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Articles 1 - 13 of 13

Full-Text Articles in Law

Building A Better Mousetrap: Patenting Biotechnology In The European Community, Cynthia M. Ho Oct 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 …