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- Giuseppina D'Agostino (3)
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Articles 1 - 29 of 29
Full-Text Articles in Law
The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze
The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze
Maryna Koberidze
Cultural Environmentalism And The Constructed Commons, Molly Van Houweling
Cultural Environmentalism And The Constructed Commons, Molly Van Houweling
Molly Van Houweling
Van Houweling explores both the benefits and failings of conservation easements on land on the one hand and the licensing commons on the other. Conservation easement The tools of cultural environmentalism in the lights of objections to conservation easements and more general concerns with complicated and fragmented property rights are also considered. Among other things, she provides clear theoretical differences between the public domain, where freedom is based on the absence of property rights, and the licensing commons, where freedom is based on the absence on the preemptive exercise of the property rights by the rights holder in order to …
Response: Systems Of Human And Intellectual Capital, Mark Mckenna, Brett F. Frischmann
Response: Systems Of Human And Intellectual Capital, Mark Mckenna, Brett F. Frischmann
Mark P. McKenna
This essay reviews Orly Lobel's article The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property. It commends Professor Lobel for outlining the contours of the “new” field of human capital law, and for emphasizing the potential consequences of the growing enclosure of cognitive capacities in contemporary markets. From this starting point the essay makes two modest suggestions for researchers. First, it suggests that those building on Lobel’s work consider more contextual description and evaluation of human and intellectual capital production systems. Doing so would avoid overly abstract, macro-level analysis that is often divorced from reality and …
Trade Secrets, Trade, And Extraterritoriality, Elizabeth A. Rowe, Daniel M. Mahfood
Trade Secrets, Trade, And Extraterritoriality, Elizabeth A. Rowe, Daniel M. Mahfood
Elizabeth A Rowe
When a foreign individual or company misappropriates the trade secrets of an American company, and the acts of misappropriation occur entirely outside of the United States, the trade secret law of the United States generally will not apply. This represents the principle of extraterritoriality, and identifies a major vulnerability for companies that choose to conduct operations or engage in other business abroad. In such situations, the substantive and procedural laws of another country are likely to define whether the allegedly misappropriated information is protected and has been misappropriated. Providing a domestic forum to prosecute extraterritorial infringement would substantially benefit domestic …
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall
Kimberlee G Weatherall
This note comments on the TPP copyright provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary
Section By Section Commentary On The Tpp Final Ip Chapter Published 6 November 2015 – Part 1 – General Provisions, Trade Mark, Gis, Designs, Kimberlee G. Weatherall
Section By Section Commentary On The Tpp Final Ip Chapter Published 6 November 2015 – Part 1 – General Provisions, Trade Mark, Gis, Designs, Kimberlee G. Weatherall
Kimberlee G Weatherall
This note comments on the TPP general provisions and rules on trade mark, GIs, and designs. It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary.
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 3 - Enforcement, Kimberlee G. Weatherall
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 3 - Enforcement, Kimberlee G. Weatherall
Kimberlee G Weatherall
This note comments on the TPP IP enforcement provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary. Note: version 0.1 adds fn 1 reference to Bridy on ISP safe harbors.
Advocacy In Ip Litigation In The Supreme Court: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, David Vaver
Advocacy In Ip Litigation In The Supreme Court: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, David Vaver
David Vaver
The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada shares his thoughts regarding the five important copyright cases (known as the “Copyright Pentalogy”) that he took part in deciding earlier this year.
Territoriality Of Trade Marks In A Post-National Era, Graeme B. Dinwoodie, David Vaver
Territoriality Of Trade Marks In A Post-National Era, Graeme B. Dinwoodie, David Vaver
David Vaver
Professor Dinwoodie discusses the "Territoriality of Trade Marks in a Post-National Era"; proposing that a cardinal principle of IP law is that it is territorial, and it has always been that way even within the international systems since the late 19th century. However, global trade and social changes along with the creation of the online marketplace have called into question the practical relevance of this territoriality principle.There is a growing gap between the global reach of trade and the local nature of IP law, and what should be of interest to us is how we respond to this gap between …
The Legal Implications Of Commercializing Intellectual Property Rights, Giuseppina D'Agostino
The Legal Implications Of Commercializing Intellectual Property Rights, Giuseppina D'Agostino
Giuseppina D'Agostino
Giuseppina D'Agostino, an expert in intellectual property and technology law and an Associate Professor at Osgoode Hall Law School on IP law and commercialization.
