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Full-Text Articles in Law
Copyright Lawmaking Authority: An (Inter)Nationalist Perspective On The Treaty Clause (Symposium), Graeme B. Dinwoodie
Copyright Lawmaking Authority: An (Inter)Nationalist Perspective On The Treaty Clause (Symposium), Graeme B. Dinwoodie
Graeme B. Dinwoodie
This contribution to a symposium on Copyright and The Constitution considers whether the Treaty Clause provides an alternative source of copyright lawmaking authority with respect to enactments impermissible under the Copyright Clause. Existing literature suggests three paradigmatic positions on the question. First, some scholars view the Treaty Clause as conferring a power whose content is wholly subservient to the limits of the Copyright Clause. A second group of scholars sees the Treaty Clause as offering an alternative lawmaking authority, but one that is substantially limited by the internal limits of the Treaty Clause. Finally, some commentators and litigants have read …
Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement (With R. Dreyfuss), Graeme B. Dinwoodie
Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement (With R. Dreyfuss), Graeme B. Dinwoodie
Graeme B. Dinwoodie
Although the technological community was once fairly united in its needs from the patent system, the recent debate over patent reform has made it clear that this is no longer the case. Rather, it has become increasingly difficult to believe that a one–size–fits–all approach to patent law can survive. In this brief contribution to a symposium tackling Diversity in Innovation Policy, we consider the ways in which intellectual property obligations, most notably the TRIPS Agreement, circumscribe the ability of national lawmakers to tailor patent protection to reflect the concerns of different industries. In particular, we propose that TRIPS art. 27, …
The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme B. Dinwoodie
The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme B. Dinwoodie
Graeme B. Dinwoodie
International intellectual property norms are now being developed by a wide range of institutions - some national, some international, and some that do not fit neatly into either category; by bodies designed to address intellectual property; by trade and other bodies; and by actors public, private, and indeterminate. This new wave of international norm creation not only augments a growing body of substantive norms but also raises difficult structural questions about the future development of the international intellectual property system. This essay, a lecture delivered to the Annual Meeting of the American Society of International Law in 2004, is being …
Patenting Science: Protecting The Domain Of Accessible Knowledge (With R. Dreyfuss), Graeme B. Dinwoodie
Patenting Science: Protecting The Domain Of Accessible Knowledge (With R. Dreyfuss), Graeme B. Dinwoodie
Graeme B. Dinwoodie
In this book chapter, we look at the effect of commodification on scientific and technological, as opposed to cultural, activity. After discussing the nature of the commodification debate and the constraints unique to scientific and technological production, we explore ways in which the domain of accessible knowledge could be reconstituted. In our discussion of these strategies, we draw on previous work in which we analyzed (1) various substantive methods for curbing perceived encroachments on the public domain to see how each would fare if challenged under the TRIPS Agreement, and (2) the relationship between the dynamics of domestic legislative procedures …
The Story Of Kellogg Co. V. National Biscuit Co.: Breakfast With Brandeis, Graeme B. Dinwoodie
The Story Of Kellogg Co. V. National Biscuit Co.: Breakfast With Brandeis, Graeme B. Dinwoodie
Graeme B. Dinwoodie
Kellogg Co. v. National Biscuit Co. may be the Supreme Court's most versatile and influential trademark decision. Justice Brandeis' opinion contained language that is now at the core of the statutory test for whether a term should be unprotected because consumers understand the term as the generic name for the product on which it is used. That same language guides courts seeking to determine whether a mark has acquired the degree of secondary meaning necessary to support trademark protection. Plaintiffs seeking to establish trademark rights in a product shape must demonstrate that the shape in question is not "functional" according …
Wto Dispute Resolution And The Preservation Of The Public Domain Of Science Under International Law (With R. Dreyfuss), Graeme B. Dinwoodie
Wto Dispute Resolution And The Preservation Of The Public Domain Of Science Under International Law (With R. Dreyfuss), Graeme B. Dinwoodie
Graeme B. Dinwoodie
