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2003

Intellectual Property Law

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Articles 1 - 30 of 81

Full-Text Articles in Law

Does Your Website Put You At Risk?—Liability Issues In Using Third Party Content: Global Perspectives, James Maxeiner Nov 2003

Does Your Website Put You At Risk?—Liability Issues In Using Third Party Content: Global Perspectives, James Maxeiner

All Faculty Scholarship

This presentation examines some of the new laws that affect the liability risks faced by online service providers that rely in part or in whole on information posted or otherwise provided by third parties, both with respect to issues associated with liability for defamatory information and to infringement issues.

In this presentation we are going to consider first the most important areas of liability for distribution of third party content. These laws pre-date the Internet and continue in force. We will then consider liability for third party content under the most important of those laws. Finally, we will consider how ...


The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai Nov 2003

The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai

Cornell Law School J.D. Student Research Papers

The digital era has posed a unique challenge to copyright law. The emergence of the information technology revolution and the internet has increased the ability and the willingness of copyright users to copy and distribute protected material. In response to this phenomenon copyright owners have pushed for stronger laws to protect their content from infringement. Their success has prompted a strong counter reaction from copyright users and consumer groups.

This paper seeks to examine how changes to Australian and US copyright law have resulted in an imbalance between owners and users and whether the traditional safeguards of fair dealing and ...


The Copyright Divide, Peter K. Yu Nov 2003

The Copyright Divide, Peter K. Yu

Faculty Scholarship

Most recently, the recording industry filed 261 lawsuits against individuals who illegally downloaded and distributed a large amount of music via peer-to-peer file-sharing networks, such as KaZaA, Grokster, iMesh, and Gnutella. Although the industry's recent approach was controversial and resulted in major criticisms from legislators, academics, civil libertarians, consumer advocates, and university officials, the copyright holders' aggressive tactics are not new.

In fact, copyright holders have been known for using, or encouraging their government to use, coercive power to protect their creative works. Only a decade ago, the U.S. copyright industries have lobbied their government to use strong-armed ...


Eldred, The First Amendment, And Aggressive Copyright Claims, Alfred C. Yen Oct 2003

Eldred, The First Amendment, And Aggressive Copyright Claims, Alfred C. Yen

Boston College Law School Faculty Papers

This Essay studies the effect of Eldred v. Ashcroft on the treatment of aggressive copyright claims. Aggressive copyright claims test the boundaries of copyright by urging courts to adopt unconventional or novel readings of doctrine that would extend copyright well beyond its core of preventing individuals from reproducing the copyrighted works of others. Accordingly, aggressive copyright claims are often made against defendants who have done more than simply "parrot" a copyrighted work. These defendants have generally added meaningful work of their own, whether in the form of comment and criticism, significant reworking of the plaintiff's material, or new material ...


Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin Effron Oct 2003

Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin Effron

Faculty Scholarship

No abstract provided.


Copyrighting Facts, Michael S. Green Oct 2003

Copyrighting Facts, Michael S. Green

Faculty Publications

No abstract provided.


China And The Wto: Progress, Perils, And Prospects, Peter K. Yu, Gordon G. Chang, Jerome A. Cohen, Elizabeth C. Economy, Sharon K. Hom, Adam Qi Li Oct 2003

China And The Wto: Progress, Perils, And Prospects, Peter K. Yu, Gordon G. Chang, Jerome A. Cohen, Elizabeth C. Economy, Sharon K. Hom, Adam Qi Li

Faculty Scholarship

In November 2001, member states of the World Trade Organization (WTO) approved the proposal to admit China to the international trading body. After fifteen years of exhaustive negotiations, China finally became the 143rd member of the WTO on December 11, 2001. To reflect on this event, this panel brings together six China experts to explore the ramifications of China's accession to the WTO. Among the issues addressed are whether China is making progress in its compliance with the WTO requirements, whether China is suffering setbacks in the socio-economic arena, whether there are any prospects for democratic reforms and stronger ...


Four Common Misconceptions About Copyright Piracy, Peter K. Yu Oct 2003

Four Common Misconceptions About Copyright Piracy, Peter K. Yu

Faculty Scholarship

Copyright piracy is one of the most difficult, yet important, transnational problems in the twenty-first century. Although legal literature has discussed copyright piracy extensively, commentators rarely offer a "grand unified theory" on this global problem. Rather, they give nuanced analyses, discussing the many aspects of the problem-political, social, economic, cultural, and historical.

This nuanced discussion, however, is missing in the current public debate. To capture the readers' emotion and to generate support for proposed legislative and executive actions, the debate often oversimplifies the complicated picture by overexagerrating a particular aspect of the piracy problem or by offering an abbreviated, easy-to-understand ...


I Am Glad I Got To Know Him, David Shipley Oct 2003

I Am Glad I Got To Know Him, David Shipley

Scholarly Works

This article is part of a number of articles in tribute to L. Ray Patterson, which appear in 11 J. Intel Prop i (2003).


Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll Sep 2003

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll

Working Paper Series

Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle ...


