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Full-Text Articles in Law
Building A Better Mousetrap: Patenting Biotechnology In The European Community, Cynthia M. Ho
Building A Better Mousetrap: Patenting Biotechnology In The European Community, Cynthia M. Ho
Duke Journal of Comparative & International Law
No abstract provided.
Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown
Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown
Law and Contemporary Problems
The remedial schemes involved in intellectual property cases are examined, including preliminary injunction relief, permanent injunctions and monetary remedies.
Design Protection And The Legislative Agenda, J. H. Reichman
Design Protection And The Legislative Agenda, J. H. Reichman
Law and Contemporary Problems
An argument is made that an appropriate design protection law is in the best interests of the US. Without such a design law, industries will continue to seek anti-competitive protection from the government.
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Law and Contemporary Problems
The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.
Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington
Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington
Law and Contemporary Problems
The legacy of Robert W. Kastenmeier, former Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Administration of Justice, is discussed. Kastenmeier deserves praise for his leadership on patent and copyright laws.
Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert
Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert
Law and Contemporary Problems
Although most court cases involving copyright protection of the user interface appear to have been decided correctly on their facts, the language of the decisions has left uncertainty as to the scope of protection.
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Law and Contemporary Problems
The professional relationship between Congressman Robert Kastenmeier and law professor John Stedman is discussed. John Stedman was a positive influence on Kastenmeier's thinking on patent and copyright issues.
At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange
At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange
Law and Contemporary Problems
The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.
Copyright And Information Policy, Jessica Litman
Copyright And Information Policy, Jessica Litman
Law and Contemporary Problems
The basic principle that copyright protects neither ideas nor information has eroded recently. Recent court decisions and government policies that expand copyright laws are discussed.
Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman
Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman
Law and Contemporary Problems
The legislative legacy of Robert W. Kastenmeier, Chairman of the Senate Subcommittee on Patents, Copyrights and Trademarks, is discussed. Kastenmeier's contributions to intellectual property law are discussed.
The Effect Of Lilly V. Medtronics On The Scope Of 35 Usc 271(E)(1): The Patent Infringement Exemption - Broad Or Narrow, Ajay S. Pathak
The Effect Of Lilly V. Medtronics On The Scope Of 35 Usc 271(E)(1): The Patent Infringement Exemption - Broad Or Narrow, Ajay S. Pathak
Journal of Law and Health
This article undertakes to examine, critically, the case history, legislative history, and the construction of sections 101, 201, and 202 of the Patent Term Restoration Act of 1984 in an effort to analyze the Supreme Court's recent decision in Lilly v. Medtronics and to discern how the scope of section 271(e)(1) is likely to be treated in future cases in light of that recent Supreme Court decision.
The Patentability And Patent Term Extension Of Lifesaving Drugs: A Deadly Mistake, Jonathan L. Mezrich
The Patentability And Patent Term Extension Of Lifesaving Drugs: A Deadly Mistake, Jonathan L. Mezrich
Journal of Law and Health
The pharmaceutical business is dominated largely by two types of entities: large, research-intensive corporations, and the smaller "generic" drug "knock-off" artists. because the former organizations have to put so much of their budget into research and development (R&D), a form of investment which is often akin to pouring money into a hole, the 17-year exclusive monopoly of a patient is often the only way such a company can remain profitable. However, because of a concern for public safety, all substances prepared for human consumption must be put through extensive testing by the FDA. This testing could take a long period …
The Viability Of The Copyright Misuse Defense, David Scher
The Viability Of The Copyright Misuse Defense, David Scher
Fordham Urban Law Journal
Under the equitable doctrine of "unclean hands," courts will deny an otherwise meritorious claim where the claimant has acted so improperly that the need to punish the claimant’s wrongful behavior outweighs the need to punish the defendant’s allegedly unlawful conduct. The principle underlying the doctrine is that equity presumes harm when an unclean plaintiff obtains relief; consequently, one who desires justice must come into court with a “clean slate.” The theory of intellectual property misuse, which stems from the “unclean hands” doctrine, prevents a plaintiff from enforcing an intellectual property right if that plaintiff is guilty of misconduct with respect …