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Articles 271 - 300 of 322
Full-Text Articles in Law
Intellectual Property Rights And The International Treaty On Plant Genetic Resources For Food And Agriculture, Laurence R. Helfer
Intellectual Property Rights And The International Treaty On Plant Genetic Resources For Food And Agriculture, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Reconstructing The Software License, Michael J. Madison
Reconstructing The Software License, Michael J. Madison
Articles
This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in general, the article argues that none of the grounds on which software licensing in general rests are sound. With respect to open source software in particular, the article concludes that achieving a legitimate institutional form for the goals that open source proponents have set for themselves may require looking beyond licensing as such.
The Digital Trademark Right: The Troubling New Extraterritorial Reach Of National Law, Xuan-Thao Nguyen
The Digital Trademark Right: The Troubling New Extraterritorial Reach Of National Law, Xuan-Thao Nguyen
Articles
The Anticybersquatting Consumer Protection Act authorizes the development of the digital trademark right. Under this new right, a trademark owner can petition a domestic court to transfer a foreign registrant's domain name to the trademark owner. The trademark owner does not need to travel to the foreign land for the litigation or to petition a foreign court for enforcement of the domestic court's decision. The property transfer order has a global effect, enjoining the foreign registrant from further use of its property in its home country. Is such extraterritorial extension of national law permissible? Does the new digital trademark right …
Vertical Restraints And Intellectual Property Law: Beyond Antitrust, Michael J. Meurer
Vertical Restraints And Intellectual Property Law: Beyond Antitrust, Michael J. Meurer
Faculty Scholarship
This Article describes how intellectual property (IP) law regulates six types of vertical restraints: restrictions on the field or location of use; restrictions on sharing; control over the frequency of use; restrictions on repair and modification; packaging requirements; and impediments to a buyer's decision to exit its relationship with a seller. There are three reasons to focus on IP oversight of vertical restraints separately from antitrust oversight. First, IP law covers a broader range of vertical restraints. Second, economic analysis of the antitrust-IP conflict focuses mainly on the potential of vertical restraints to exclude downstream competitors. IP doctrines that regulate …
Some Realism About Indigenism, Michael Henry Davis
Some Realism About Indigenism, Michael Henry Davis
Law Faculty Articles and Essays
The debate about creating so-called intellectual property (“IP”)--legal monopolies--over indigenous information (a product mostly of Third World countries) is habitually (almost stereotypically) characterized by qualifications that such monopolies really don't fit, and further qualifications that although they don't fit they are the best alternative. But underlying both sets of qualifications is often a confusion about what the real problem is. Because of a frequent failure to analyze closely the problem (and sometimes because of misinformation mixed with an unhealthy dose of romanticism), critics far too often jump to the legal monopoly solution to problems that ironically may be in large …
Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg
Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg
Other Publications
It's a great honor for me to be invited to deliver the Levine Distinguished Lecture at Fordham, and a great opportunity to try out some new ideas before this audience. As some of you know, I've been studying the role of patents in biomedical research and product development ("R&D") for close to twenty years now, with a particular focus on how patents work in "upstream" research in universities and biotechnology companies that are working on research problems that arise prior to "downstream" product development. But, of course, the patent strategies of these institutions are designed around the profits that everyone …
Engaging Facts And Policy: A Multi-Institutional Approach To Patent System Reform, Arti K. Rai
Engaging Facts And Policy: A Multi-Institutional Approach To Patent System Reform, Arti K. Rai
Faculty Scholarship
The Court of Appeals for the Federal Circuit, charged with adjudicating appeals in patent cases, has adopted an unusual approach that arrogates power over fact finding while it simultaneously invokes rule-formalism. Although the Federal Circuit's approach may be justified by the fact-finding and policy application deficiencies of the trial courts and the Patent and Trademark Office (PTO), it has had a negative impact on innovation policy and has resulted in a patent system that is sorely in need of reform. This Article argues that because of the interdependence of the various institutions within the patent system, reform of the system …
Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner
Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner
All Faculty Scholarship
This article challenges a central tenet of the recent criticism of intellectual property rights: the suggestion that the control conferred by such rights is detrimental to the continued flourishing of a public domain of ideas and information. I argue that such theories understate the significance of the intangible nature of information, and thus overlook the contribution that even perfectly controlled intellectual creations make to the public domain. In addition, I show that perfect control of propertized information - an animating assumption in much of the contemporary criticism - is both counterfactual and likely to remain so. These findings suggest that …
University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh-Dole Act, 36 J. Marshall L. Rev. 397 (2003), Clovia Hamilton
UIC Law Review
No abstract provided.
