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Articles 1 - 21 of 21

Full-Text Articles in Law

Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong Oct 1993

Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong

Faculty Publications

For centuries people have expressed themselves through creative works of art and literature, and since 1557 artists and authors have been able to protect their rights to their creative works through various national copyright laws. National copyright laws basically grant a monopoly in the use of the work to its creator. Copyrighted goods, however, are often easily transported across national boundaries, and thus national copyright laws may provide inadequate copyright protection in the international marketplace. The necessity for international copyright protection has been met to some extent by copyright conventions. International copyright conventions, like national copyright laws, define the scope ...


Copyright And "The Exclusive Right" Of Authors, L. Ray Patterson Oct 1993

Copyright And "The Exclusive Right" Of Authors, L. Ray Patterson

Scholarly Works

The purpose of this essay is to define and explore the meaning of "the exclusive Right" in the Intellectual Property Clause of the United States Constitution as related to the promotion of learning, the public domain, and authors. Without a clear understanding of this key term, one is likely to be unaware that lower federal courts are continually making rulings contrary to both the Copyright Clause and the Copyright Act. The classic example is the judicially created sweat-of-the-brow copyright, which in 1991 -- after seventy-five years of precedent -- the Supreme Court decreed to be unconstitutional. Other bad precedents, such as perpetual ...


Resolving Priority Disputes In Intellectual Property Collateral, Paul J. Heald Oct 1993

Resolving Priority Disputes In Intellectual Property Collateral, Paul J. Heald

Scholarly Works

Although a goodly amount of recent commentary provides guidance to practitioners on the pitfalls of perfecting a security interest in intellectual property collateral, and another body of work has undertaken the laudable task of proposing reform in the area, no comprehensive attempt has yet been made to help judges resolve the complex priority disputes that arise under existing law. In light of the increased use of intellectual property as collateral and the concomitant rise in litigation, guidance on the resolution of priority disputes in intellectual property collateral is sorely needed. For example, recent cases find Article 9 of the Uniform ...


Section 1: Moot Court: Campbell V. Acuff-Rose Music, Inc., Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1993

Section 1: Moot Court: Campbell V. Acuff-Rose Music, Inc., Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu Jun 1993

Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu

Boston College Law School Faculty Papers

No abstract provided.


Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr. Feb 1993

Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr.

Law Faculty Scholarly Articles

Overlap and conflict are inevitable in any legal system in which a federal government and state governments both have authority to enact laws. In our federal system, the Constitution's Supremacy Clause identifies federal law as preeminent in case of conflict. When conflict develops and litigation is required to determine whether state or federal law controls the issue at hand, our system analyzes the problem using the term preemption as a basis for analysis.

This Article explores the federal legislative process that precedes judicial preemption decisions. By studying the legislative process for its sensitivity to preemption issues, possible ways to ...


What's New In Intellectual Property - Business Is Booming In Copyright, Trademark And Patent Law, Richard C. Reuben Jan 1993

What's New In Intellectual Property - Business Is Booming In Copyright, Trademark And Patent Law, Richard C. Reuben

Faculty Publications

Forget the trendy law practice areas of the 1980s, such as mergers and acquisitions, real estate and antitrust. Intellectual property is where the action will be in the 1990s.


Shifting The Balance Of Copyright Control For Photographic Works In Canada, Margaret Ann Wilkinson, Charles Painter Jan 1993

Shifting The Balance Of Copyright Control For Photographic Works In Canada, Margaret Ann Wilkinson, Charles Painter

Law Publications

This case comments upon the recent Ontario Divisional Court decision in Allen v Toronto Star Newspapers Ltd (1997), 36 OR (3d) 201 (Ont Div Ct), focusing upon the issue of ownership of copyright in photogenic works in Canada, and the negative effects that this decision will ahve, if followed in other cases and jurisdictions, upon creators' ability to control their works and to derive full economic benefit therefrom as envisioned under Canada's Copyright Act, RSC 1985 c C-42.


Access To And Authority To Cite Unpublished Decisions Of The Pto, Thomas G. Field Jr Jan 1993

Access To And Authority To Cite Unpublished Decisions Of The Pto, Thomas G. Field Jr

Law Faculty Scholarship

This paper begins with the Solicitor [of the U.S. Patent and Trademark Office]'s explanation of the term "unpublished." It then reviews various kinds of published PTO decisions where the precedential effect of unpublished decisions has been addressed. There, we see that the PTO has generally not ignored unpublished precedent--at least, deliberately--and that the Solicitor agrees that this may not be done. Next, this paper examines the almost universal practice of federal appeals courts disallowing use of their unpublished decisions as precedent--and some of the reasons for widespread criticism of that practice. It also discusses some of the reasons ...


Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty Jan 1993

Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Illegitimacy Of Trademark Incontestability, Kenneth L. Port Jan 1993

The Illegitimacy Of Trademark Incontestability, Kenneth L. Port

Faculty Scholarship

The concept of incontestability in American trademark law has caused great confusion ever since its adoption as part of United States trademark law in 1946. This Article is first a study of the rational basis for incontestability in American trademark law. The role of incontestability in the larger regime of American trademark law is established in order to understand incontestability as it fits within the history of the common law of trademarks. This is fundamental in order to understand the significance of the thesis that incontestability is illegitimate. Next, acquisition of incontestability is presented in order to show how simple ...


Postmodern 'Progress': Reconsidering The Copyright And Patent Power, Margaret Chon Jan 1993

Postmodern 'Progress': Reconsidering The Copyright And Patent Power, Margaret Chon

Faculty Scholarship

This article undertakes a postmodern analysis of the term ‘Progress’ in the Constitution’s Copyright Clause, finding stewarding the production of knowledge is integral to the clause. First, by deconstructing the linear, forward assumption entailing Progress. As technology concentrates, Progress entails distributional fairness and decentralized control over knowledge. Relying on the writings of the Founders and recent copyright decisions, this article does not limit postmodernism to a theory recognizing that words have multiple meanings, instead it argues that the Copyright Clause transforms the idea of knowledge to a common resource like water and air, and places knowledge into a public ...


"Arising Under" Jurisdiction And The Copyright Laws, Amy B. Cohen Jan 1993

"Arising Under" Jurisdiction And The Copyright Laws, Amy B. Cohen

Faculty Scholarship

Does a claim arise under the copyright laws when a critical allegation is that a party's use of a copyrighted work is unpermitted and infringing because such use was limited by the terms of a contract? The federal courts of appeals have confronted this question in a number of recent cases. Many have concluded that federal jurisdiction exists, reversing district court judgments of dismissal for lack of subject matter jurisdiction.

Despite these repeated attempts to resolve the matter, however, this question continues to confound the courts, which lack a clear approach to defining when a claim arises under the ...


Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross Jan 1993

Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy Jan 1993

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy

Faculty Scholarship

How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of ...


A Commentary On The Harmonization Of European Private Law, George A. Bermann Jan 1993

A Commentary On The Harmonization Of European Private Law, George A. Bermann

Faculty Scholarship

The idea behind bringing together these papers on harmonization in three such distinct fields as contract, copyright and telecommunications, and securities law must be that they may have something to tell us generally about the processes of harmonization in European private law. Each paper tells a story fascinating in its own right, but whether they in fact add up to something more, with implications for private law harmonization as a whole, is the question I naturally want to take up in this commentary.


Copyright Without Walls?: Speculations On Literary Property In The Library Of The Future, Jane C. Ginsburg Jan 1993

Copyright Without Walls?: Speculations On Literary Property In The Library Of The Future, Jane C. Ginsburg

Faculty Scholarship

This essay considers the application and adaptation of copyright law to the library of the future. In this "library without walls," works will be accessible by computer to users near and far. While a printed book usually is read by only one person at a time, that same book in digital format may be simultaneously consulted by as many users as have PCs linked by modem to the library. Where collecting quotations from printed sources today requires transcription or photocopying, in the library of the future it may be possible to download and print out excerpts, or even the entire ...


Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg Jan 1993

Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg

Articles

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Whereas policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public, the new propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make ...


Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg Jan 1993

Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg

Articles

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Whereas policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public, the new propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make ...


Refusing To Rock The Boat: The Sears/Compco Preemptioni Doctrine Applied To Bonito Boats V. Thunder Craft, David E. Shipley Jan 1993

Refusing To Rock The Boat: The Sears/Compco Preemptioni Doctrine Applied To Bonito Boats V. Thunder Craft, David E. Shipley

Scholarly Works

This article discusses the Bonito Boats and Interpart cases in conjunction with the lower courts' interpretations of the challenged state "plug molding" statutes. It analyzes the Supreme Court's resolution of the conflict between the Bonito Boats and Interpart decisions and then explores the ramifications of Bonito Boats. The article concentrates on the ways in which this decision may expand the scope of federal preemption of state law protection for certain kinds of intellectual property.


Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia Jan 1993

Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.