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Articles 1 - 12 of 12

Full-Text Articles in Law

Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey Dec 2014

Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey

Faculty Scholarship

This chapter is based on data collected as part of a larger qualitative empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents and business partners. Broadly, the project involves the collecting and analysis of these interviews to understand how and why the interviewees create and innovate and to make sense of the intersection between intellectual property law and creative and innovative activity from the ground up. This chapter specifically investigates the concept of “progress” as discussed in the interviews. “Promoting progress” is the ostensible goal of the intellectual property protection in the United States, but what …


Is Ip Law Modernization Possible? Assessing Approaches In Acta, Sopa, And Bill C-11, Lauren Gray Farrar Nov 2014

Is Ip Law Modernization Possible? Assessing Approaches In Acta, Sopa, And Bill C-11, Lauren Gray Farrar

Georgia Journal of International & Comparative Law

No abstract provided.


Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans Sep 2014

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.


Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu Sep 2014

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu

Georgia Journal of International & Comparative Law

No abstract provided.


Estrategias De Protección De La Propiedad Intelectual En El Espacio Virtual, Rodolfo C. Rivas Rea, Serah Mutheu Mati Apr 2014

Estrategias De Protección De La Propiedad Intelectual En El Espacio Virtual, Rodolfo C. Rivas Rea, Serah Mutheu Mati

Rodolfo C. Rivas

The authors provide a brief rundown of strategies to protect a wide range of IP rights in cyberspace. The strategies tackle practical advice and suggest a series of progressive actions in order to ensure maximum protection with an efficient use of resources.//////////////////////////////// Los autores proporcionan un breve resumen de las estrategias para proteger una amplia gama de derechos de propiedad intelectual en el ciberespacio. Las estrategias abordan consejos prácticos y sugieren una serie de acciones en orden progresivo con la finalidad de garantizar la máxima protección manteniendo un uso eficiente de los recursos.


Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú Feb 2014

Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú

Vicenç Feliú

The orphan works issue has continued to grow in the U.S. despite strong efforts to find a workable solution. Stake holders on both sides of the issue have proposed and opposed solutions and compromises that could have alleviated the problem, and we are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To make that answer workable, a new legislative effort would have to take into account the questions raised by stakeholders to the previous legislative …


A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde Jan 2014

A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde

Richmond Journal of Global Law & Business

No abstract provided.


Trips-Plus Trade And Investment Agreements: Why More May Be Less For Economic Development, Christine Farley Jan 2014

Trips-Plus Trade And Investment Agreements: Why More May Be Less For Economic Development, Christine Farley

Articles in Law Reviews & Other Academic Journals

Conventional wisdom -- but not empirical research -- maintains that strong intellectual property (“IP”) rights trigger not only foreign direct investment, but also local innovation. Thus investors seek, and developing countries compete to offer, the highest levels of IP protections. But evaluating the level of IP protection in any given country has become increasingly complex. A proliferation of bilateral agreements, such as free trade agreements (“FTAs”) and bilateral investment treaties (“BITs”), intended to enhance the minimum standards set forth in The Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS”), have created uncertainty about precisely what IP protections are …


Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari Jan 2014

Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari

Richmond Journal of Global Law & Business

No abstract provided.


Territorial Exclusivity In U.S. Copyright And Trademark Law, Christine Haight Farley Jan 2014

Territorial Exclusivity In U.S. Copyright And Trademark Law, Christine Haight Farley

Contributions to Books

Currently, U.S. trademark and copyright law both adopt employ a regime of international exhaustion of rights with respect to parallel importation after the Supreme Court ruled in Kirtsaeng last term. This agreement belies the fact that these two areas of law have developed in nearly divergent directions and have resulted in faltering intellectual property and trade policies. Currently, interpretation of the first sale doctrine hinges on the particular legal characteristics of both trademarks and copyrights. When dealing with trademarks, courts ultimately focus on the source of origin, taking into account consumer expectations or, instead, focusing on the business relationship, if …


Territorial Exclusivity In U.S. Copyright And Trademark Law, Christine Farley Jan 2014

Territorial Exclusivity In U.S. Copyright And Trademark Law, Christine Farley

Articles in Law Reviews & Other Academic Journals

Currently, U.S. trademark and copyright law both adopt employ a regime of international exhaustion of rights with respect to parallel importation after the Supreme Court ruled in Kirtsaeng last term. This agreement belies the fact that these two areas of law have developed in nearly divergent directions and have resulted in faltering intellectual property and trade policies. Currently, interpretation of the first sale doctrine hinges on the particular legal characteristics of both trademarks and copyrights. When dealing with trademarks, courts ultimately focus on the source of origin, taking into account consumer expectations or, instead, focusing on the business relationship, if …


Machine Learning And Law, Harry Surden Jan 2014

Machine Learning And Law, Harry Surden

Publications

This Article explores the application of machine learning techniques within the practice of law. Broadly speaking “machine learning” refers to computer algorithms that have the ability to “learn” or improve in performance over time on some task. In general, machine learning algorithms are designed to detect patterns in data and then apply these patterns going forward to new data in order to automate particular tasks. Outside of law, machine learning techniques have been successfully applied to automate tasks that were once thought to necessitate human intelligence — for example language translation, fraud-detection, driving automobiles, facial recognition, and data-mining. If performing …