Advocacy Skills And Ip: Observations From The Bench, Roger Hughes, Giuseppina D'Agostino
Advocacy Skills And Ip: Observations From The Bench, Roger Hughes, Giuseppina D'Agostino
Giuseppina D'Agostino
Justice Roger T. Hughes of the Federal Court of Canada shares his experience and talks about the process a judge goes through in arriving at a judgment.
Contract Lex Rex : Towards Copyright Contract's Lex Specialis, Giuseppina D'Agostino
Contract Lex Rex : Towards Copyright Contract's Lex Specialis, Giuseppina D'Agostino
Giuseppina D'Agostino
No abstract provided.
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
Christopher B. Seaman
Trade secrecy is unique among the major intellectual property (IP) doctrines because it is governed primarily by state law. Recently, however, a number of influential actors — including legislators, academics, and organizations representing IP attorneys and owners — have proposed creating a private civil cause of action for trade secret misappropriation under federal law. Proponents assert that federalizing trade secrecy would provide numerous benefits, including substantive uniformity, the availability of a federal forum for misappropriation litigation, and the creation of a unified national regime governing IP rights. This Article engages in the first systematic critique of the claim that federalizing …
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston Nagan
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston Nagan
Winston P Nagan
This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …
The Supreme Assimilation Of Patent Law, Peter Lee
The Supreme Assimilation Of Patent Law, Peter Lee
Peter Lee
Although tensions between universality and exceptionalism apply throughout law, they are particularly pronounced in patent law, a field that deals with highly technical subject matter. This Article explores these tensions by investigating an underappreciated descriptive theory of Supreme Court patent jurisprudence. Significantly extending previous scholarship, it argues that the Court’s recent decisions reflect a project of eliminating “patent exceptionalism” and assimilating patent doctrine to general legal principles (or, more precisely, to what the Court frames as general legal principles). Among other motivations, this trend responds to rather exceptional patent doctrine emanating from the Federal Circuit in areas as varied as …
From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu
From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu
Peter K. Yu
In From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-First Century, I criticized the ineffectiveness and short-sightedness of the U.S.-China intellectual property policy. As I argued, the approach taken by the administration in the 1980s and early 1990s had created a cycle of futility in which China and the United States repeatedly threatened each other with trade wars only to back down in the eleventh hour with a compromise that did not provide sustainable improvements in intellectual property protection. Since I wrote that article five years ago, China has joined the WTO and undertook a complete overhaul …
Institutional Choice & Interest Groups In The Development Of American Patent Law: 1790-1865, Andrew Morriss, Craig Nard
Institutional Choice & Interest Groups In The Development Of American Patent Law: 1790-1865, Andrew Morriss, Craig Nard
Andrew P. Morriss
This paper analyzes the evolution of U.S. patent law between the first patent act in 1790 and 1870, the passage of the last major patent act of the nineteenth century. During most of the nineteenth century, patent law developed in the courts, and instrumental to this development were a relatively small patent bar, a subset of the judiciary, and several repeat parties who played a role in a significant proportion of patent cases. Yet at several junctures, most importantly with the major changes introduced in 1836, but also through minor statutory changes throughout the nineteenth century, Congress intervened to alter …
A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan
A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan
Deepa Varadarajan
This Article argues that the doctrinal and normative divide between traditional knowledge protection and intellectual property law has been overemphasized, and that trade secret law can help narrow it. First, in terms of doctrinal fit, trade secret doctrine offers a viable model for protecting a subset of traditional knowledge that is not already publicly available. Broadly speaking, trade secret law imposes liability for the wrongful acquisition, use, or disclosure of valuable information that is the subject of reasonable secrecy efforts. Second, in addition to its practical import, the underlying justifications of trade secret law offer a useful normative guide for …
National Treatment, National Interest And The Public Domain, Margaret Ann Wilkinson