Patent Quality Improvement: Hearing Before The H. Comm. On The Judiciary, 108th Cong., July 24, 2003 (Statement Of John R. Thomas, Prof Of Law, Geo. U. L. Center), John R. Thomas Jul 2003

Patent Quality Improvement: Hearing Before The H. Comm. On The Judiciary, 108th Cong., July 24, 2003 (Statement Of John R. Thomas, Prof Of Law, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.


Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas Jul 2003

Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas

Faculty Articles

A trademark is any distinctive sign indicating that certain products or services have been manufactured or rendered by a specific person or company. This concept is currently recognized worldwide; however, the origin of trademarks dates back to antiquity when artisans placed their signatures or “marks” on their products containing an artistic or utilitarian element. Through time, these marks have evolved to such an extent that today, a reliable and efficient system for their registration and protection has been established. Besides protecting owners of trademarks, this system also helps consumers identify and purchase goods or services, which, because of the essence ...


Traditional Knowledge, Intellectual Property, And Indigenous Culture: An Introduction, Peter K. Yu Jul 2003

Traditional Knowledge, Intellectual Property, And Indigenous Culture: An Introduction, Peter K. Yu

Faculty Scholarship

Human communities have always generated, refined and passed on knowledge from generation to generation. Such "traditional" knowledge" [sic] is often an important part of their cultural identities. Traditional knowledge has played, and still plays, a vital role in the daily lives of the vast majority of people. Traditional knowledge is essential to the food security and health of millions of people in the developing world. In many countries, traditional medicines provide the only affordable treatment available to poor people. In developing countries, up to 80% of the population depend on traditional medicines to help meet their healthcare needs. In addition ...


Random Walks, Non-Cooperation Games, And The Complex Mathematics Of Patent Pricing, F. Russell Denton, Paul J. Heald Jul 2003

Random Walks, Non-Cooperation Games, And The Complex Mathematics Of Patent Pricing, F. Russell Denton, Paul J. Heald

Scholarly Works

Current patent valuation methods have been described charitably as “inappropriate,” “crude,” “inherently unreliable,” and a “guesstimate.” This article provides a more rational and systematic tool than any we have found in the existing literature or relevant case law. We believe our approach to patent valuation will be useful in improving investment decisions, in facilitating licensing negotiations, and in reducing error costs in litigation. An improved valuation metric also promises to make patents easier to take as collateral and to reduce the amount of “Blue Sky” in mergers and acquisitions involving high tech corporations. To the extent that valuation problems have ...


Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande Jun 2003

Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande

All Faculty Scholarship

No abstract provided.


Intellectual Property Rights And The World Trade Organization: Retrospect And Prospects, Giancarlo Moschini May 2003

Intellectual Property Rights And The World Trade Organization: Retrospect And Prospects, Giancarlo Moschini

CARD Working Papers

This paper analyzes the main economic issues of intellectual property rights (IPRs) protection in the context of the World Trade Organization (WTO). A retrospective view on the establishment of the TRIPS (trade-related aspects of intellectual property rights) Agreement, a still controversial accomplishment of the Uruguay Round of trade liberalization, is provided. The paper reviews the economic rationale for the harmonization of IPRs, drawing both on economic theory considerations as well as emerging empirical evidence. The logic of linking IPR protection and trade in the context of the WTO is also re-examined. Some specific attention is devoted to the implications of ...


Genie In The Bottle: Intellectual Property Legislation And The Flow Of Information, Margaret Ann Wilkinson May 2003

Genie In The Bottle: Intellectual Property Legislation And The Flow Of Information, Margaret Ann Wilkinson

Law Presentations

No abstract provided.


The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande Apr 2003

The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande

All Faculty Scholarship

No abstract provided.


What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson Apr 2003

What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson

Scholarly Works

With few exceptions, the U.S. Supreme Court has rendered wise copyright decisions consistent with the Copyright Clause. Unfortunately, Eldred v. Ashcroft adds to the exceptions. The difference is that the former are positive law, and the latter natural law, decisions.


Misreading A Canonical Work: An Analysis Of Mansfield's 1994 Study, Paul J. Heald Apr 2003

Misreading A Canonical Work: An Analysis Of Mansfield's 1994 Study, Paul J. Heald

Scholarly Works

It would be hard to overestimate the influence of Edwin Mansfield's 1994 empirical study for the International Finance Corporation (an arm of the World Bank) of American business executives' attitudes toward low levels of intellectual property protection in developing nations. His paper is ubiquitously cited for the proposition that if developing countries raise their level of intellectual property protection (especially patents), they will attract foreign investment and technology transfer. In the spirit of the honoree of this symposium, I take a skeptical new look at a canonical work and conclude that the developing world should be very suspicious of ...


Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan Mar 2003

Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan

Faculty Scholarship

The global move towards a trade regime has been impeded by challenges of poverty and health crisis for the developing nations. Until now, the developed nations have touted the establishment of a trade regime as envisaged under TRIPS as the solution for the national challenges. This paper examines the effectiveness of TRIPS as a mechanism to move towards a trade regime. It argues that the patent policy in TRIPS cannot gear the world towards patent harmonization but can potentially adversely impact the developed nations and the post-world war trade structure. The impediments affecting the effectiveness of TRIPS as a harmonizing ...


Le Droit Et Les Reseaux Internationaux D'Information, Joel R. Reidenberg Feb 2003

Le Droit Et Les Reseaux Internationaux D'Information, Joel R. Reidenberg

Faculty Scholarship

Travaux pour obtenir le grade de Docteur De L'Universite Paris I. Discipline: Droit. Sujet des publications: Le Droit Et Les Reseaux Internationaux D'Information


Fragmented Copyright, Fragmented Management: Proposals To Defrag Copyright Management, Daniel J. Gervais, Alana Maurushat Jan 2003

Fragmented Copyright, Fragmented Management: Proposals To Defrag Copyright Management, Daniel J. Gervais, Alana Maurushat

Vanderbilt Law School Faculty Publications

The collective management of copyright in Canada was conceived as a solution to alleviate the problem of inefficiency of individual rights management. Creators could not license, collect and enforce copyright efficiently on an individual basis. Requiring users to obtain permission from individual copyright holders for the use of a work was equally inefficient. Collectives, therefore, emerged to facilitate the clearance of rights between creators and users. Even with the facilitation of collectives in the process, clearing rights remains an inherently difficult and convoluted process. This is especially so in the age of the Internet where clearing rights for multimedia products ...


Agricultural Biotechnology In China: An Unreachable Goal?, Stanley P. Kowalski Jan 2003

Agricultural Biotechnology In China: An Unreachable Goal?, Stanley P. Kowalski

Law Faculty Scholarship

Recently there has been much discussion about the People’s Republic of China’s (PR) investment in and commitment to agricultural biotechnology (agri-biotech). Rapid economic expansion, population growth and technological development are changing the PRC; accompanying these changes is increased demand for high-quality food and fibre. Agri-biotech is optimistically viewed as an important way to meet these demands. Whereas Chinese technological capacity in agri-biotech has advanced significantly over the past decade, it may be unable to meet these challenges. Even when this capacity is combined with good intentions, enlightened policy and large capital outlays, accelerated development of agri-biotech may nevertheless ...


University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh Dole Act, Clovia Hamilton Jan 2003

University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh Dole Act, Clovia Hamilton

Winthrop Faculty and Staff Publications

Technology transfer enables private industry and academia to make practical use of advanced research, development, and technical expertise. Indeed, universities are a rich source of science and technology that can support local government and business development as well as economic growth. Thus, it is essential for research universities to transfer their wisdom to the public for its use and benefit. Today, universities operate in an economic climate that requires both capital and knowledge; takes advantage of government technology initiatives (namely the Bayh- Dole Act);' and serves as a catalyst for the creation of a large number of new, incubated companies ...


"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller Jan 2003

"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller

Library Staff Publications

No abstract provided.


Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung Jan 2003

Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung

Faculty Scholarship

No abstract provided.


Piercing The Academic Veil: Disaffecting The Common Law Exception To Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University , Lawrence M. Sung Jan 2003

Piercing The Academic Veil: Disaffecting The Common Law Exception To Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University , Lawrence M. Sung

Faculty Scholarship

No abstract provided.


Brief Of Law Professors As Amicus Curiae In Support Of Respondent, Thomas G. Field Jr, William O. Hennessey, Craig S. Jepson, Karl F. Jorda Jan 2003

Brief Of Law Professors As Amicus Curiae In Support Of Respondent, Thomas G. Field Jr, William O. Hennessey, Craig S. Jepson, Karl F. Jorda

Law Faculty Scholarship

Inventors lacking assurance of a market, or even the right to practice patented inventions, face considerable risk. Those who qualify for patents, in return for disclosure, receive only the assistance of the courts in excluding others from economic exploitation of their inventions. Already subject to many legislative and judicial limitations, patents should not be further subject to the functional equivalent of private inverse condemnation without congressional action.


The Best Patent Practice Or Mere Compromise? A Review Of The Current Draft Of The Substantive Patent Law Treaty And A Proposal For A "First-To-Invent" Exception For Domestic Applicants, Toshiko Takenaka Jan 2003

The Best Patent Practice Or Mere Compromise? A Review Of The Current Draft Of The Substantive Patent Law Treaty And A Proposal For A "First-To-Invent" Exception For Domestic Applicants, Toshiko Takenaka

Articles

Part I of this paper I review the past efforts of patent harmonization. In Part II, I review the current draft of the Substantive Patent Law Treaty (SPLT) and compare its major articles with Title 35 of the United States Code, the European Patent Convention (EPC), and Japanese Patent Law (JPL). In Part III, I analyze the changes expected by the integration of the SPLT into U.S. patent practice and examine if such changes would result in the best patent practice. I propose that the best practice takes into account underlying patent policies in such instances in which the ...