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1994

Intellectual Property Law

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Articles 1 - 30 of 106

Full-Text Articles in Law

Technology On The Factory Floor Ii: Benchmarking Manufacturing Technology Use In The Usa, Paul Swamidass Dec 1994

Technology On The Factory Floor Ii: Benchmarking Manufacturing Technology Use In The Usa, Paul Swamidass

Paul Swamidass

This monograph is the result of the second joint effort of the Manufacturing Institute of the National Association of Manufacturers (NAM) and the author for studying the use of fifteen different manufacturing technologies in the US. Timely support by the National Science Foundation enabled this second study to be expanded to a larger number of participants. A total of 1,121 members of NAM participated in this study. Hard technologies studied were: AGV, CAD, CAM, CIM, CNC, FMS, LAN, Robotics and automated inspection, and soft technologies studied were: TQM, JIT, SQC, MRP, MRP II, and manufacturing cells.

Selected findings are ...


The Exemption From Patent Infringement And Declaratory Judgments: Misinterpretation Of Legislative Intent?, Amy Stark Nov 1994

The Exemption From Patent Infringement And Declaratory Judgments: Misinterpretation Of Legislative Intent?, Amy Stark

San Diego Law Review

This Comment explores the Drug Price Competition and Patent Term Restoration Act of 1984. This statute was enacted to encourage expenditure in the areas of pharmaceutical and medical inventions, and to ensure greater competition in these fields at an earlier date after relevant patents expire. The author argues that courts' interpretations of this act may be preventing these original goals of Congress from being met. Several courts have based denial of declaratory judgments upon this statute. The author argues that if the statute is interpreted as requiring the denial of all declaratory judgment suits, the statute may actually discourage companies ...


Intellectual Property Right Protections In The Republic Of China: Biotechnology And Pollution Control, Joi Cary Oct 1994

Intellectual Property Right Protections In The Republic Of China: Biotechnology And Pollution Control, Joi Cary

Buffalo Journal of International Law

No abstract provided.


Product-By-Process Patent Claims: Majority Of The Court Of Appeals For The Federal Circuit Forgets Purpose Of The Patent Act, Mark D. Passler Oct 1994

Product-By-Process Patent Claims: Majority Of The Court Of Appeals For The Federal Circuit Forgets Purpose Of The Patent Act, Mark D. Passler

University of Miami Law Review

No abstract provided.


Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar Oct 1994

Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Holding Producers And Distributors Liable For The Harms Of Sexually Violent Pornography Through Tort Law, Elizabeth K. Fuller Oct 1994

Holding Producers And Distributors Liable For The Harms Of Sexually Violent Pornography Through Tort Law, Elizabeth K. Fuller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro Oct 1994

Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


United States V. Knox: Protecting Children From Sexual Exploitation Through The Federal Child Portonography Laws, Annemarie J. Mazzone Oct 1994

United States V. Knox: Protecting Children From Sexual Exploitation Through The Federal Child Portonography Laws, Annemarie J. Mazzone

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Environmentally Dependent Inventions And The "On Sale" And "Public Use" Bars Of § 102(B): A Proffered Solution To A Statutory Dichotomy, James A. Jorgensen Oct 1994

Environmentally Dependent Inventions And The "On Sale" And "Public Use" Bars Of § 102(B): A Proffered Solution To A Statutory Dichotomy, James A. Jorgensen

University of Miami Law Review

No abstract provided.


Brief Amicus Curiae Of Eleven Copyright Law Professors In Princeton University Press V. Michigan Document Services, Inc., L. Ray Patterson Oct 1994

Brief Amicus Curiae Of Eleven Copyright Law Professors In Princeton University Press V. Michigan Document Services, Inc., L. Ray Patterson

Scholarly Works

The issue dealt with in this amici curiae brief is the judicial ability (or inability) to take away rights granted by Congress in 17 U.S.C. S 107, the fair use doctrine.

On June 9, 1994, the United States District Court for the Eastern District of Michigan, Southern Division, issued an opinion in Princeton University Press v. Michigan Document Services, Inc., granting several publishers a permanent injunction prohibiting a commercial copying service from photocopying excerpts from copyrighted works chosen by professors and compiled as course packets to be used by university students in class. The court held that such ...


