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Articles 1 - 12 of 12
Full-Text Articles in Law
Intellectual Property In The Western Hemisphere, Robert M. Sherwood
Intellectual Property In The Western Hemisphere, Robert M. Sherwood
University of Miami Inter-American Law Review
No abstract provided.
Fair Use In American And Continental Laws, Omar M.A. Obeidat
Fair Use In American And Continental Laws, Omar M.A. Obeidat
LLM Theses and Essays
Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …
From Pirate King To Jungle King: Transformation Of Taiwan's Intellectual Property Protection, Andy Y. Sun
From Pirate King To Jungle King: Transformation Of Taiwan's Intellectual Property Protection, Andy Y. Sun
Maryland Series in Contemporary Asian Studies
No abstract provided.
Virtual Trade Dress: A Very Real Problem, Tom W. Bell
Virtual Trade Dress: A Very Real Problem, Tom W. Bell
Maryland Law Review
No abstract provided.
On The Economics Of Copyright, Restitution And 'Fair Use': Systemic Versus Case-By-Case Responses To Market Failure, Wendy J. Gordon
On The Economics Of Copyright, Restitution And 'Fair Use': Systemic Versus Case-By-Case Responses To Market Failure, Wendy J. Gordon
Faculty Scholarship
The 'public goods' characteristics possess by intangible works of authorship and invention present the basic market failure problem usually relied on to justify intellectual property rights. What is ordinarily less emphasized is that such market failure is no more than half of the prerequisite for an economically desirable copyright or patent system: another requisite condition is that there be less costly market imperfections after intellectual property is instituted than there would have been in the absence of the intellectual property regime. Intellectual property rights are best justified in the presence of "asymmetric market conditions", that is where (1) in the …
Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski
Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski
Seattle University Law Review
The Internet community—just like all other speech communities—ought to be afforded First Amendment protections. I don't see any reason why Internet speech should be treated any less favorably than other kinds of speech. But the vastly overblown claim that the communications medium somehow deserves to be put outside normal legal constraints--because it's so global, or because it's so different—is self-defeating. It substitutes generalities and sentiments for real thinking. The kind of analysis we've seen at this conference—the kind of debate we've had here—is very useful, because we're talking about the specifics of what legal constraints should be allowed. Not whether …
The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen
The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen
Seattle University Law Review
Part I of this Article briefly introduces the five main legal issues related to Internet use in Taiwan. Part II discusses network-related copyright issues, including the doctrine of fair use, personal and corporate use of the Internet, and one of the first court cases in Taiwan on this issue. Part III discusses issues arising from commercial activity on the Internet, including the validity of on-line contracts, the use of digital signatures for authentication, and the applicability of Taiwan's Broadcasting and Television Law, Cable Television Law, and Fair Trade Law to regulating commercial advertising on the Internet. Part IV discusses the …
The Legal Ramifications Of Saving Face: An Integrated Analysis Of Intellectual Property And Sport, Darryl C. Wilson
The Legal Ramifications Of Saving Face: An Integrated Analysis Of Intellectual Property And Sport, Darryl C. Wilson
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Marketing Software In Brazil: Stragegic Planning In A Changing Economic And Legal Environment, Susan T. Craighead
Marketing Software In Brazil: Stragegic Planning In A Changing Economic And Legal Environment, Susan T. Craighead
LLM Theses and Essays
This thesis examines globalization and strategic planning in the context of the marketing and distribution of software in Brazil. It includes a discussion of strategic choices, along with relevant laws, available to a company planning to market software in Brazil.
Cyberspace Must Exceed Its Grasp, Or What's A Metaphor? Tropes, Trips And Stumbles On The Info Highway, Robert C. Cumbow
Cyberspace Must Exceed Its Grasp, Or What's A Metaphor? Tropes, Trips And Stumbles On The Info Highway, Robert C. Cumbow
Seattle University Law Review
This Essay will focus on three metaphors, and show briefly how the arguments that copyright law is “unworkable” in the Internet context are based on a misreading of these metaphors. The first metaphor is the use of the term “cyberspace” to apply to the Internet; the second is the tendency to describe Internet communication as “going” somewhere. Both of these metaphors mistakenly suggest a space in which enforcement—and, indeed, violation—of any law is impossible. The third metaphor is the “wine and bottles” analogy, set forth by John Perry Barlow in his widely circulated article, “The Economy of Ideas," to show …
Rethinking Remedies At The Intersection Of Intellectual Property And Contract: Toward A Unified Body Of Law, Maureen A. O'Rourke
Rethinking Remedies At The Intersection Of Intellectual Property And Contract: Toward A Unified Body Of Law, Maureen A. O'Rourke
Faculty Scholarship
As society continues to move "on-line"' and technology advances in fields such as biotechnology, a paradigm shift is occurring. Investors are focusing less on asset valuations based on the physical goods owned by a particular firm and more on the value of intangibles-the information and know-how possessed by the firm and embodied in its intellectual property rights. Firms and even entire industries have grown up with the primarily paper assets of patents and copyrights.
Virtual Trade Dress: A Very Real Problem, Tom Bell
Virtual Trade Dress: A Very Real Problem, Tom Bell
Tom W. Bell
A tragedy looms for trade dress. Encouraged by bad case law and tempted by new technologies, trade dress threatens to assume a role properly reserved for other forms of intellectual property. Trade dress should aim primarily at protecting the public from confusing the features that identify goods and services. Current trends, however, risk expanding trade dress until it constitutes the very commodities that it once merely identified. Superficially genuine but fundamentally artificial, this is virtual trade dress.