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Articles 1 - 30 of 85
Full-Text Articles in Law
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
Buffalo Journal of International Law
No abstract provided.
Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro
Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro
Fordham Intellectual Property, Media and Entertainment Law Journal
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
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
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.
United States V. Knox: Protecting Children From Sexual Exploitation Through The Federal Child Portonography Laws, Annemarie J. Mazzone
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.
Product-By-Process Patent Claims: Majority Of The Court Of Appeals For The Federal Circuit Forgets Purpose Of The Patent Act, Mark D. Passler
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.
Environmentally Dependent Inventions And The "On Sale" And "Public Use" Bars Of § 102(B): A Proffered Solution To A Statutory Dichotomy, James A. Jorgensen
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.
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.
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.
Review Of: Ann Rappaport, Development And Transfer Of Pollution Prevention Technology, Kristina M. Jahns
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.]
Lost And Foundry: Forging A New Approach To Patent Licensing Agreements, Lawrence D. Graham
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
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. Focusing …
Revision Of The Japanese Patent And Utlility Model System, Nobuo Monya, Marvin Motsenbocker, Hiroki Mitsumata
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 revisions were promulgated …
Vagueness And Enforceability: Potential Problems Of The 1991 Thai Trademark Act, Sakda Thanitcul
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 …
Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola
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 involving software …
The Wright Enabling Disclosure For Biotechnology Patents, Karen S. Canady
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 …
Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post
Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields
The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Midi Files: Copyright Protection For Computer-Generated Works, Christos P. Badavas
Midi Files: Copyright Protection For Computer-Generated Works, Christos P. Badavas
William & Mary Law Review
No abstract provided.
Overview Of Federal Technology Transfer, Lawrence Rudolph
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
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.
Patent & Trademark Depository Library Association Newsletter
Patent & Trademark Depository Library Association Newsletter
Journal of the Patent and Trademark Resource Center Association
No abstract provided.
Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham
Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham
Federal Communications Law Journal
In the entertainment industry idea theft is rampant. Because copyright protects only fixed expressions, a legal remedy does not always exist to stop the unattributed and unrewarded use of plot ideas. By incorporating elements from existing copyright and contract law, this Note proposes the creation of a "concept initiator" credit to protect fully developed ideas even where copyright cannot attach. The Author argues that the credit and the three-part test to determine when the credit applies will protect ideas from theft without drastically increasing the number of frivolous lawsuits.
Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets
Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets
Federal Communications Law Journal
The right of publicity has allowed celebrities and their licensees to commercially exploit "personality" through ever greater and subtler methods. Two celebrated cases involving entertainers Bette Midler and Tom Waits have expanded the right of publicity to the amorphous realm of vocal performance. The indeterminacy of this new right and the significant damages awarded in the leading cases have left commercial interests confused and hesitant. This Note argues that this new right unjustly rewards a small group of celebrity performers while reducing the economic incentives that encourage the development of new performers. This Note further argues that the right in …
Technology Transfer: A View From The Trenches, Harvey Drucker
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
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 Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige
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.
Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek
Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe
Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe
Fordham Intellectual Property, Media and Entertainment Law Journal
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
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.