Intellectual Property Law Decisions Of The Seventh Circuit, 36 J. Marshall L. Rev. 857 (2003), Molly Mosley-Goren
Intellectual Property Law Decisions Of The Seventh Circuit, 36 J. Marshall L. Rev. 857 (2003), Molly Mosley-Goren
UIC Law Review
No abstract provided.
The Value Of Giving Away Secrets, Oren Bar-Gill, Gideon Parchomovsky
The Value Of Giving Away Secrets, Oren Bar-Gill, Gideon Parchomovsky
All Faculty Scholarship
This Essay demonstrates the strategic advantage of narrow patents and unprotected publication of R&D output. Broad patents might stifle follow-on improvements by deterring potential cumulative innovators, who fear being held up by the initial inventor at the ex post licensing stage. By opting for a narrower patent and unprotected publication, the initial patent holder commits not to hold up follow-on inventors, thus promoting sequential innovation and generating lucrative licensing fees. Counterintuitively, in cumulative innovation settings, less protection benefits the patentee. This finding may serve as a counter-force to the much-lamented "anti-commons" problem. More generally, our theory demonstrates that the divergence …
Consumers & Creative Destruction: Fair Use Beyond Market Failure, Raymond Shih Ray Ku
Consumers & Creative Destruction: Fair Use Beyond Market Failure, Raymond Shih Ray Ku
Faculty Publications
For almost twenty years, the concept of market failure has defined the boundaries of fair use under copyright law. In this article Professor Ku challenges this interpretation of fair use by offering an alternative economic interpretation of the doctrine. This Article argues fair use is justified when consumer copying creatively destroys the need for copy- right's exclusive rights in reproduction and distribution. This occurs when: 1) the consumer of a work makes copies of it, and 2) creation of the work does not depend upon funding derived from the sale of copies. Under these circumstances, exclusive rights in reproduction and …
Introduction: The Law, Technology & The Arts Symposium: Copyright In The Digital Age: Reflection On Tasini And Beyond, Craig Allen Nard
Introduction: The Law, Technology & The Arts Symposium: Copyright In The Digital Age: Reflection On Tasini And Beyond, Craig Allen Nard
Faculty Publications
Introduction tp The Law, Technology & The Arts Symposium: Copyright in the Digital Age: Reflection on Tasini and Beyond, Cleveland, Ohio.
Qui Détient Les Droits D'Auteur Sur Les Diverses Productions Des Professeurs D'Université?, René Pépin
Qui Détient Les Droits D'Auteur Sur Les Diverses Productions Des Professeurs D'Université?, René Pépin
Canadian Journal of Law and Technology
L’utilisation des nouvelles technologies de l’information et de la communication (NTIC) peut prendre un grand nombre de formes. On peut donner l’exemple, déjà appliqué à certains endroits, où le professeur, en plus de dispenser son enseignement dans un local de cours, place le contenu intégral de son cours sur un serveur de la faculté ou de l’université, avec un genre de babillard électronique dans lequel les étudiants peuvent lui poser des questions, lire ses réponses, ou discuter entre eux de différents sujets. Les étudiants peuvent aussi le contacter par téléphone ou par courriel. La technologie facilite également l’enregistrement des cours …
The Internet Direct Public Offering: Establishing Trust In A Disintermediated Capital Market, Jason Trainor
The Internet Direct Public Offering: Establishing Trust In A Disintermediated Capital Market, Jason Trainor
Canadian Journal of Law and Technology
Whereas the process of financial intermediation was once human capital and relationship intensive, it is now heavily influenced by technological innovation and consumer demand, factors which have tended to disrupt the monopoly power of financial intermediaries. Technological innovation alone, however, is not sufficient to replace the institutions and actors that previously dominated the market for public offerings; rather, the concept of disintermediation by definition creates a vacuum that must be filled. Law firms and other intermediaries can create additional value for their clients by assuming some or all of the tasks currently apportioned to investment bankers in the public offering …
Network Neutrality, Broadband Discrimination, Tim Wu
Network Neutrality, Broadband Discrimination, Tim Wu
Faculty Scholarship
Communications regulators over the next decade will spend increasing time on conflicts between the private interests of broadband providers and the public's interest in a competitive innovation environment centered on the Internet. As the policy questions this conflict raises are basic to communications policy, they are likely to reappear in many different forms. So far, the first major appearance has come in the "open access" (or "multiple access") debate, over the desirability of allowing vertical integration between Internet Service Providers and cable operators. Proponents of open access see it as a structural remedy to guard against an erosion of the …
Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley
Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley
Articles by Maurer Faculty
No abstract provided.
