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Full-Text Articles in Law
International Intellectual Property Law And The Public Domain Of Science (With R. Dreyfuss), Graeme B. Dinwoodie
International Intellectual Property Law And The Public Domain Of Science (With R. Dreyfuss), Graeme B. Dinwoodie
Graeme B. Dinwoodie
The TRIPS Agreement can be read to reflect a static view of the structure of intellectual property law. In this paper, we address wither - and how - the TRIPS Agreement can, on the other hand, be read with more fluidity, and thus to allow adjustments in national intellectual property regimes designed to reflect the the dynamic nature of information production. To focus that inquiry, we concentrate on efforts to ensure a broader public domain for 'upstream' inventions by modifying various elements of US patent law. The paper considers three stylized examples and asks whether each approach could be adopted …
The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture On Intellectual Property Law: The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture On Intellectual Property Law: The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.
Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie
Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie
Graeme B. Dinwoodie
International copyright law must be based on an assessment of what types and levels of protection best further the purposes of copyright law. But constructing the international copyright regime is difficult as the international system must wrestle with copyright dilemmas that exist at the national level as well as broader challenges facing international law. This paper delineates the connection between international copyright law and the generation and distribution of knowledge by discussing two recent examples of (possible) unconventional international copyright rulemaking, namely, norms generated by Internet Service Providers in responding to infringement claims, and norms arising out of digital rights …
Trips And The Dynamics Of Intellectual Property Lawmaking (With R. Dreyfuss), Graeme B. Dinwoodie
Trips And The Dynamics Of Intellectual Property Lawmaking (With R. Dreyfuss), Graeme B. Dinwoodie
Graeme B. Dinwoodie
In prior work, we took up the question of the TRIPs Agreement's resilience to changes in domestic law. We argued that such resilience is necessary because information production is a dynamic enterprise. As new industries emerge and mature, nations must have the flexibility to modify their intellectual property rules to readjust the balance between public and private rights. In the course of that study, we examined approaches to TRIPs dispute resolution that could cabin the choices of legislation available to deal with emergent substantive problems, and which could distort the legal environment in which creative enterprises are conducted. In this …
Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie
Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie
Graeme B. Dinwoodie
International copyright law must be based on an assessment of what types and levels of protection best further the purposes of copyright law. But constructing the international copyright regime is difficult as the international system must wrestle with copyright dilemmas that exist at the national level as well as broader challenges facing international law. This paper delineates the connection between international copyright law and the generation and distribution of knowledge by discussing two recent examples of (possible) unconventional international copyright rulemaking, namely, norms generated by Internet Service Providers in responding to infringement claims, and norms arising out of digital rights …