Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (4)
- Entertainment, Arts, and Sports Law (3)
- Internet Law (3)
- Administrative Law (2)
- Human Rights Law (2)
-
- International Trade Law (2)
- Jurisprudence (2)
- Agriculture Law (1)
- Antitrust and Trade Regulation (1)
- Business (1)
- Computer Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Entrepreneurial and Small Business Operations (1)
- Food and Drug Law (1)
- International Law (1)
- Legislation (1)
- Library and Information Science (1)
- Property Law and Real Estate (1)
- Scholarly Communication (1)
- Scholarly Publishing (1)
- Science and Technology Law (1)
- Social and Behavioral Sciences (1)
- Technology and Innovation (1)
- Institution
- Publication
- File Type
Articles 1 - 17 of 17
Full-Text Articles in Law
Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe
Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe
Elizabeth A Rowe
Genetically engineered plants and animals have become and will continue to constitute a large part of the food we consume. The United States is the world's largest producer of genetically modified foods, making American consumers the most exposed population to these products. Agricultural biotechnology patents spur and support innovation. Accordingly, patent law is one of the main contributors to this phenomenon that has changed not only the kinds of food we eat, but the nature of the agri-business industry that produces these foods. This Article takes on an area of concern involving the patenting of food that has remained unexplored: …
Striking A Balance: When Should Trade-Secret Law Shield Disclosures To The Government?, Elizabeth Rowe
Striking A Balance: When Should Trade-Secret Law Shield Disclosures To The Government?, Elizabeth Rowe
Elizabeth A Rowe
In 2010, Toyota issued recalls on over eight million vehicles because of faulty acceleration. Assume that the National Highway Traffic Safety Administration (NHTSA) requests that Toyota allow the government access to the data in black boxes on the recalled cars. The black boxes are operated by proprietary software and can only be accessed with special codes by Toyota. Assume further that Toyota refuses to provide the Black Box data to the government, claiming that it would reveal its trade secrets. How should courts approach what I coin these refusal-to-submit cases? There is a void in the literature and the case …
The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp
The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp
Herbert Hovenkamp
For a century and a half the Supreme Court has described perceived patent abuses as conduct that reaches "beyond the scope of the patent." That phrase, which evokes an image of boundary lines in real property, has been applied to both government and private activity and has many different meanings. It has been used offensively to conclude that certain patent uses are unlawful because they extend beyond the scope of the patent. It is also used defensively, however, to characterize activities as lawful if they do not extend beyond the patent's scope. In the first half of the twentieth century …
Investor-State Dispute Settlement In The Context Of ‘21st Century Trade Agreement’ Intellectual Property Chapters, Kimberlee G. Weatherall
Investor-State Dispute Settlement In The Context Of ‘21st Century Trade Agreement’ Intellectual Property Chapters, Kimberlee G. Weatherall
Kimberlee G Weatherall
This background paper explains for an international trade and trade law audience why intellectual property lawyers are worried about the impact of investor-state dispute settlement on intellectual property law in particular.
Intellectual Property And Copyrights, Sherif K. Shaheen Prof.
Intellectual Property And Copyrights, Sherif K. Shaheen Prof.
sherif k. shaheen Prof.
No abstract provided.
