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Full-Text Articles in Law
Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes, Cynthia M. Ho
Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes, Cynthia M. Ho
Vanderbilt Journal of Entertainment & Technology Law
This Article provides valuable insight to the broader discussion of reforming investor-state disputes. Many have noted that the system is in a crisis due to a lack of democratic accountability and inconsistent decisions, which create a chilling effect on legitimate domestic law and policy. Despite substantial discussion in recent years concerning how to reform investor-state disputes, there is only limited discussion concerning the extent to which such disputes challenge domestic intellectual property (IP) limits, as well as global IP norms. Moreover, even among those who recognize the challenge to IP limits, the relevance of human rights is generally not addressed. …
The Limits Of International Copyright Exceptions For Developing Countries, Ruth L. Okediji
The Limits Of International Copyright Exceptions For Developing Countries, Ruth L. Okediji
Vanderbilt Journal of Entertainment & Technology Law
The relationship between intellectual property (IP) protection and economic development is not better understood today than it was five decades ago at the height of the independence era in the Global South. Development indicators in many developing and least-developed countries reflect poorly in precisely the areas that are most closely associated with copyright law's objectives, such as promoting democratic governance, facilitating a robust marketplace of ideas, fostering domestic markets in cultural goods, and improving access to knowledge. Moreover, evidence suggests that copyright law has not been critical to the business models of the creative sectors in leading emerging markets. These …
"Ask Me No Questions": The Struggle For Disclosure Of Cultural And Genetic Resource Utilization In Design, Margo A. Bagley
"Ask Me No Questions": The Struggle For Disclosure Of Cultural And Genetic Resource Utilization In Design, Margo A. Bagley
Vanderbilt Journal of Entertainment & Technology Law
New issues relating to the intersection of design protection and cultural and genetic resource utilization are arising from the confluence of an increased interest in design protection, the sustained allure of exotic cultural expressions, and novel uses of biological and genetic resources in crafting the appearance of articles protected by industrial design rights. As awareness of the many ways in which cultural and genetic resource use and misappropriation can occur is evolving, some developing countries have begun exploring the appropriateness of--and in some cases even instituting--a requirement that a designer disclose the origin of traditional cultural expressions, traditional knowledge, and …
Music As A Matter Of Law, Joseph P. Fishman
Music As A Matter Of Law, Joseph P. Fishman
Vanderbilt Law School Faculty Publications
What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation in the nineteenth century. Courts adopted the era’s dominant aesthetic view identifying melody as the site of originality and, consequently, the litmus test for similarity. Surprisingly, music’s single-element test has persisted as an anomaly within the modern copyright system, where typically multiple features of eligible subject matter are eligible for protection. Yet things are now changing. Recent judicial decisions are beginning …
Reconceptualizing Isds: When Is Ip An Investment And How Much Can States Regulate It, Rochelle Dreyfuss, Susy Frankel
Reconceptualizing Isds: When Is Ip An Investment And How Much Can States Regulate It, Rochelle Dreyfuss, Susy Frankel
Vanderbilt Journal of Entertainment & Technology Law
Victories by states in two investor-state dispute settlements (ISDS), one involving Uruguay's regulation of tobacco trademarks and the other challenging a doctrine of Canadian patent law, have suggested to some that ISDS is not a threat to state regulation involving intellectual property rights. In this Article, we dispute that notion. We show how these awards open pathways for future disputes and we argue that neither the resolution of these cases nor changes in more recent investment agreements meaningfully alter the threat of ISDS and the chill it imposes on legitimate regulatory activity. We suggest that there would be fewer disputes …
Socially Responsible Corporate Ip, J. Janewa Oseitutu
Socially Responsible Corporate Ip, J. Janewa Oseitutu
Vanderbilt Journal of Entertainment & Technology Law
Many companies practice corporate social responsibility (CSR) as part of their branding and public relations efforts. As part of their CSR strategies, some companies adopt voluntary codes of conduct in an effort to respect human rights. This Article contemplates the application of CSR principles to trade-related intellectual property (IP). In theory, patent and copyright laws promote progress and innovation, which is why IP rights are beneficial for both IP owners and for the public. Trademark rights encourage businesses to maintain certain standards and allow consumers to make more efficient choices. Though IP rights are often discussed in relation to the …