Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Intellectual property (9)
- Patents (6)
- ACTA (5)
- Product counterfeiting (5)
- Anti-Counterfeiting Trade Agreement (4)
-
- Treaties (4)
- Copyright (3)
- Feminist jurisprudence (3)
- Intellectual Property (3)
- Intellectual Property Law (3)
- Enforcement (2)
- Generic drugs (2)
- Health services accessibility (2)
- IP (2)
- International law (2)
- International trade (2)
- Open Access (2)
- Scholarly publishing (2)
- Sex discrimination (2)
- Treaties -- Interpretation & construction (2)
- Treaty compliance (2)
- Women (2)
- Anti- Counterfeiting Trade Agreement (1)
- Book review (1)
- Border searches (1)
- Chile (1)
- China (1)
- Commercial treaties (1)
- Congress (1)
- Publication
- Publication Type
Articles 1 - 30 of 32
Full-Text Articles in Law
Public Interest Analysis Of The Us Tpp Proposal For An Ip Chapter, Sean Flynn, Margot E. Kaminski, Brook K. Baker, Jimmy H. Koo
Public Interest Analysis Of The Us Tpp Proposal For An Ip Chapter, Sean Flynn, Margot E. Kaminski, Brook K. Baker, Jimmy H. Koo
Joint PIJIP/TLS Research Paper Series
This briefing paper provides preliminary analysis of two leaked U.S. proposals for an intellectual property chapter in the Trans Pacific Partnership (TPP) agreement. The U.S. proposal, if adopted, would create the highest intellectual property protection and enforcement standards in any free trade agreement to date. Its provisions are primarily based on, and frequently go beyond, the maximalist and controversial standards of the Korea-US Free Trade Agreement (KORUS), the Anti-Counterfeiting Trade Agreement (ACTA) and US law, while negating the development-oriented flexibilities required by the 2007 New Trade Deal for developing countries and included in the US-Peru Free Trade Agreement. If adopted, …
Why Full Open Access Matters, Michael Carroll
Why Full Open Access Matters, Michael Carroll
Articles in Law Reviews & Other Academic Journals
This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.
Why Full Open Access Matters, Michael W. Carroll
Why Full Open Access Matters, Michael W. Carroll
Joint PIJIP/TLS Research Paper Series
This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.
Acta And Access To Medicines, Sean Flynn, Bijan Madhani
Acta And Access To Medicines, Sean Flynn, Bijan Madhani
Joint PIJIP/TLS Research Paper Series
The Greens/EFA Internet Core Group in the European Parliament, and a collection of its individual members, commissioned this analysis of potential impacts of the Anti-Counterfeiting Trade Agreement (ACTA) on access to medicines in developing countries.” On the whole, ACTA negotiators created an agreement that shifts international “hard law” rules and “soft law” encouragements toward making enforcement of intellectual property rights in courts, at borders, by the government and by private parties easier, less costly, and more “deterrent” in the level of penalties. In doing so, it increases the risks and consequences of wrongful searches, seizures, lawsuits and other enforcement actions …
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Legislation and Policy Brief
Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus. Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class. Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different. Jane notices that many people are staring, pointing, and snickering at her. Is there something on her face? She quickly pulls out her compact and realizes that all makeup is …
Introduction: Cities And Sustainability
Introduction: Cities And Sustainability
Sustainable Development Law & Policy
No abstract provided.
Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle), Jonas Anderson
Book Reviews
A review of Gene Patents and Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models and Liability Regimes.
Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement), Sean Flynn
Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement), Sean Flynn
Joint PIJIP/TLS Research Paper Series
The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).
Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking, David S. Levine
Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking, David S. Levine
Joint PIJIP/TLS Research Paper Series
The negotiations of the Anti-Counterfeiting Trade Agreement (ACTA) have been marred by a level of attempted secrecy heretofore unseen in international intellectual property lawmaking. Simultaneously, the Freedom of Information Act (FOIA) has been used in several significant national contexts to prevent the disclosure of data and information in ways that call into question its efficacy as an effective regulation of governmental knowledge. This paper seeks to tie together these two recent developments in order to (a) prevent future international intellectual property law negotiations from being unduly secret and (b) encourage Congress to consider reforming FOIA in light of current public …
Gender And Invention: Mapping The Connections, Victoria Phillips
Gender And Invention: Mapping The Connections, Victoria Phillips
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Acta's State Of Play: Looking Beyond Transparency, Michael Geist
Acta's State Of Play: Looking Beyond Transparency, Michael Geist
American University International Law Review
No abstract provided.
Acta's Constitutional Problem: The Treaty Is Not A Treaty , Sean Flynn
Acta's Constitutional Problem: The Treaty Is Not A Treaty , Sean Flynn
American University International Law Review
No abstract provided.
Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine
Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine
American University International Law Review
No abstract provided.
Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler
Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Race To The Cure: Why Gene Patents Pave The Way For Breast Cancer Research, Nicole Boutros
Race To The Cure: Why Gene Patents Pave The Way For Breast Cancer Research, Nicole Boutros
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Acta And The Specter Of Graduated Response , Annemarie Bridy
Acta And The Specter Of Graduated Response , Annemarie Bridy
American University International Law Review
No abstract provided.
Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva
Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva
American University International Law Review
No abstract provided.
A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan
A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan
American University International Law Review
No abstract provided.
Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens
Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens
American University International Law Review
No abstract provided.
Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker
Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker
American University International Law Review
No abstract provided.
The Federal Circuit's Decision In Myriad: Isolated Dna Molecules Are Patentable Subject Matter, Seth R. Ogden
The Federal Circuit's Decision In Myriad: Isolated Dna Molecules Are Patentable Subject Matter, Seth R. Ogden
American University Law Review
No abstract provided.
Secret Inventions, Jonas Anderson
Secret Inventions, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Patent law - and innovation policy more generally - has traditionally been conceptualized as antithetical to secrecy. Not only does the patent system require inventors to publicly disclose their inventions in order to receive a patent, but various patent doctrines are designed to encourage inventors to forego trade secrecy. This Article offers a critique of the law’s preference for patents. In particular, this Article examines whether and under what circumstances the law should prefer patents over secrets, and vice versa.
As an initial step towards a theoretically-supported system of inventor incentives, this Article constructs a framework that attempts to balance …
Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn
Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn
Articles in Law Reviews & Other Academic Journals
On the eve of the United States’ entry into the Anti-Counterfeiting Trade Agreement (“ACTA”), there is considerable confusion as to just what legal effect the agreement will have. In written answers to Senator Ron Wyden, the United States Trade Representative (“USTR”) went to lengths to describe ACTA as non-binding, asserting that “ACTA does not constrain Congress’ authority to change U.S. law,” and that it would operate only as an “Executive Agreement” that “can be implemented without new legislation.” But European negotiators have described the agreement to their legislature in very different terms, asserting that ACTA is “a binding international agreement …
Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn
Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn
Joint PIJIP/TLS Research Paper Series
The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).
Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall
Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall
American University International Law Review
No abstract provided.
Trips Enforcement And Developing Countries, Peter K. Yu
Trips Enforcement And Developing Countries, Peter K. Yu
American University International Law Review
No abstract provided.
Scientific Productivity And Gender Performance Under Open And Proprietary Science Systems: The Case Of Chile In Recent Years, Bernadita Escobar Andrae
Scientific Productivity And Gender Performance Under Open And Proprietary Science Systems: The Case Of Chile In Recent Years, Bernadita Escobar Andrae
American University Journal of Gender, Social Policy & the Law
No abstract provided.
“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral
“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Eligible Patent Matter—Gender Analysis Of Patent Law: International And Comparative Perspectives, Shlomit Yanisky-Ravid
Eligible Patent Matter—Gender Analysis Of Patent Law: International And Comparative Perspectives, Shlomit Yanisky-Ravid
American University Journal of Gender, Social Policy & the Law
No abstract provided.