Reforming Copyright Interpretation, Zahr K. Said
Reforming Copyright Interpretation, Zahr K. Said
Zahr K Said
This Article argues that copyright law needs to acknowledge and reform its interpretive choice regime. Even though judges face potentially outcome-determinative choices among competing sources of interpretive authority when they adjudicate copyrightable works, their selection of interpretive methods has been almost entirely overlooked by scholars and judges alike. This selection among competing interpretive methods demands that judges choose where to locate their own authority: in the work itself; in the context around the work, including its reception, or in the author’s intentions; in expert opinions; or in judicial intuition. Copyright’s interpretive choice regime controls questions of major importance for the …
Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman
Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman
Charles E. Colman
This Essay examines what I call "post-parodies" in apparel. This emerging genre of do-it-yourself fashion is characterized by the appropriation and modification of third-party trademarks — not for the sake of dismissively mocking or zealously glorifying luxury fashion, but rather to engage in more complex forms of expression. I examine the cultural circumstances and psychological factors giving rise to post-parodic fashion, and conclude that the sensibility causing its proliferation is one grounded in ambivalence. Unfortunately, current doctrine governing trademark parodies cannot begin to make sense of post-parodic goods; among other shortcomings, that doctrine suffers from crude analytical tools and a …
Submission On The Ip Chapter Of The Korea-Australia Free Trade Agreement, Kimberlee G. Weatherall
Submission On The Ip Chapter Of The Korea-Australia Free Trade Agreement, Kimberlee G. Weatherall
Kimberlee G Weatherall
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Jennifer Riso
The demand for counterfeit sporting goods, such as jerseys and other apparel, is on the rise as the prices of authentic goods continue to increase. The Trademark Counterfeiting Act of 1984 criminalizes the import and sale of counterfeit goods, but is ineffective at addressing the demand side of counterfeit goods. This paper analyzes the history behind the Act and recommends ways to ensure that the act will stay relevant as technology makes it easier to purchase counterfeit goods.
Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank Pasquale
Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank Pasquale
Frank A. Pasquale
Julie Cohen's Configuring the Networked Self is an extraordinarily insightful book. Cohen not only applies extant theory to law; she also distills it into her own distinctive social theory of the information age. Thus, even relatively short sections of chapters of her book often merit article-length close readings. I here offer a brief for the practical importance of Cohen’s theory, and ways it should influence intellectual property policy and scholarship.
Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third Sector Organisations, Elizabeth Spencer, Francina Cantatore
Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third Sector Organisations, Elizabeth Spencer, Francina Cantatore
Francina Cantatore
No abstract provided.
Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú
Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú
Vicenç Feliú
The orphan works issue has continued to grow in the U.S. despite strong efforts to find a workable solution. Stake holders on both sides of the issue have proposed and opposed solutions and compromises that could have alleviated the problem, and we are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To make that answer workable, a new legislative effort would have to take into account the questions raised by stakeholders to the previous legislative …
Social Innovation, Peter Lee
Social Innovation, Peter Lee
Peter Lee
This Article provides the first legal examination of the immensely valuable but underappreciated phenomenon of social innovation. Innovations such as cognitive behavioral therapy, microfinance, and strategies to reduce hospital-based infections greatly enhance social welfare yet operate completely outside of the patent system, the primary legal mechanism for promoting innovation. This Article draws on empirical evidence to elucidate this significant kind of innovation and explore its divergence from the classic model of technological innovation championed by the patent system. In so doing, it illustrates how patent law exhibits a rather crabbed, particularistic conception of innovation. Among other characteristics, innovation in the …
Aereo's Errors, Ira Steven Nathenson
Aereo's Errors, Ira Steven Nathenson
Ira Steven Nathenson
This article scrutinizes the many troubling errors made by the United States Supreme Court in its decision in American Broadcasting Companies, Inc. v. Aereo, Inc. Aereo’s streaming television service allowed subscribers to watch broadcast television on a computer, tablet, or smartphone without requiring them to be directly connected to cable, satellite, or a local antenna. Aereo’s system was designed to comply with existing copyright law by using thousands of antennas, each of which was designated for only one subscriber at a time. Aereo was sued for copyright infringement by a number of leading television broadcasters. The United States Supreme Court, …
Adjudicating Trips For Development, Molly Land
Human Rights Frames In Ip Contests, Molly Land
Patent Demands & Startup Companies: The View From The Venture Capital Community, Robin C. Feldman
Patent Demands & Startup Companies: The View From The Venture Capital Community, Robin C. Feldman
Robin C Feldman