Review Of: Ann Rappaport, Development And Transfer Of Pollution Prevention Technology, Kristina M. Jahns Sep 1994

Review Of: Ann Rappaport, Development And Transfer Of Pollution Prevention Technology, Kristina M. Jahns

RISK: Health, Safety & Environment (1990-2002)

Review of: Ann Rappaport, Development and Transfer of Pollution Prevention Technology (Quorum Books 1993). Appendices, bibliographical references, figures, index, preface, tables. LC 93-292; ISBN 0-89930-816-3 [203 pp. Cloth $55.00. 88 Post Road West, Westport CT 06881.]


Of "Ugly Stiks" And Uglier Case Law: A Comment On The Federal Registration Of Functional Designs After Shakespeare Co. V. Silstar Corp. Of America, Theodore H. Davis, Jr. Sep 1994

Of "Ugly Stiks" And Uglier Case Law: A Comment On The Federal Registration Of Functional Designs After Shakespeare Co. V. Silstar Corp. Of America, Theodore H. Davis, Jr.

Washington and Lee Law Review

No abstract provided.


Recent Amendments To China’S Patent Law: The Emperor’S New Clothes, Laurence P. Harrington Aug 1994

Recent Amendments To China’S Patent Law: The Emperor’S New Clothes, Laurence P. Harrington

Boston College International and Comparative Law Review

No abstract provided.


Lost And Foundry: Forging A New Approach To Patent Licensing Agreements, Lawrence D. Graham Jul 1994

Lost And Foundry: Forging A New Approach To Patent Licensing Agreements, Lawrence D. Graham

Washington Law Review

The Federal Circuit has been inconsistent in its treatment of patent licensing agreements held by foundries. Recently, the Federal Circuit held that a foundry contract is a sale of goods that severs the right of the patentee with respect to the buyer under the patent exhaustion doctrine. In addition, it held that the applicable license would be construed to allow foundry rights unless the patentee could prove otherwise. This Note analyzes a string of Federal Circuit cases involving foundries and patent licenses. It concludes that a foundry contract should be viewed as a sale of services rather than a sale ...


Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi Jun 1994

Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi

Federal Communications Law Journal

The Cable Act of 1992 required, for the first time, that cable systems receive the consent of broadcast stations to retransmit their signals. While the fees that some stations had hoped to extract from the cable systems have generally not materialized, broadcasters may be able to use their expertise in the provision of local news and programming to gain additional cable channel space for this local-interest programming. The Author explores the historical interaction and conflict between cable systems and local broadcasters over retransmission rights. The Author also examines the courts' and FCC's responses to the copyright issues surrounding retransmission ...


Vagueness And Enforceability: Potential Problems Of The 1991 Thai Trademark Act, Sakda Thanitcul Jun 1994

Vagueness And Enforceability: Potential Problems Of The 1991 Thai Trademark Act, Sakda Thanitcul

Washington International Law Journal

In 1991, Thailand adopted a new Trademark Act, which, among other goals, increased protection of trademark and service mark agreements. However, enforcement of these new rules has not been clearly defined. In the first portion of this article, the author examines the new rules for trademark agreements in Thailand. These rules give extensive discretion to the Thai Registrar, yet have potential problems in enforcing standards such as quality control. The next section examines Thai public policy, and analyzes how other industrialized nations enforce their policies on trademarks. Finally, the article recommends that Thailand increase quality control, and more carefully define ...


Revision Of The Japanese Patent And Utlility Model System, Nobuo Monya, Marvin Motsenbocker, Hiroki Mitsumata Jun 1994

Revision Of The Japanese Patent And Utlility Model System, Nobuo Monya, Marvin Motsenbocker, Hiroki Mitsumata

Washington International Law Journal

As part of the international harmonization of industrial property rights, in the summer of 1992 a U.S. advisory committee published recommendations concerning revisions to the patent system. The Industrial Property Council of Japan also published a report at the end of 1992 concerning revisions to the patent law and utility model law. Soon thereafter the U.S. administration in Washington changed, and the U.S. position on patent law harmonization became unclear. Japan, however, enacted its report into legislation. Japan revised the relevant parts of its Patent Law (Law No. 26 of 1993) on April 16, 1993, and the ...


Oh Pretty Woman, Revisited, Randall Coyne Apr 1994

Oh Pretty Woman, Revisited, Randall Coyne

Randall Coyne

No abstract provided.


Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald Apr 1994

Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald

Scholarly Works

“COPYING IS ILLEGAL” declares the final page of the chorus from the Bach cantata lying to the right of my computer. The slogan is ingeniously printed in gray across the entire page so that it will show up clearly if any photocopies are made. The first page of the text contains the copyright symbol and the name and address of the “sole selling agent” of the putative copyright owner. Apparently, the copyright claimant would prefer to sell additional copies of the music rather than receive royalties for copying done by users. “ALL COPYING IS ILLEGAL” states the edition of Shakespeare ...


Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola Apr 1994

Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola

Washington Law Review

In MAI Systems Corp. v. Peak Computer, Inc. the Ninth Circuit Court of Appeals held that Peak committed copyright infringement by running MAI operating system software incidental to Peak's repair of the computer system. The court rejected Peak's section 117 defense under the Copyright Act because it refused to recognize a licensee of computer software as an "owner" of a copy of software. This Note argues that the decision contravenes both the substance and principles of federal copyright law, and unnecessarily harms computer owners. It suggests a two-tiered analysis that courts should follow when evaluating copyright infringement claims ...


The Wright Enabling Disclosure For Biotechnology Patents, Karen S. Canady Apr 1994

The Wright Enabling Disclosure For Biotechnology Patents, Karen S. Canady

Washington Law Review

The disclosure in a patent specification must enable others to make and use the claimed invention. In the competitive biotechnology industry, companies often seek broad claims to protect contemplated embodiments of their inventions that have not yet been reduced to practice. In In re Wright, the Federal Circuit recently challenged this approach when it upheld the rejection, for lack of enablement, of all but the narrowest claims to a vaccine genetically engineered to protect against retroviruses. This decision unreasonably elevates the established standard for enablement by limiting biotechnological patent protection to only those embodiments of a claimed invention whose success ...


Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige Mar 1994

Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige

RISK: Health, Safety & Environment (1990-2002)

Dr. Murashige compares the function and value of copyright, patent and trade secret laws in recovering investments in developing genome-related biotechnology.


Unbundling Value In Electronic Information Products: Intellectual Property Protection For Machine Readable Interfaces, Henry H. Perritt Jr. Mar 1994

Unbundling Value In Electronic Information Products: Intellectual Property Protection For Machine Readable Interfaces, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov Mar 1994

Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen Mar 1994

Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Technology Transfer: A View From The Trenches, Harvey Drucker Mar 1994

Technology Transfer: A View From The Trenches, Harvey Drucker

RISK: Health, Safety & Environment (1990-2002)

Dr. Drucker, who has lab-wide responsibility for technology transfer at Argonne National Laboratory, argues that transferring rights in discoveries made through tax supported research to private entities can contribute to public welfare in many ways.


Biotechnology Process Patents: Is Special Legislation Needed?, Timothy P. Linkkila, Timothy E. Tracy Mar 1994

Biotechnology Process Patents: Is Special Legislation Needed?, Timothy P. Linkkila, Timothy E. Tracy

RISK: Health, Safety & Environment (1990-2002)

The authors review administrative and court decisions prompting proposed changes to the patent law. After reviewing pros and cons, they argue that, on balance, pending bills can easily cause more problems than they solve.


Overview Of Federal Technology Transfer, Lawrence Rudolph Mar 1994

Overview Of Federal Technology Transfer, Lawrence Rudolph

RISK: Health, Safety & Environment (1990-2002)

Mr. Rudolph reviews approximately thirteen years of legal and political developments that have contributed to laws governing the extent to which private firms may secure rights in technology at least partly developed with federal funds.


The Human Genome Project And The Downside Of Federal Technology Transfer, Christopher J. Harnett Mar 1994

The Human Genome Project And The Downside Of Federal Technology Transfer, Christopher J. Harnett

RISK: Health, Safety & Environment (1990-2002)

Mr. Harnett argues that emphasizing technology transfer at institutions such as the National Institutes of Health will interfere with what should be regarded as their primary mission, basic research.


Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg Mar 1994

Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg

RISK: Health, Safety & Environment (1990-2002)

Professor Eisenberg argues against a system providing for federally-sponsored inventions to be patented if any associated person so desires. She believes that the system does not adequately weigh the possibility that the greatest social return from genome research will require some discoveries to be in the public domain.