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Articles 1 - 9 of 9
Full-Text Articles in Law
Harvesting Intellectual Property: "Inspired Beginnings" And "Work Makes Work," Two Stages In The Creative Processes Of Artists And Innovators, Jessica M. Silbey
Harvesting Intellectual Property: "Inspired Beginnings" And "Work Makes Work," Two Stages In The Creative Processes Of Artists And Innovators, Jessica M. Silbey
Jessica Silbey
This Article is part of a larger empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents, and business partners. The book-length project involves the collecting and analysis of stories from artists, scientists, and engineers about how and why they create and innovate. It also collects stories from their employers, business partners, managers, and lawyers about their role in facilitating the process of creating and innovating. The book’s aim is to make sense of the intersection between intellectual property law and creative and innovative activity, specifically to discern how intellectual property intervenes in the careers of the …
Primitive Accumulation And Enclosure Of The Commons: Genetically Engineered Seeds And Canadian Jurisprudence, Wilhelm Peekhaus
Primitive Accumulation And Enclosure Of The Commons: Genetically Engineered Seeds And Canadian Jurisprudence, Wilhelm Peekhaus
Wilhelm Peekhaus
This paper juxtaposes the legal decisions made in the case of Percy Schmeiser, who was sued by Monsanto for patent infringement, against the attempt by the Organic Agriculture Protection Fund to obtain class certification in its efforts to sue Monsanto and Bayer for genetic contamination of organic canola. Together these two cases establish an unacceptable incongruity at common law between the rights enjoyed by intellectual property owners and any corresponding duties that might attach to their inventions. I suggest that Marx’s concept of primitive accumulation offers a suitable theoretical register for apprehending contemporary erosions of the commons through the enclosure …
Teaching Law With Online Role-Playing Simulations, Ira Nathenson
Teaching Law With Online Role-Playing Simulations, Ira Nathenson
Ira Steven Nathenson
This document contains materials prepared for the summer 2011 conference of the Institute for Law Teaching and Learning held at New York Law School. The concise materials include: a listing of useful online tools; documentation for a miniature simulation; suggested components of an "associate" case file; methodology for formative and summative evaluation; and a sample scoresheet incorporating all ten MacCrate skills. A summary of the presentation is provided below: Live websites provide a dynamic “sandbox” for role-playing simulations that cast students as “lawyers” acting for fictional clients. Such simulations, initially crafted for a Cyberlaw class, can also be used in …
Recent Developments In Intellectual Property Law In Nigeria, Ufuoma Barbara Akpotaire
Recent Developments In Intellectual Property Law In Nigeria, Ufuoma Barbara Akpotaire
Ufuoma Barbara Akpotaire
Key Point – This article provides an overview of the developments in the field of Intellectual Property (IP) in Nigeria and highlights key issues in 10 recent judgments on IP Law in Nigeria. The cases are organized thematically according to the type of Intellectual Property Rights (IPRs) protected under the Nigerian legal system such as trademarks, copyrights, patents, and designs. The decision to pen this Article is borne out of a conversation with a colleague in New York, who seemed surprised to learn that I had worked as an IP lawyer in Nigeria. My colleague was aware of the existence …
Transparent And Commercialized?: Managing The Public-Private Model For Data Production And Use, Shubha Ghosh
Transparent And Commercialized?: Managing The Public-Private Model For Data Production And Use, Shubha Ghosh
Shubha Ghosh
This Article examines the relationship between two trends: the move towards transparency in government data and information and the increasing commercialization of data through social network and other sites. The author presents a normative framework for reconciling these two trends, analyzes the legal implications of this normative framework, and examines three case studies: the private use of government real estate assessment records, the creation of websites like data.gov, and governmental protection of databases. The Article concludes with a proposal for an open source licensing model for data and information.
The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco
The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco
Christopher J. Buccafusco
No abstract provided.
Laws Relating To Data Protection In India, Mubashshir Sarshar
Laws Relating To Data Protection In India, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Let The Trademark "Bully" Be!, Man K. Huynh
Let The Trademark "Bully" Be!, Man K. Huynh
Man K. Huynh
Trademark owners who use their trademark rights to harass and intimidate other businesses beyond what the law might be reasonably interpreted to allow are considered trademark “bullies.” The hallmark of a bully is the use of supposed intimidation tactics, but a trademark owner’s rights can be lost or restricted through a failure to control how third parties use the mark, or even similar marks. This article will attempt to explore the inherent conflict that exists in this juncture of trademark law.
“Complete Domestic Act Of Infringement” Supports The Application Of The “First Sale” Doctrine To Goods Manufactured Abroad., Man K. Huynh
“Complete Domestic Act Of Infringement” Supports The Application Of The “First Sale” Doctrine To Goods Manufactured Abroad., Man K. Huynh
Man K. Huynh
On December 13, 2010 the Supreme Court of the United States affirmed a lower court’s decision against Costco Wholesale Corp. and in favor of Omega, S.A. The divided Supreme Court agreed with the lower court that the “first-sale doctrine” does not apply to imported works manufactured abroad, and can be used as a defense. The basis of this case is rooted in 17 U.S.C. §109 which states that the “. . . owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, …