Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Should Foreign Patent Law Matter?, Timothy R. Holbrook
Should Foreign Patent Law Matter?, Timothy R. Holbrook
Campbell Law Review
One of the most controversial issues in American law today is the extent to which it is appropriate for courts to consider foreign law when deciding issues of United States law. The debate has engaged the courts, Congress, and commentators, leading to discussions about completely banning references to non-United States law by courts. The reality is, however, that the United States courts often have to address or apply foreign law.
The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu
The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu
Campbell Law Review
Since its reopening to foreign trade in the late 1990s, China has been the poster child of intellectual property piracy and counterfeiting. Virtually every year, the Office of the United States Trade Representative (USTR) lists China on its watch list or priority watch list. The country’s piracy and counterfeiting problems have also been frequently mentioned in connection with international intellectual property enforcement initiatives, such as the highly controversial Anti-Counterfeiting Trade Agreement (ACTA) and the equally problematic domestic legislative proposals for heightened copyright enforcement. In a recent report, the International Trade Commission estimated that “firms in the U.S. [intellectual property]–intensive economy …
Change To The Best Mode Requirement In The Leahy-Smith America Invents Act: Why Congress Got It Right, Andrew R. Shores
Change To The Best Mode Requirement In The Leahy-Smith America Invents Act: Why Congress Got It Right, Andrew R. Shores
Campbell Law Review
The Leahy-Smith America Invents Act (AIA), signed into law on September 16, 2011, represents the most significant overhaul of the United States Patent system since the Patent Act of 1952. In addition to making the United States a “first-to-file” system, which is more in line with the patent law of other countries, the act institutes numerous other changes aimed at ensuring that the United States “maintains its competitive edge in the global economy.” One of these changes eliminates failure to disclose the best mode as a defense in patent infringement litigation. Proponents applaud the change for the positive effect it …
Out Of Sight, Out Of Mind? Why The Lanham Act Needs To Be Brought Into The Digital Millennium, M. Lee Taft
Out Of Sight, Out Of Mind? Why The Lanham Act Needs To Be Brought Into The Digital Millennium, M. Lee Taft
Campbell Law Review
This Comment provides a brief overview of trademark law as specifically applied in the context of the Internet, and also looks at the substantial differences in how that law is applied in various jurisdictions. Part I of the Comment briefly discusses the protections offered by the Lanham Act. Part II discusses the Lanham Act as applied to the Internet, specifically in the context of website meta tags. Part III discusses how recent decisions have ruled on the buying and selling of keywords. Part IV discusses recent rulings on using trademarked terms as meta tags. Finally, Part V discusses potential changes …