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2003

Intellectual Property Law

Marquette Intellectual Property Law Review

Articles 1 - 9 of 9

Full-Text Articles in Law

Tailoring Patent Policy To Specific Industries, Dan L. Burk Jan 2003

Tailoring Patent Policy To Specific Industries, Dan L. Burk

Marquette Intellectual Property Law Review

Mr. Burk illustrates that federal courts have diverged along industry-specific paths when deciding patent cases. Burk highlights courts' disparate treatment of the biotechnology and computer software industries within the uniform patent statute. Due to industries' differing requirements for innovation and development, Professor Burk argues that the currently general patent statute and its incentive to innovate may be improved by tailoring it to specific industries. Burk creates a dialogue on what kinds of statutory schemes promote innovation. Citing the Supreme Court's statement in Diamond v. Chakrabarty that the patent statute is meant to cover anything under the sun made by man, …

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A Role For The Business Attorney In The Twenty-First Century: Adding Value To The Client's Enterprise In The Knowledge Economy, Peter J. Gardner Jan 2003

A Role For The Business Attorney In The Twenty-First Century: Adding Value To The Client's Enterprise In The Knowledge Economy, Peter J. Gardner

Marquette Intellectual Property Law Review

Mr. Gardner explores the evolving role of business lawyers in the knowledge economy and explains how they must add value to clients' business endeavors. Intellectual property law is the central legal framework through which the business attorney will meet increasingly sophisticated client expectations. The attorney's value-adding service will enable the client to make better business decisions based on the attorney's analysis of the innovative opportunities available to the client. Gardner focuses on several evolving influences on the practice of law that will challenge the profession, such as globalization of commerce; multidisciplinary practice; commoditization of legal services; increased sophistication of clients; …

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The Role Of Intellectual Property Rights In Negotiating And Planning A Research Joint Venture, Kurt M. Saunders Jan 2003

The Role Of Intellectual Property Rights In Negotiating And Planning A Research Joint Venture, Kurt M. Saunders

Marquette Intellectual Property Law Review

This Article considers the role of intellectual property rights in research joint ventures. Professor Saunders begins by outlining the various advantages of pursuing research in a joint venture business form, including the sharing of expertise and investment costs. The author identifies and elucidates the intellectual property issues, as well as related licensing and antitrust implications, that arise in the joint venture context. Most notably, Saunders articulates the different intellectual property concerns that surface at each separate stage-from negotiation and planning, to termination of the collaboration.

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Whither European Trade Mark Law? Arsenal And Davidoff: The Creative Disorder Stage, S. M. Maniatis Jan 2003

Whither European Trade Mark Law? Arsenal And Davidoff: The Creative Disorder Stage, S. M. Maniatis

Marquette Intellectual Property Law Review

Professor Maniatis focuses on recent case law of the European Court of Justice (ECJ) to illustrate the present disorderly state of European trade mark law. With the advent of the Community Trade Mark within the European Union, the ECJ is in the process of shaping a new body of trade mark precedent that will influence both national registration laws and future legislative developments in trade mark and unfair competition law. The author proposes that this new course should be guided by basic principles of trade mark law rather than by compromise between adverse historical and national systems. The Article gives …

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Comments On Cyber Copyright Disputes In The People's Republic Of China: Maintaining The Status Quo While Expanding The Doctrine Of Profit-Making Purposes, Wei Yanliang, Feng Xiaoqing Jan 2003

Comments On Cyber Copyright Disputes In The People's Republic Of China: Maintaining The Status Quo While Expanding The Doctrine Of Profit-Making Purposes, Wei Yanliang, Feng Xiaoqing

Marquette Intellectual Property Law Review

This Article addresses the status of cyber copyright disputes in the People's Republic of China with an inside view of the government's influence and control over copyrighted works. Examining cyber copyright case law, the authors seek to answer the question of whether China's 2001 Copyright Law will lead to an increase in royalty payments under a fair distribution system. The need for equitable, consistent enforcement is pressing, as the proliferation of copyrighted material through mobile phone and Internet use is rapidly increasing. In China, all current-affairs news first flows through state-run news organizations. Thus, in order to post the news, …

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Stemming The Stem Cell Setback, Patrick J. Fleis Jan 2003

Stemming The Stem Cell Setback, Patrick J. Fleis

Marquette Intellectual Property Law Review

This Comment highlights the recent federal funding setbacks in the biotechnology industry and considers the resulting challenges to future research collaboration. After providing a historical background to stem cell technology, Mr. Fleis examines the passionately opposed public responses to the technology's use of embryos and to its future applications. Fleis continues by noting past legislative initiatives that have accelerated the ease of patenting biotechnology and research findings in general. The Comment addresses several possible solutions to the tension between limited government funding and continued stem cell research, such as the adoption of a more relaxed experimental use standard. Stem cell …

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Keywords, Trademarks, And The Gray Market: Why The Use Is Not Fair, Lisa A. Nester Jan 2003

Keywords, Trademarks, And The Gray Market: Why The Use Is Not Fair, Lisa A. Nester

Marquette Intellectual Property Law Review

This Comment analyzes the escalating effects of Internet banner ads and gray marketers on trademark owners' ability to control the use and sale of their marks as keywords and metatags. To unify these concepts, Ms. Nester utilizes the facts behind a suit filed by Estee Lauder, Inc. against an Internet fragrance retailer and an Internet search engine. The suit alleged trademark infringement and unfair competition, among other things, for the Internet entities' unauthorized uses of Estee Lauder's registered trademarks in fragrances. The author explores the facilitating and enabling effect of the Internet on gray market, or parallel importation, activity, such …

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High Court Takes Right Turn In Traffix, But Stops Short Of The Finish Line: An Economic Critique Of Trade Dress Protection For Product Configuration, Timothy M. Barber Jan 2003

High Court Takes Right Turn In Traffix, But Stops Short Of The Finish Line: An Economic Critique Of Trade Dress Protection For Product Configuration, Timothy M. Barber

Marquette Intellectual Property Law Review

Mr. Barber examines the Supreme Court's recent treatment of trade dress protection for product configuration, also referred to as product design. Although the Wal-Mart and TrafFix decisions have begun to limit product configuration protection under trademark law, the high court should have gone further and eliminated product configuration protection, due to its monopolistic and anti-competitive effects. The Comment explores the history and effectiveness of the functionality doctrine, which attempts to resolve the conflict between patent and trademark law over protecting useful product designs. Since what constitutes a functional feature is not easily discerned, the doctrine fails to prevent firms from …

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Table Of Contents Jan 2003

Table Of Contents

Marquette Intellectual Property Law Review

None.

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