlie patent and traditional knowledge systems, and recommends methods of reconciling those tensions. First, this Note advocates that countries develop national libraries of the knowledge embodied in their staple agricultural products. Next, countries should create statutes to establish a method by which outside parties can …
A Fair Return Approach To Pharmaceutical Compulsory Licensing, Maura Nuno
A Fair Return Approach To Pharmaceutical Compulsory Licensing, Maura Nuno
Case Western Reserve Journal of International Law
This article argues that universal access to drugs requires not only collaboration between nations and patent holders, but also the creation of a neutral International Panel. Under the supervision of a Neutral International Panel, the disequilibrium, created by the current system of global intellectual property protection can be equalized to improve access to drugs without undermining pharmaceutical companies and intellectual property rights.
Smoke 'Em If You Got 'Em: Intellectual Property Rights In The Tobacco Industry Going Up In Smoke, Kristen Lease
Smoke 'Em If You Got 'Em: Intellectual Property Rights In The Tobacco Industry Going Up In Smoke, Kristen Lease
Case Western Reserve Journal of International Law
The Tobacco Plain Packaging Act (TPPA) was passed in Australia in 2011 and set restrictions on the appearance of tobacco packages. The restrictions limited the use of trademarks to only the brand name, and banned any use of distinctive colors or images. Tobacco growing nations believed this restriction on trade dress violated Article 20 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which guarantees that no restriction may unjustifiably encumber intellectual property. Article 8 of the TRIPS Agreement, however, allows for encumbrances when it is intended to promote the protection of public health and safety. The tobacco growing …
Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza
Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza
Nevada Law Journal
No abstract provided.
Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski
Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski
Penn State Journal of Law & International Affairs
Egypt’s recent revolution sent shockwaves through the international community, and almost immediately political pundits began to ponder its effect on Middle Eastern stability. To date, post-revolution Egypt has struggled to regain its political stability and implement the democratic government its citizens demand. The eventual nature of the new Egyptian government will have a substantial impact not only on the region’s stability but also on international trade. As such, this comment will examine the likely impact of a new Egyptian regime on intellectual property rights and protections in Egypt. The comment explores the role of Shari’ah Law in lawmaking and Shari’ah …
Harmonizing All Around The World: Re-Evaluating The Copyright And Treaty Powers In The Post-Golan Era, Derrick Wang
Harmonizing All Around The World: Re-Evaluating The Copyright And Treaty Powers In The Post-Golan Era, Derrick Wang
Maryland Journal of International Law
No abstract provided.
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Indiana Law Journal
It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Dalhousie Law Journal
African states have, since the colonial encounter, been part of the international regimes on intellectual property rights. Formal accession to various treaties and conventions on intellectual property rights instruments should not be mistaken for actual internalization of the policies, structures and norms required for reaping the promised benefits of participation in such regimes. There is ample evidence showing that most African states do not have the requisite structures for fruitful engagement with international intellectual property rights regimes. Until this anomaly is rectified, African states' engagement with international intellectual property regimes will remain structurally flawed and inimical to the human development …
Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair
Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair
IP Theory
No abstract provided.
Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan
Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan
San Diego International Law Journal
The pathways that lead to the success of cutting-edge technologies are often fraught with risk, difficulty, and uncertainty. These issues are particularly prevalent under a regime involving lengthy time horizons for competent research, development, and commercialization, which may require regulatory approvals. These challenges are known to be endemic to capital-intensive technology development which requires significant follow-on funding, particularly in highly regulated industries such as life sciences (e.g., pharmaceuticals/biotechnology and electronic medical devices ) and clean technology (which may be subdivided into clean or renewable energy generation and clean or renewable energy efficiency technologies and services, the former having more direct …
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom
San Diego International Law Journal
The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of KIPO. Part II will take a brief look at the rationale underpinning Korea’s confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. Part III will examine one of the highlights of Korean patent legislation, the Korean Invention Promotion Act, …
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
San Diego International Law Journal
This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …