Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
Marquette Intellectual Property Law Review
Intellectual property policy requires balance between the goal of motivating innovation and the need to prevent that motivation from stifling further innovation. The constitutional grant of congressional power to motivate innovation by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries is qualified by the requirement that congressional enactments under the Intellectual Property Clause promote progress. The Supreme Court has already recognized a time-shifting exception to the intellectual property rights of innovators and lower courts have recognized a place-shifting exception. It is now the time and place for a general technology-shifting exception …
Intellectual Property Rights And Global Warming, Estaelle Derclaye
Intellectual Property Rights And Global Warming, Estaelle Derclaye
Marquette Intellectual Property Law Review
Global warming is an issue that is everywhere in today's society. This article examines whether intellectual property rights could be the solution to the global warming problem. The article limits its discussion to patent and copyright law and explores solutions to global warming that are applicable in Europe. The author suggests that these recommendations could influence other countries to make their intellectual property rights greener, as intellectual property rights are based on international instruments and universal agreements that could apply in any country. The article examines how current copyright and patent laws already tackle global warming and explains how these …
Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler
Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler
Marquette Intellectual Property Law Review
This Article criticizes the institutional setup in which the antitrust policies regarding IP exploitation are designed and enforced. The author compares how IP licensing is scrutinized by antitrust regimes in the European Union and the United States. The result of that comparison leads to the conclusion that any attempted resolution of the IP-Antitrust dilemma will remain inadequate as long as it is antitrust-based, that is, regulated by antitrust laws or guidelines designed by antitrust-agencies. The author argues that antitrust concerns can and should be accounted for through proper construction and application of the IP laws themselves. The article suggests a …
The Role Of Intellectual Property Rights In Negotiating And Planning A Research Joint Venture, Kurt M. Saunders
The Role Of Intellectual Property Rights In Negotiating And Planning A Research Joint Venture, Kurt M. Saunders
Marquette Intellectual Property Law Review
This Article considers the role of intellectual property rights in research joint ventures. Professor Saunders begins by outlining the various advantages of pursuing research in a joint venture business form, including the sharing of expertise and investment costs. The author identifies and elucidates the intellectual property issues, as well as related licensing and antitrust implications, that arise in the joint venture context. Most notably, Saunders articulates the different intellectual property concerns that surface at each separate stage-from negotiation and planning, to termination of the collaboration.