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Articles 301 - 322 of 322
Full-Text Articles in Law
The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu
The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu
Faculty Scholarship
In the recent World Men's Basketball Championships in Indianapolis, Team USA found out painfully that the international game is very different from what they play at home and that the gap between USA Basketball and the rest of the world has been closing. While their losses might have a significant impact on how the United States prepares for the 2004 Olympics in Athens and on how Americans train youngsters to play basketball, their teachings go beyond basketball.
The international harmonization process is a game with different rules, different officials, and players with different visions and mindsets. By watching how players …
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 …
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.
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 Proposed New Technology Transfer Block Exemption: Is Europe Really Better Off Than With The Current Regulation?, Maurits Dolmans, Anu Bradford
The Proposed New Technology Transfer Block Exemption: Is Europe Really Better Off Than With The Current Regulation?, Maurits Dolmans, Anu Bradford
Faculty Scholarship
This article discusses the legal and economic foundations, as well as the practical implications of the Commission's proposal for a new technology transfer block exemption regulation ("TTBER'') and associated Guidelines.
The article concludes that the new TTBER brings desirable flexibility to the assessment of the competitive effects of technology licensing agreements by abolishing the current division of the clauses into four categories of exempted, white, black and grey clauses. The Commission's proposal is also praised for extending the scope of the Regulation to software copyright licences and for exempting some efficiency-enhancing restrictions that currently fall outside of the TTBER. The …
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 …
Achieving Balance In International Copyright Law, Jane C. Ginsburg
Achieving Balance In International Copyright Law, Jane C. Ginsburg
Faculty Scholarship
In 1996, the World Intellectual Property Organization (WIPO) adopted two related treaties, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty (the WIPO Treaties). Though now often referred to as the "WIPO Internet Treaties," the agreements emerged after five years of preparation, only the last two of which focused on a "digital agenda." These treaties, following on the 1994 World Trade Organization TRIPs Accord, have substantially expanded, and somewhat harmonized, the role of international copyright and neighboring rights norms in the international exchange of works of authorship and related productions. When enactment of the WIPO Treaties with their …
The New Technology Transfer Block Exemption: Will The New Block Exemption Balance The Goals Of Innovation And Competition?, Maurits Dolmans, Anu Bradford
The New Technology Transfer Block Exemption: Will The New Block Exemption Balance The Goals Of Innovation And Competition?, Maurits Dolmans, Anu Bradford
Faculty Scholarship
Licensors and licensees have long enjoyed the benefit of block exemption regulations for technology licensing. Block exemption regulations were adopted in the mid-80s for patent licensing and know-how licenses. These were combined and replaced in 1996 by a unified Technology Transfer Block Exemption Regulation (TTBE). This block exemption is currently under review.
DG Competition is writing a draft for a new T'BE. It is expected to be ready for review by the member states in September, and to be published for comments in October. The Commission hopes to have the new block exemption adopted and published in the first quarter …
The Concept Of Authorship In Comparative Copyright Law, Jane C. Ginsburg
The Concept Of Authorship In Comparative Copyright Law, Jane C. Ginsburg
Faculty Scholarship
In contemporary debates over copyright, the figure of the author is too-often absent. As a result, these discussions tend to lose sight of copyright's role in fostering creativity. I believe that refocussing discussion on authors – the constitutional subjects of copyright – should restore a proper perspective on copyright law, as a system designed to advance the public goal of expanding knowledge, by means of stimulating the efforts and imaginations of private creative actors. Copyright cannot be understood merely as a grudgingly tolerated way station on the road to the public domain. Nor does a view of copyright as a …
When Code Isn't Law, Tim Wu
When Code Isn't Law, Tim Wu
Faculty Scholarship
When the Supreme Court upheld extended copyright terms in Eldred v. Ascroft, many Internet activists called for renewed political action in the form of appeals to Congress or even a campaign to amend the Constitution. But others suggested a very different course: They argued that it would be wiser to forgo institutions controlled by the powers of the past, and to return instead to the keyboard to write the next generation of "lawbusting" code. In the words of one observer, "tech people are probably better off spending their energy writing code than being part of the political process" because …
The Dmca And The Regulation Of Scientific Research, Joseph Liu
The Dmca And The Regulation Of Scientific Research, Joseph Liu
Joseph P. Liu
This Article analyzes the impact of the Digital Millennium Copyright Act (DMCA) on academic encryption research. In this Article, I argue that for both legal and practical reasons academic encryption researchers should be able to conduct and publish certain types of research without significant fear of liability under the DMCA. However, the DMCA will have a non-trivial impact on the conditions under which such research takes place, and this impact can be expected to have several undesirable effects. More broadly, this impact highlights the problematic way in which the DMCA regulates scientific research in furtherance of intellectual property rights. The …
How Copyright Changed Hip-Hop, Kembrew Mcleod
Copyright And Censorship On The Information Stupor-Highway, Kembrew Mcleod
Copyright And Censorship On The Information Stupor-Highway, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
The Public's Domain: The Evolution Of Legal Restraints On The Government's Power To Control Public Access Through Secrecy Or Intellectual Property, Edward Lee
Edward Lee
No abstract provided.
Jurisdiction And Applicable Law: A Swedish Perspective On Cross-Border Enforcement Of Intellectual Property Rights, Ulf Maunsbach, Lydia Lundstedt
Jurisdiction And Applicable Law: A Swedish Perspective On Cross-Border Enforcement Of Intellectual Property Rights, Ulf Maunsbach, Lydia Lundstedt
Ulf Maunsbach
No abstract provided.
Illegal Art, Pranks And Freedom Of Expression, Kembrew Mcleod
Illegal Art, Pranks And Freedom Of Expression, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
The Ontology Of Copyright Infringement: Puzzles, Parts, And Pieces, Scott Devito
The Ontology Of Copyright Infringement: Puzzles, Parts, And Pieces, Scott Devito
Scott DeVito
Intellectual Property Law In India, Sonia Baldia
Open Source And Copyleft: Authorship Reconsidered ?, Severine Dusollier
Open Source And Copyleft: Authorship Reconsidered ?, Severine Dusollier
Severine Dusollier
No abstract provided.
Software Livre: A Nova Onda, Ivo T. Gico, Renata Streit
Software Livre: A Nova Onda, Ivo T. Gico, Renata Streit
Ivo Teixeira Gico Jr.
O presente artigo visa a analisar a viabilidade econômico-jurídica de empreendimentos embasados na adoção de sistemas de software livre, bem como a redução de gastos potencial que a Administração Pública terá se adotá-los em todas as suas esferas.
This paper's objective is to examine economic and legal viability of free software systems adopted enterprises, as well as the potential Government budget reduction if it fully adopts free software.
Ip Protection And Licensing In India, Sonia Baldia
Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan
Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.