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Articles 1 - 21 of 21
Full-Text Articles in Law
Assessing The Barriers To Universal Antiretroviral Treatment Access For Hiv/Aids In South Africa, Mary Beth Walker
Assessing The Barriers To Universal Antiretroviral Treatment Access For Hiv/Aids In South Africa, Mary Beth Walker
Duke Journal of Comparative & International Law
No abstract provided.
Nickled And Dimed: The Dispute Over Intellectual Property Rights In The Bluenose Ii, Teresa Scassa
Nickled And Dimed: The Dispute Over Intellectual Property Rights In The Bluenose Ii, Teresa Scassa
Dalhousie Law Journal
The Bluenose Schooner forms part of the folk history of Nova Scotia, and is a Canadian icon. Popular assumptions that Its name and image formed part of the public domain were put to the test in 2003 when the Bluenose II Preservation Trust Society brought suit against a Halifax business for Infringement of its official marks, trademarks and copyrights relating to the ship and its name. The litigation garnered local and national media attention, and the provincial government soon became involved in the dispute In this article, the author provides some background to the dispute before moving on to consider …
Cabining Intellectual Property Through A Property Paradigm, Michael A. Carrier
Cabining Intellectual Property Through A Property Paradigm, Michael A. Carrier
Duke Law Journal
One of the most revolutionary legal changes in the past generation has been the “propertization” of intellectual property (IP). The duration and scope of rights expand without limit, and courts and companies treat IP as absolute property, bereft of any restraints. But astonishingly, scholars have not yet recognized that propertization also can lead to the narrowing of IP. In contrast to much of the literature, which criticizes the propertization of IP, this Article takes it as a given. For the transformation is irreversible, sinking its tentacles further into public and corporate consciousness (as well as the IP laws) with each …
The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan
The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan
University of Richmond Law Review
No abstract provided.
The Law Of Trade Secrets: Toward A More Efficient Approach, Jon Chally
The Law Of Trade Secrets: Toward A More Efficient Approach, Jon Chally
Vanderbilt Law Review
Trade secret law must efficiently protect that which can be considered a trade secret. Were the law to provide too little protection, information protected as a trade secret would not be created. Were the law to provide too much protection, competition would be unnecessarily stifled. Only efficient protection, meaning neither too little nor too much, appropriately addresses the unique nature of trade secrets as intellectual property. Such a conclusion becomes increasingly necessary given the rising import of trade secret law in the spectrum of intellectual property.
"It is the policy of the law, for the advantage of the public, to …
A Chose By Any Other Name: Domain Names As A Security Interest, Andrew B. Cochran
A Chose By Any Other Name: Domain Names As A Security Interest, Andrew B. Cochran
Canadian Journal of Law and Technology
There has been increasing study of the issues involved in using intellectual property as a security interest, but little corresponding consideration of domain names. The ascendancy in value of domain names to modern business increases their usefulness as a security interest to lenders and borrowers alike. Their use in this respect appears not to be weighed down by two of the most difficult issues facing intellectual property, namely conflicting jurisdiction between federal statutory interests and provincial property interests, together with establishing more readily acceptable methods of valuation. However, there is ambiguity about the actual form of ownership interest involved with …
Bucking The Trend: The Unsupportability Of Index Providers' Imposition Of Licensing Fees For Unlisted Trading Of Exchange Traded Funds, Peter N. Hall
Bucking The Trend: The Unsupportability Of Index Providers' Imposition Of Licensing Fees For Unlisted Trading Of Exchange Traded Funds, Peter N. Hall
Vanderbilt Law Review
Exchange traded funds (ETFs) are popular investment products that have recently generated substantial investment press, several new regulations, huge earnings for the securities markets, and potential legal conflicts that will likely lead to major litigation. ETFs are derivative securities that represent ownership in funds, unit investment trusts, or depositary receipts with portfolios of securities designed to track the performance and dividends of specific securities indices.' ETFs track indices by holding a representative sampling of securities in the index, thus approximating investment results of the index as a whole. They may or may not hold all the stocks in a particular …
A Malpractice Suit Waiting To Happen: The Conflict Between Perfecting Security Interests In Patents And Copyrights (A Note Of Peregrine, Cybernetic And Their Progeny), R. Scott Griffin
Georgia State University Law Review
No abstract provided.
Contrived Conflicts: The Supreme Court Versus The Basics Of Intellectual Property Law, F. Scott Kieff
Contrived Conflicts: The Supreme Court Versus The Basics Of Intellectual Property Law, F. Scott Kieff
William Mitchell Law Review
No abstract provided.
Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark
Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson
How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen
Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
New Strategies For Owners Of Discontinued Brands, David S. Ruder
New Strategies For Owners Of Discontinued Brands, David S. Ruder
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Communication Breakdown: The Recording Industry's Pursuit Of The Individual Music User, A Comparison Of U.S. And E.U. Copyright Protections For Internet Music File Sharing, Ryan Bates
Northwestern Journal of International Law & Business
While music file sharing over the internet has become a common practice in recent years, record companies blame the illegal swapping for a 31% drop in compact disk sales since mid-2000. In an ever-evolving attempt to gain a stronghold on the distribution of digital music via the internet, the recording industry recently began filing lawsuits against the individual internet "file sharer" in both the United States the European Union.
This comment examines the development of copyright protections in the United States and the European Union, including recent legislation under each system, and argues that a balance of rights and technical …
Book Review [Steal This Idea: Intellectual Property Rights And The Corporate Confiscation Of Creativity], Santa Clara Law Review
Book Review [Steal This Idea: Intellectual Property Rights And The Corporate Confiscation Of Creativity], Santa Clara Law Review
Santa Clara Law Review
No abstract provided.
Trips' Rebound: An Historical Analysis Of How The Trips Agreement Can Ricochet Back Against The United States, Donald P. Harris
Trips' Rebound: An Historical Analysis Of How The Trips Agreement Can Ricochet Back Against The United States, Donald P. Harris
Northwestern Journal of International Law & Business
Recently, scholars and commentators around the world have reexamined the role intellectual property rights (IPRs) play in hindering or helping developing countries. These scholars have questioned the doctrine the IPRs help developing countries by promoting economic development, increasing foreign direct investment, stimulating domestic innovation, and improving access to new technologies, and have concluded that imposing "Western-styled" intellectual property regimes (e.g., the U.S. patent regime) on developing countries harms those countries. In particular, such regimes fail to bring any of the purported benefits, while they impose many costs, including preventing people from obtaining life-saving drugs. This Article argues that it is …
The Spirit Of Trips And The Importation Of Medicines Made Under Compulsory License After The August 2003 Trips Council Agreement, Jessica J. Fayerman
The Spirit Of Trips And The Importation Of Medicines Made Under Compulsory License After The August 2003 Trips Council Agreement, Jessica J. Fayerman
Northwestern Journal of International Law & Business
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has changed prospects for access to necessary medications in the developing world. The use of compulsory licensing for pharmaceutical products embodied in Article 31 of TRIPS has been a contentious issue. Prior to 2003, countries with no manufacturing capacity of their own were not allowed to import medicines made under compulsory license, rendering the protections of Article 31 of little use to them. The 2003 Motta Agreement changed this. This expansion of the compulsory licensing power is both an impractical solution and it dilutes the premises upon which TRIPS was originally …
Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa
Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa
Case Western Reserve Journal of International Law
No abstract provided.
Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Case Western Reserve Journal of International Law
No abstract provided.
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Case Western Reserve Journal of International Law
No abstract provided.
Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos
Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos
Case Western Reserve Journal of International Law
No abstract provided.