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1998

Journal

Duke Law

Intellectual property

Articles 1 - 9 of 9

Full-Text Articles in Law

Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh Nov 1998

Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh

Duke Law Journal

Preliminary injunctions against libel, obscenity, and other kinds of speech are generally considered unconstitutional prior restraints. Even though libel may inflict truly irreparable harm on its victim, the most a libel plaintiff can hope for is damages, or perhaps a permanent injunction after final adjudication, not preliminary relief. Professors Lemley and Volokh argue the same rule should apply to preliminary injunctions in many copyright, trademark, right of publicity, and trade secret cases. They note that intellectual property rights, unlike other property rights, are a form of content-based, government-imposed speech restriction. The mere fact that the restriction is denominated a "property …


From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller Oct 1998

From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller

Duke Journal of Comparative & International Law

No abstract provided.


The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink Oct 1998

The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink

Duke Journal of Comparative & International Law

No abstract provided.


The Conditions Of The Judicial And Administrative Protection Of Copyright In China, Wu Shulin Oct 1998

The Conditions Of The Judicial And Administrative Protection Of Copyright In China, Wu Shulin

Duke Journal of Comparative & International Law

No abstract provided.


Administrative Management And Enforcement Of Copyright In China, Chen Zhaokuan Oct 1998

Administrative Management And Enforcement Of Copyright In China, Chen Zhaokuan

Duke Journal of Comparative & International Law

No abstract provided.


The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus Oct 1998

The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus

Duke Journal of Comparative & International Law

No abstract provided.


The Trips Agreement And Intellectual Property Protection In China, Zheng Chengsi Oct 1998

The Trips Agreement And Intellectual Property Protection In China, Zheng Chengsi

Duke Journal of Comparative & International Law

No abstract provided.


China’S System Of Trademark Administration, Liu Peizhi Oct 1998

China’S System Of Trademark Administration, Liu Peizhi

Duke Journal of Comparative & International Law

No abstract provided.


A Brief Introduction To The Patent Practice In China, Yin Xintian Oct 1998

A Brief Introduction To The Patent Practice In China, Yin Xintian

Duke Journal of Comparative & International Law

No abstract provided.