The TRIPS Agreement can be read to reflect a static view of the structure of intellectual property law. In this paper, we address whether - and how - the TRIPS Agreement can be interpreted to give it more fluidity, and thus to allow adjustments in national intellectual property regimes designed to reflect the dynamic nature of information production. To focus that inquiry, we concentrate on efforts to ensure a broader public domain for "upstream" inventions by modifying various elements of US patent law. The paper considers three stylized examples and asks whether each approach could be adopted by the United …
International Intellectual Property Law And The Public Domain Of Science (With R. Dreyfuss), Graeme B. Dinwoodie
International Intellectual Property Law And The Public Domain Of Science (With R. Dreyfuss), Graeme B. Dinwoodie
Graeme B. Dinwoodie
The TRIPS Agreement can be read to reflect a static view of the structure of intellectual property law. In this paper, we address wither - and how - the TRIPS Agreement can, on the other hand, be read with more fluidity, and thus to allow adjustments in national intellectual property regimes designed to reflect the the dynamic nature of information production. To focus that inquiry, we concentrate on efforts to ensure a broader public domain for 'upstream' inventions by modifying various elements of US patent law. The paper considers three stylized examples and asks whether each approach could be adopted …
The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture On Intellectual Property Law: The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture On Intellectual Property Law: The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.
Trips And The Dynamics Of Intellectual Property Lawmaking (With R. Dreyfuss), Graeme B. Dinwoodie
Trips And The Dynamics Of Intellectual Property Lawmaking (With R. Dreyfuss), Graeme B. Dinwoodie
Graeme B. Dinwoodie
In prior work, we took up the question of the TRIPs Agreement's resilience to changes in domestic law. We argued that such resilience is necessary because information production is a dynamic enterprise. As new industries emerge and mature, nations must have the flexibility to modify their intellectual property rules to readjust the balance between public and private rights. In the course of that study, we examined approaches to TRIPs dispute resolution that could cabin the choices of legislation available to deal with emergent substantive problems, and which could distort the legal environment in which creative enterprises are conducted. In this …
Commitments To Territoriality In International Copyright Scholarship, Graeme B. Dinwoodie
Commitments To Territoriality In International Copyright Scholarship, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.
(National) Trademark Laws And The (Non-National) Domain Name System, Graeme B. Dinwoodie
(National) Trademark Laws And The (Non-National) Domain Name System, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.
A New Copyright Order: Why National Courts Should Create Global Norms, Graeme B. Dinwoodie
A New Copyright Order: Why National Courts Should Create Global Norms, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.
The Integration Of International And Domestic Intellectual Property Lawmaking, Graeme B. Dinwoodie
The Integration Of International And Domestic Intellectual Property Lawmaking, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.
The Death Of Ontology: A Teleological Approach To Trademark Law, Graeme B. Dinwoodie
The Death Of Ontology: A Teleological Approach To Trademark Law, Graeme B. Dinwoodie
Graeme B. Dinwoodie
In recent years, U.S. courts have recognized that a wide (and potentially limitless) range of subject matter may act as a trademark. These developments arguably comport both with a contemporary (global) consumer who is less reliant on linguistic forms of communication and with postmodern scholarship regarding the varied sources and development of meaning. This article addresses how trademark law should adapt to the reality that consumers identify and distinguish products using a range of symbols other than the traditional forms of words and pictorial images. I contend that, in order to regulate effectively the present-day marketplace, trademark law must recognize …
Reconceptualizing The Inherent Distinctiveness Of Product Design Trade Dress, Graeme B. Dinwoodie
Reconceptualizing The Inherent Distinctiveness Of Product Design Trade Dress, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.
Federalized Functionalism: The Future Of Design Protection In The European Union, Graeme B. Dinwoodie
Federalized Functionalism: The Future Of Design Protection In The European Union, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.