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Full-Text Articles in Law
Overcoming The Impasse On Intellectual Property And Climate Change At The Unfccc: A Way Forward, Jerome H. Reichman, Ahmed Abdel Latif, Keith Maskus, Ruth Okediji, Pedro Roffe
Overcoming The Impasse On Intellectual Property And Climate Change At The Unfccc: A Way Forward, Jerome H. Reichman, Ahmed Abdel Latif, Keith Maskus, Ruth Okediji, Pedro Roffe
Faculty Scholarship
The global spotlight is once again focused on the challenges of climate change with the annual United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties kicking off this week (November 28th–December 7th) in Durban, South Africa. With the international community looking to Durban for results, an important opportunity exists to address one of the most contentious – and misunderstood – issues in the climate change debate: the role of intellectual property rights in the production of and access to mitigation and adaptation technologies. The rapid development and diffusion of these technologies is a key component of the …
How Trade Secrecy Law Generates A Natural Semicommons Of Innovative Know-How, Jerome H. Reichman
How Trade Secrecy Law Generates A Natural Semicommons Of Innovative Know-How, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Golan V. Holder: Copyright In The Image Of The First Amendment, David L. Lange, Risa J. Weaver, Shiveh Roxana Reed
Golan V. Holder: Copyright In The Image Of The First Amendment, David L. Lange, Risa J. Weaver, Shiveh Roxana Reed
Faculty Scholarship
Does copyright violate the First Amendment? Professor Melville Nimmer asked this question forty years ago, and then answered it by concluding that copyright itself is affirmatively speech protective. Despite ample reason to doubt Nimmer’s response, the Supreme Court has avoided an independent, thoughtful, plenary review of the question. Copyright has come to enjoy an all-but-categorical immunity to First Amendment constraints. Now, however, the Court faces a new challenge to its back-of-the-hand treatment of this vital conflict. In Golan v. Holder the Tenth Circuit considered legislation (enacted pursuant to the Berne Convention and TRIPS) “restoring” copyright protection to millions of foreign …
The Surprising Benefits To Developing Countries Of Linking International Trade And Intellectual Property, Rachel Brewster
The Surprising Benefits To Developing Countries Of Linking International Trade And Intellectual Property, Rachel Brewster
Faculty Scholarship
The World Trade Organization's Trade Related Intellectual Property (TRIPS) Agreement is controversial, requiring WTO members to establish a host of domestic institutions to support intellectual property rights, including substantive laws creating rights and a host of enforcement procedures. Trade scholars and development advocates frequently criticize the agreement as economically harmful to developing countries. This Article does not argue that the TRIPS Agreement is beneficial for developing states, but highlights how the agreement has produced some surprising benefits over the last decade and a half. First, the TRIPS Agreement's requirement that developing states make the domestic enforcement of intellectual property rules …