Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Law

Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung Jan 1992

Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung

Faculty Scholarship

No abstract provided.


Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose Jan 1992

Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose

Law Faculty Scholarship

For the most part, parties with a legal dispute have either settled their differences or, when that wasn't possible, litigated them. However, alternative dispute resolution (ADR) is increasingly urged as a supplement or substitute in a wide range of areas. ADR usually involves at least one third party who is employed by neither the judicial system nor one of the parties to the dispute. The third party may be a mediator, who helps the parties reach settlement, or an arbitrator, who renders a decision. While arbitration has been widely used for many years, until very recently, mediation (or conciliation ...


Comment: Perceptions Of Chief Patent Counsel At Large Corporations Of The Effects Of Patent Term, Products Liability And Government Regulations On Firm R&D, Thomas G. Field Jr. Jan 1992

Comment: Perceptions Of Chief Patent Counsel At Large Corporations Of The Effects Of Patent Term, Products Liability And Government Regulations On Firm R&D, Thomas G. Field Jr.

Law Faculty Scholarship

Last summer, over 300 members of the Association of (chief) Corporate Patent Counsel were surveyed concerning their attitude toward and experience with arbitration and mediation (ADR). Seventy-five responded. Subsequently, tabulations of the survey data were sent to the same people with four additional questions, two of which had nothing to do with ADR. Forty-one responded. This comment reports responses to the two questions unrelated to ADR.


Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka Jan 1992

Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka

Articles

This Article examines the decisional history that shaped the misuse doctrine and the interplay between the misuse defense and antitrust liability in patent and copyright infringement litigation. In particular, by examining the public interest and policy considerations underlying patent and antitrust laws, this Article compares and evaluates the new view that misuse must be analyzed by the conventional antitrust theories expressed by Judge Posner in USM Corp. v. SPS Technologies Inc. and the traditional view that was derived from the equity doctrine expressed in Morton Salt v. G.S. Suppiger.

Furthermore, this Article reviews the legislative history and the impact ...


Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia Jan 1992

Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia

LLM Theses and Essays

This thesis describes the "intellectual property problem" and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries' perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced.


The Policy, Law, And Facts Of Computer Screen Displays: An Essay, I. Trotter Hardy Jan 1992

The Policy, Law, And Facts Of Computer Screen Displays: An Essay, I. Trotter Hardy

Faculty Publications

No abstract provided.


"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin Jan 1992

"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.


The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik Jan 1992

The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.


Patent Harmonization, Protectionism And Legislation, R. Carl Moy Jan 1992

Patent Harmonization, Protectionism And Legislation, R. Carl Moy

Faculty Scholarship

This essay raises questions about the Patent Harmonization Treaty. addressing the overall direction of harmonization in this country and the processes that are being applied to the harmonization effort. Section I of the essay compares the underlying goals of patent harmonization with those of the current United States patent system. The article contends that the legal rules relating to patents in this country evidence a specific intent to promote domestic industry. The aims of harmonization, in contrast, are fundamentally different. To be valid, then, patent harmonization may require a basic shift in the social consensus in this country concerning the ...


The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy Jan 1992

The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy

Faculty Scholarship

This article discusses Rule 56 of the Patent and Trademark Office. Part II discusses changes from the old to the new Rule 56, and examines the former’s relationship to the law of inequitable conduct. Part III elaborates on the current status of the PTO’s rulemaking efforts, and Part IV is focused on the new Rule under the APA. Parts V and VI are about new Rule 56 as a hortatory statement and common-law jurisprudential limitations, respectively. The author ultimately concludes that the PTO could have chosen to approach the Federal Circuit as an amicus without a prior rulemaking ...


Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy Jan 1992

Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy

Faculty Scholarship

This article attempts to provide a basis upon which to preserve the Federal Circuit's current lawmaking primacy. Given the large body of preexisting literature on Chevron, USA, Inc v. Natural Resources Defense Council, it does not address whether Chevron allocates power between agencies and the courts optimally. Rather, the article examines how the PTO's statutory interpretations should be reviewed under Chevron. In Section I, the article places the examination in context by describing the Chevron decision and its general implications. Section II of the article examines how Chevron should be applied specifically in the context of reviewing statutory ...


Computer Programs In Europe: A Comparative Analysis Of The 1991 Ec Software Directive, Jerome Huet, Jane C. Ginsburg Jan 1992

Computer Programs In Europe: A Comparative Analysis Of The 1991 Ec Software Directive, Jerome Huet, Jane C. Ginsburg

Faculty Scholarship

Long awaited – if not feared – in the computer industry, where its elaboration had evoked heated debate, the European Council Directive of May 14, 1991 on the Legal Protection of Computer Programs (the "Directive" or "Software Directive")has imposed common principles of copyright protection on the twelve Member States of the European Community (the "EC", the "Community"). As it declares in its preamble, the Directive responds to the need to ensure the proper functioning of a single marketand, to that end, to eliminate man), of the current differences among the Member States' legal systems.

In the domain of European copyright law ...


Hungarian Legal Reform For The Private Sector, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller Jan 1992

Hungarian Legal Reform For The Private Sector, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller

Faculty Scholarship

Hungary is in the midst of a fundamental transformation toward a market economy. Although Hungary has long been in the forefront of efforts to reform socialism itself, after 1989 the goals of reform moved from market socialism toward capitalism, as the old Communist regime lost power and the idea of widespread private ownership gained acceptance. The legal framework – the "rules of the game – is now being geared toward encouraging, protecting, and rewarding entrepreneurs in the private sector.

This Article describes the evolving legal framework in Hungary in several areas: constitutional, real property, intellectual property, company, foreign investment, contract, bankruptcy, and ...


Book Review, Mary Lafrance Jan 1992

Book Review, Mary Lafrance

Scholarly Works

Learning the business side of the film industry can be a daunting task. On-the-job training is treacherous, basic texts quickly become outdated, and treatises can overwhelm with detail. Moreover, it is one thing to know the general outlines of the business and legal aspects of film production, and quite another to feel prepared to negotiate a contract. This is particularly true in the area of film financing, where new techniques emerge with every deal. Producing, Financing and Distributing Film fills a unique niche by providing a concise one-volume introduction to the business side of film that is detailed and transaction-oriented ...


The Shrinking Back: The Law Of Biography, Mary Sarah Bilder Jan 1992

The Shrinking Back: The Law Of Biography, Mary Sarah Bilder

Boston College Law School Faculty Papers

The Article argues that quotations of copyrighted material used as "fact" should be protected. The Article explores the relation between the legal law of biography and the literary theory of biography, focusing specifically on the use of unpublished materials in written biographies. The Article surveys the assumptions underlying copyright, fair use, and privacy doctrines. The Article critiques fair use solutions suggested by legal commentary and congressional action and sketches a different analysis, not involving fair use. The "fact use" proposal would shift the burden from proving "fair use" to proving that the quotations were not used as "facts."


Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis Jan 1992

Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis

Articles by Maurer Faculty

In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and ...


No "Sweat"? Copyright And Other Protection Of Works Of Information After Feist V. Rural Telephone, Jane C. Ginsburg Jan 1992

No "Sweat"? Copyright And Other Protection Of Works Of Information After Feist V. Rural Telephone, Jane C. Ginsburg

Faculty Scholarship

The Supreme Court's unanimous decision last Term in Feist Publications, Inc. v. Rural Telephone Service Co. proscribed copyright protection for works of information that fail to manifest a modicum of creative originality in selection or arrangement. Discarding a long – if lately uneasy – tradition of U.S. copyright coverage of informational works that display far greater industriousness than imagination, the Court ruled that copyright does not secure the "sweat of the brow" or the investment of resources in the compilation of a work of information. The Court thus stripped away or sharply reduced the copyright protection afforded a variety of ...