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Articles 121 - 131 of 131
Full-Text Articles in Law
Bermuda's Legacy: Policy, Patents And The Genome Commons, Jorge L. Contreras
Bermuda's Legacy: Policy, Patents And The Genome Commons, Jorge L. Contreras
Jorge L Contreras
The multinational effort to sequence the human genome generated vast quantities of data about the genetic make-up of humans and other organisms. But, in some respects, even more remarkable than the impressive quantity of data generated by the human genome project (HGP) is the speed at which that data has been released to the public. At a 1996 summit in Bermuda, leaders of the scientific community agreed on a groundbreaking set of principles requiring that all DNA sequence data be released in publicly-accessible databases within twenty-four hours after generation. These “Bermuda Principles” contravened the typical practice in the sciences of …
Valuing Intellectual Property: An Experiment, Christopher Sprigman, Christopher Buccafusco
Valuing Intellectual Property: An Experiment, Christopher Sprigman, Christopher Buccafusco
Christopher Sprigman
In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions. …
Abolishing The Missing-Claim Rule For Judicial Cancellations, Ryan G. Vacca
Abolishing The Missing-Claim Rule For Judicial Cancellations, Ryan G. Vacca
Ryan G. Vacca
This article questions why some courts that have already found a federally registered trademark invalid refuse to cancel the registration despite having the authority to do so under § 37 of the Lanham Act. Examination of cases involving judicial cancellations reveals that a failure to assert cancellation as a claim, as opposed to a variety of other methods of requesting cancellation, is the reason courts refuse to exercise their power under § 37 - referred to as the missing-claim rule. This article criticizes the missing-claim rule as illogical and frustrating trademark law's purpose and proposes the missing-claim rule be abolished, …
Indianizing Hollywood: The Debate Over Bollywood's Copyright Infringement, Hariqbal Basi
Indianizing Hollywood: The Debate Over Bollywood's Copyright Infringement, Hariqbal Basi
Hariqbal Basi
For decades, the mainstream Indian film industry, known as Bollywood, has remade copyrighted Hollywood films for the Indian audience without legal repercussions. This practice has gone unnoticed by Hollywood until recently, and accusations have since been brought against Indian filmmakers for copyright infringement. This note provides an in depth analysis of why these potentially infringing films have only become the subject of litigation over the last two years, cultural arguments advanced by Indian filmmakers for why their remakes should constitute original, and not infringing, works, and what the effects of litigation have been. As the two industries become increasingly intertwined, …
Strategic Contracting: Contract Law As A Source Of Competitive Advantage, Larry Dimatteo
Strategic Contracting: Contract Law As A Source Of Competitive Advantage, Larry Dimatteo
Larry A DiMatteo
This paper uses sources taken from the legal literature, as well as literature from strategy and human resource management. It explores Professor Gilson’s noted remark in the Yale Law Journal that “business lawyers serve as transaction cost engineers and this function has the potential for creating value.” This exploration focuses on the strategic use of contract law in gaining a competitive advantage and to create value. It begins by differentiating two frames of the contract paradigm. One is the internal frame in which contract law’s inherent flexibility allows for its use as a source of competitive advantage. The second frame …
Swedish Copyright Evergreens Mini-Maglite?, Hans Henrik Lidgard
Swedish Copyright Evergreens Mini-Maglite?, Hans Henrik Lidgard
Hans Henrik Lidgard
In April 2009 the Swedish Supreme Court recognized copyright protection for the Mini-Maglite® torch as “artware” without any requirement for a special expression level. The overall impression of the well known Mini-Maglite torch was held to be different from other similar torches.The Court held that it displayed a sufficient degree of independence and originality despite the fact that the functional design properties of the torch are neither new nor original. This article investigates the intersection between different IPR rules in Sweden and certain other European countries and the possible extent of the copyright legislation. It concludes that the Swedish position …
The Cfi Microsoft Judgment And Trips Competition Flexibilities, Hans Henrik Lidgard, Tu T. Nguyen
The Cfi Microsoft Judgment And Trips Competition Flexibilities, Hans Henrik Lidgard, Tu T. Nguyen
Hans Henrik Lidgard
The CFI Microsoft judgment is a first by any court of a WTO Member, disregarding the competition rules in the TRIPS Agreement to justify the application of domestic competition law to the exercise of IPRs. TRIPS allow WTO Members to enact and apply national competition law to IPR-related anti-competitive practices. The position of the CFI finds support in this fact. Still, it is regretted that the CFI did not invoke the TRIPS competition rules in justifying the Commission’s decision to force Microsoft to supply interoperability information. The article considers the consequences of the European position and the effects of TRIPS …
When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng
When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng
Alina Ng
This Article explores what authorship and creative production means in the digital age. Notions of the author as the creator of the work provided a point of reference for recognizing ownership rights in literary and artistic works in conventional copyright jurisprudence. The role of the author, as the creator and producer of a work, has been seen as distinct and separate from that of the publisher and user. Copyright laws and customary norms protect the author’s rights in his creation to provide the incentive to create and allow him to appropriate the social value generated by his creativity as recognition …
Why The Uspto Should Adopt A Deferred Patent Examination System, David Peter Irimies
Why The Uspto Should Adopt A Deferred Patent Examination System, David Peter Irimies
David Irimies
To date, the United States Patent & Trademark Office (USPTO) has addressed its two main issues - backlog and stretching pendency times - primarily by throwing resources at them. This approach has failed. This paper explores how the USPTO adopting deferred examination on all non-provisional U.S. patent applications - similar to current Patent Cooperation Treaty practice - would help alleviate these issues. This paper proposes a deferral system, demonstrates how deferred examination could be done at the USPTO as part of its normal practice of examining patent applications, and discusses policy considerations that support and are antagonistic to the USPTO …
Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa
Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
The application of copyright law to music has long been fraught with complexities and continuing problems. Problems in the application of copyright to blues music have come to pass, in part, as a result of the peculiar ways in which copyright has been applied to nonvisual technologies of musical creation and reproduction. In the nineteenth century, music creation and reproduction reflected a live performance tradition, within a commercial context in which sheet music was the dominant form of fixed musical reproduction. Although copyright has been an inexact fit for music generally, in a world in which sheet music was the …
Youtube, Ugc, And Digital Music: Competing Business And Cultural Models In The Internet Age, Olufunmilayo B. Arewa
Youtube, Ugc, And Digital Music: Competing Business And Cultural Models In The Internet Age, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
YouTube, Facebook, MySpace, and other websites that contain user-generated content (UGC) have become key reference points in broader debates about copyright in the digital era. UGC websites and other digital era players have created much destruction of cultural industry business models. The rise of Web 2.0 thus poses significant challenges to pre-digital era cultural industry business models, particularly because UGC may contain copyright protected content. The challenges of YouTube and other websites containing UGC and video content follow experiences in the music arena. The music industry was the first of the cultural industries to con- front the digital era, and …