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1993

Intellectual Property Law

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Articles 1 - 30 of 148

Full-Text Articles in Law

Trade, Intellectual Property, And The Development Of Central And Eastern Europe: Filling The Gatt Gap, Anne D. Waters Nov 1993

Trade, Intellectual Property, And The Development Of Central And Eastern Europe: Filling The Gatt Gap, Anne D. Waters

Vanderbilt Journal of Transnational Law

A major obstacle encountered by the formerly Communist states of Central and Eastern Europe as they convert to market economies is the lack of necessary capital. To raise that capital, these states are largely dependent on foreign investors. Inadequate protection of intellectual property in the formerly Communist states, however, may deter foreign investment. This Note examines Central and Eastern Europe's need for capital and the effect that the quality of intellectual property protection may have on its ability to obtain capital. The Author concludes that, in order for the new economies to survive, not only must the states of Central …


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 …


Preventing The Theft And Illegal Export Of Art In A Europe Without Borders, Kimberly A. Short Oct 1993

Preventing The Theft And Illegal Export Of Art In A Europe Without Borders, Kimberly A. Short

Vanderbilt Journal of Transnational Law

The opening of internal borders within the European Community presents tremendous opportunity for European economic growth. Yet with all the potential benefits come many problems. Increased illegal art trafficking is one of these problems. This Note examines European treaties, laws of the individual EC Member States, and Community-wide treaties and regulations designed to prevent the theft and illegal export of art. The Note discusses how the differing interests of the Member States have prevented agreement on legislation to protect art and resulted in measures inadequate to protect Europe's vast art treasures. After analyzing the latest EC regulatory attempt to protect …


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 …


Recent Developments In Latin American Intellectual Property Law: The Venezuelan Response To Andean Pact Decision 313, Mark Greenberg Oct 1993

Recent Developments In Latin American Intellectual Property Law: The Venezuelan Response To Andean Pact Decision 313, Mark Greenberg

University of Miami Inter-American Law Review

No abstract provided.


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 …


Patenting Life In The European Community: The Proposed Directive On The Legal Protection For Biotechnological Inventions, Janice Mccoy Oct 1993

Patenting Life In The European Community: The Proposed Directive On The Legal Protection For Biotechnological Inventions, Janice Mccoy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Defending The “Decency Clause” In Finley V. National Endowment For The Arts, J. Sarah Kim Oct 1993

Defending The “Decency Clause” In Finley V. National Endowment For The Arts, J. Sarah Kim

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright In Legal Documents, David Vaver Oct 1993

Copyright In Legal Documents, David Vaver

Osgoode Hall Law Journal

Original legal documents and forms have long enjoyed copyright protection. After looking at Commonwealth and U.S. decisions, the author discusses the nature, extent, and desirability of protection. An examination of the technicalities of copyright protection reveals a law drafted in broad generalities and ill-suited to respond adequately to the common practices arising from this class and, by implication, other classes of creative work. The author concludes by suggesting practical ways in which legislators, lawyers, and judges can solve some of the copyright problems generated through the use of legal documents.


Antitrust And Baseball – A League Of Their Own, Y. Shukie Grossman Oct 1993

Antitrust And Baseball – A League Of Their Own, Y. Shukie Grossman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


O And P Visas For Nonimmigrants And The Impact Of Organized Labor On Foreign Artists And Entertainers And American Audiences, Tibby Blum Oct 1993

O And P Visas For Nonimmigrants And The Impact Of Organized Labor On Foreign Artists And Entertainers And American Audiences, Tibby Blum

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Arbitration Of Patent Disputes: An Important Option In The Age Of Information Technology, Karl P. Kilb Oct 1993

Arbitration Of Patent Disputes: An Important Option In The Age Of Information Technology, Karl P. Kilb

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


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.


U.S. Supreme Court To Resolve Musical Parody As Fair Use Dispute, Randall Coyne Sep 1993

U.S. Supreme Court To Resolve Musical Parody As Fair Use Dispute, Randall Coyne

Randall Coyne

No abstract provided.


An Employer's Guide To Protecting Trade Secrets From Employee Misappropriation, Derek P. Martin Sep 1993

An Employer's Guide To Protecting Trade Secrets From Employee Misappropriation, Derek P. Martin

BYU Law Review

No abstract provided.


Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura Jul 1993

Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura

Washington International Law Journal

Many current legal issues pertaining to copyright of computer software involve defining the scope of protection of non-literal expression, such as "user interface" and "look and feel," in contrast to literal expression, such as "source code," to which ownership may be more clearly attributed. Superficially, it appears that the case law pertaining to non-literal expression is developing differently in Japan and the United States. This comment demonstrates that, however, while Japanese and U.S. courts have been applying formally different analytical criteria, the decisions of both have been similar in seeking equity-oriented solutions.


Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin Jul 1993

Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin

Indiana Law Journal

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.


Panel Discussion, Valentine Korah, Jean-Francois Verstrynge, Roger J. Goebel Jun 1993

Panel Discussion, Valentine Korah, Jean-Francois Verstrynge, Roger J. Goebel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


International Aspects Of Patent Protection For Biotechnology, John Richards Jun 1993

International Aspects Of Patent Protection For Biotechnology, John Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Sculptors And The Resale Royalty, Thomas Goetzl Jun 1993

Sculptors And The Resale Royalty, Thomas Goetzl

Publications

No abstract provided.


Welcoming Remarks, John Feerick Jun 1993

Welcoming Remarks, John Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Status Of Certain Recent Copyright Developments In The European Community, Joachim Fleury Jun 1993

The Status Of Certain Recent Copyright Developments In The European Community, Joachim Fleury

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz Jun 1993

The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Trends And Developments In The European Community Affecting The Motion Picture Industry, Bernard R. Sorkin Jun 1993

Trends And Developments In The European Community Affecting The Motion Picture Industry, Bernard R. Sorkin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Eec Licensing Of Intellectual Property, Valentine Korah Jun 1993

Eec Licensing Of Intellectual Property, Valentine Korah

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Influences Affecting The Licensing Of Rights In A Unitary European Market, Ronald E. Myrick Jun 1993

Influences Affecting The Licensing Of Rights In A Unitary European Market, Ronald E. Myrick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Interplay Between Intellectual Property Rights And Free Movement Of Goods In The European Community, Roger J. Goebel Jun 1993

The Interplay Between Intellectual Property Rights And Free Movement Of Goods In The European Community, Roger J. Goebel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Commentaries, Morton David Goldberg, Robert J. Hart, Jean-Francois Verstrynge Jun 1993

Panel Commentaries, Morton David Goldberg, Robert J. Hart, Jean-Francois Verstrynge

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Discussion, Ralph Oman Jun 1993

Panel Discussion, Ralph Oman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.