Drm And Privacy, Julie E. Cohen
Drm And Privacy, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Interrogating the relationship between copyright enforcement and privacy raises deeper questions about the nature of privacy and what counts, or ought to count, as privacy invasion in the age of networked digital technologies. This Article begins, in Part II, by identifying the privacy interests that individuals enjoy in their intellectual activities and exploring the different ways in which certain implementations of DRM technologies may threaten those interests. Part III considers the appropriate scope of legal protection for privacy in the context of DRM, and argues that both the common law of privacy and an expanded conception of consumer protection law …
Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman
Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
This article presents a piece of a larger, ongoing project on the phenomenon of market-driven manufacturing (MDM) and how tort law should address it. In contrast to the larger project, this article provides a relatively brief overview of the general phenomenon of MDM, but zeros in on how pharmaceutical manufacturers specifically practice MDM. MDM is a well-documented, much practiced activity, although American courts do not recognize MDM as a discrete category of conduct. The basic idea of MDM is that marketing considerations should continuously control every aspect and stage of a product's lifecycle. When a company engages in MDM, it …
Eldred And Lochner: Copyright Term Extension And Intellectual Property As Constitutional Property, Paul M. Schwartz, William Michael Treanor
Eldred And Lochner: Copyright Term Extension And Intellectual Property As Constitutional Property, Paul M. Schwartz, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Since the ratification of the constitution, intellectual property law in the United States has always been, in part, constitutional law. Among the enumerated powers that Article I of the Constitution vests in Congress is the power to create certain intellectual property rights. To a remarkable extent, scholars who have examined the Constitution's Copyright Clause have reached a common position. With striking unanimity, these scholars have called for aggressive judicial review of the constitutionality of congressional legislation in this area. The champions of this position--we refer to them as the IP Restrictors--represent a remarkable array of constitutional and intellectual property scholars. …
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
Fordham Urban Law Journal
This Note argues that 17 U.S.C. § 120, Digital Millennium Copyright Act, is not only necessary to ensure that copyright law is able to progress and advance in the digital revolution, but more importantly, that the protection of copyrighted works will benefit the public in ways the analog world cannot. It also argues that legal commentators' fears about § 1201 are misplaced.
Anticompetitive Settlement Of Intellectual Property Disputes, Herbert J. Hovenkamp, Mark D. Janis, Mark A. Lemley
Anticompetitive Settlement Of Intellectual Property Disputes, Herbert J. Hovenkamp, Mark D. Janis, Mark A. Lemley
All Faculty Scholarship
The overwhelming majority of intellectual property lawsuits settle before trial. These settlements involve agreements between the patentee and the accused infringer, parties who are often competitors before the lawsuit. Because these competitors may agree to stop competing, to regulate the price each charges, and to exchange information about products and prices, settlements of intellectual property disputes naturally raise antitrust concerns. In this paper, we suggest a way to reconcile the interests of intellectual property law and antitrust law in evaluating intellectual property settlements. In Part I, we provide background on the issue. Part II argues that in most cases courts …
Reaching Through The Genome, Rebecca S. Eisenberg
Reaching Through The Genome, Rebecca S. Eisenberg
Book Chapters
The past two decades have been a period of rapid evolution in the science of biotechnology and therefore in patent strategies, if not in patent law itself. Patent law takes a long time to catch up with science, and commentators take a long time to catch up with the law, but patent lawyers don’t have that luxury. They have to keep ahead of the game, figuring out claiming strategies that allow their clients to capture the value of future discoveries. I want to discuss some of these strategies today.
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España
Fordham Urban Law Journal
This Note argues that 17 U.S.C. § 120, Digital Millennium Copyright Act, is not only necessary to ensure that copyright law is able to progress and advance in the digital revolution, but more importantly, that the protection of copyrighted works will benefit the public in ways the analog world cannot. It also argues that legal commentators' fears about § 1201 are misplaced.
