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Full-Text Articles in Law
Harmonization Through Condemnation: Is New London The Key To World Patent Harmony?, Max S. Oppenheimer
Harmonization Through Condemnation: Is New London The Key To World Patent Harmony?, Max S. Oppenheimer
Vanderbilt Journal of Transnational Law
Since 1790, when two U.S. patent applicants have claimed the same invention, the patent has been awarded to the first inventor. Today, the United States stands alone in the industrialized world, and many argue that the United States should, in the interest of world patent harmony, change its system so as to award a contested patent to the first applicant. Of the arguments advanced to justify the change, the only ones that withstand scrutiny are that "all the other countries are doing it" and the hope that some concessions in other aspects of intellectual property or trade might be obtained …
The Protection Of Databases, Daniel J. Gervais
The Protection Of Databases, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
In Parts I and II of this Paper, the author analyzes the legal protection of databases first in international treaties, in particular the Berne Convention and the WTO TRIPS Agreement, and second under national and regional copyright, sui generis, or other (e.g., tort) law in Europe (both the European Directive on the legal protection of databases of 1996, which was under review, and a number of relevant national laws), the United States, and a number of foreign jurisdictions (Australia, Canada, China, Nigeria, Russia, and Singapore). In Part III, the author provides a critical analysis of the effort to expand the …