National Treatment, National Interest And The Public Domain, Margaret Ann Wilkinson
Margaret Ann Wilkinson
The concept of the "public domain" is a powerful rhetorical element in he policy debates involving intellectual property. But is it a stable and useful concept for analyzing information issues? Can the notion of the public domain and the concept of the information commons be separated? Is the notion of the public domain merely another way of expressing the public interest? This paper canvassed the literature, seeking a theoretically consistent definition for public domain that was equally applicable across the copyright, trademark and patent spheres. The analysis demonstrated that there is no such construct. The paper also reviews the findings …
Leveraging Knowledge Assets: Can Law Reform Help?, Margaret Ann Wilkinson, Mark Perry
Leveraging Knowledge Assets: Can Law Reform Help?, Margaret Ann Wilkinson, Mark Perry
Margaret Ann Wilkinson
No abstract provided.
Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges
Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges
Robert P Merges
No abstract provided.
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Pamela Samuelson
The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.
Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter
Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter
Megan M Carpenter
This project is an empirical analysis of trademarks that have received rejections based on the judgment that they are “scandalous." It is the first of its kind. The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act generally, this piece is the first scholarly project that engages an empirical analysis of 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. We study which marks are being rejected, what evidence is …
Promoting “Academic Entrepreurship” In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, Constance Bagley, Christina Tvarno
Promoting “Academic Entrepreurship” In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, Constance Bagley, Christina Tvarno
Constance E. Bagley
In 2014, the European Commission announced the launch of a study of knowledge transfer by public research organizations and other institutes of higher learning “to determine which additional measures might be needed to ensure an optimal flow of knowledge between the public research organisations and business thereby contributing to the development of the knowledge based economy.” As the European Commission has recognized, the EU needs to take action to “unlock the potential of IPRs [intellectual property rights] that lie dormant in universities, research institutes and companies.” This article builds on our earlier work on structuring efficient pharmaceutical public-private partnerships (PPPPs) …
Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third-Sector Enterprise, Elizabeth Spencer, Francina Cantatore
Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third-Sector Enterprise, Elizabeth Spencer, Francina Cantatore
Francina Cantatore
Effective intellectual property (IP) management is an important aspect of good governance. There has been little research on IP management in the third sector and the challenges faced by these enterprises in developing, managing and protecting IP. This article explores the landscape of IP in third-sector enterprise. It outlines the challenges in developing and managing IP. and the reasons why IP may be under-managed. From a theoretical perspective this article will contribute to the literature available in this field and provide a foundation for further research. Debate about IP taw is polarised, but it is hoped that "a balanced approach …
Antitrust And Information Technologies, Herbert Hovenkamp
Antitrust And Information Technologies, Herbert Hovenkamp
Herbert Hovenkamp
Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. Changes in the technologies of information also affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm. For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. In purely digital markets intellectual property rights are crucial …
Do Patent Licensing Demands Mean Innovation?, Robin C. Feldman, Mark A. Lemley
Do Patent Licensing Demands Mean Innovation?, Robin C. Feldman, Mark A. Lemley
Robin C Feldman
Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu
Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu
J. Janewa Osei-Tutu
Trolls Or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value To Society?, Samuel F. Ernst
Trolls Or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value To Society?, Samuel F. Ernst
Samuel F Ernst
There are few areas of patent law more contentious than the dispute over the social utility of “non-practicing entities,” or (if you will excuse the expression) “patent trolls.” Whether non-practicing entities add value to society is a topic of much debate, and the focus of the 2015 Chapman Law Review Symposium.