Publishing Privacy: Intellectual Property, Self-Expression, And The Victorian Novel, Jessica Bulman-Pozen
Publishing Privacy: Intellectual Property, Self-Expression, And The Victorian Novel, Jessica Bulman-Pozen
Faculty Scholarship
The relationship between privacy and intellectual property has resurfaced with a twist at the turn of the twenty-first century. If Victorian authors regarded intellectual property as private, contemporary proposals instead urge us to regard private information as property. In response to technological developments that have facilitated unprecedented invasions of individuals’ privacy, some scholars have advocated legally classifying private information as a form of property. These scholars insist that the best way to respond to privacy violations, particularly corporate commodification of personal data, is to invest people with property rights that would furnish control over their personal information. Insofar as intellectual …
Patent Thickets: Strategic Patenting Of Complex Technologies, James Bessen
Patent Thickets: Strategic Patenting Of Complex Technologies, James Bessen
Faculty Scholarship
Patent race models assume that an innovator wins the only patent covering a product. But when technologies are complex, this property right is defective: ownership of a product's technology is shared, not exclusive. In that case I show that if patent standards are low, firms build "thickets" of patents, especially incumbent firms in mature industries. When they assert these patents, innovators are forced to share rents under cross-licenses, making R&D incentives sub-optimal. On the other hand, when lead time advantages are significant and patent standards are high, firms pursue strategies of "mutual non-aggression." Then R&D incentives are stronger, even optimal.
Excuse And Justification In The Law Of Fair Use: Transaction Costs Have Always Been Only Part Of The Story, Wendy J. Gordon
Excuse And Justification In The Law Of Fair Use: Transaction Costs Have Always Been Only Part Of The Story, Wendy J. Gordon
Faculty Scholarship
In American copyright law, the doctrine of "fair use" has long been problematic. Every plausible litmus test that might simplify the "fair use" inquiry has proven inadequate, and copyright commentators have long sought an algorithm or heuristic to lend predictability and conceptual coherence to the doctrine. Twenty years ago, I published in this Journal an article entitled Fair Use as Market Failure, which suggested that the key to understanding the protean terms of "fair use" could best be found in the notion of market failure. That 1982 article has been often misapplied, by both courts and commentators. I am …
A Brief History Of Author-Publisher Relations And The Outlook For The 21st Century, Maureen A. O'Rourke
A Brief History Of Author-Publisher Relations And The Outlook For The 21st Century, Maureen A. O'Rourke
Faculty Scholarship
The Fiftieth Anniversary Edition of the Journal of the Copyright Society of the U.S.A. provides a particularly appropriate forum in which to discuss the current state of the copyright system. By some accounts, U.S. copyright law has been fabulously successful, encouraging the growth of industries whose copyrighted products both enrich American culture and contribute significant value to the economy.
An Incentives Approach To Patent Settlements: A Commentary On Hovenkamp, Janis & Lemley, Maureen A. O'Rourke
An Incentives Approach To Patent Settlements: A Commentary On Hovenkamp, Janis & Lemley, Maureen A. O'Rourke
Faculty Scholarship
Professors Hovenkamp, Janis, and Lemley have attempted to clarify one of the most vexing issues facing antitrust and intellectual property law today: What analytical framework should antitrust authorities and courts use in considering whether patent settlement agreements in infringement cases violate the antitrust laws? The issue is complex because many ostensibly anticompetitive restraints in settlement agreements are perfectly legal if the underlying patent right is valid. Unfortunately, in some cases, the relevant patents are either invalid or not infringed. Thus, the antitrust analysis hinges on resolution of an intellectual property question.
Introduction: Global Intellectual Property Rights: Boundaries Of Access And Enforcement, William Michael Treanor
Introduction: Global Intellectual Property Rights: Boundaries Of Access And Enforcement, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Introduction to the Global Intellectual Property Rights: Boundaries of Access and Enforcement Symposium.
The Intellectual Property, Media & Entertainment Law Journal put together a symposium that focused on three issues in intellectual property: patents, The End of Equivalents? Examining the Fallout from Festo; Eldred, a case argued before the Supreme Court; and the relationship between the First Amendment and Internet filters.