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Articles 2461 - 2490 of 15253
Full-Text Articles in Law
Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty
Voluntary Collective Licensing: The Solution To The Music Industry's File Sharing Crisis?, Meghan Dougherty
Journal of Intellectual Property Law
No abstract provided.
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Journal of Intellectual Property Law
The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …
Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser
Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser
Journal of Intellectual Property Law
No abstract provided.
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Journal of Intellectual Property Law
No abstract provided.
Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh
Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh
Journal of Intellectual Property Law
No abstract provided.
Machinima And Copyright Law, Matthew Brett Freedman
Machinima And Copyright Law, Matthew Brett Freedman
Journal of Intellectual Property Law
No abstract provided.
Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman
Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman
Journal of Intellectual Property Law
No abstract provided.
Who Owns Kim Basinger? The Right Of Publicity's Place In The Bankruptcy System, Jody C. Campbell
Who Owns Kim Basinger? The Right Of Publicity's Place In The Bankruptcy System, Jody C. Campbell
Journal of Intellectual Property Law
No abstract provided.
Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg
Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg
Journal of Intellectual Property Law
The monopoly theory of trademarks would antitrustize trademark law by incorporating antitrust legal precedent, economics, policies, reasoning, and terminology. The theory is comprised of six interrelated postulates contained in trademark law and scholarship. The postulates are (1) trademarks are monopolies; (2) trademark monopolies are like illegal antitrust monopolies because both harm competition; (3) trademark law is like antitrust law because both value competition; (4) trademark law is like antitrust law because both apply economic methodology to product markets; (5) an antitrust lens can help one understand trademarks and trademark law; and (6) an antitrust lens can help one decide whether …
The Hotchkiss Unobviousness Standard: Early Judicial Activism In The Patent Law, Edward C. Walterscheid
The Hotchkiss Unobviousness Standard: Early Judicial Activism In The Patent Law, Edward C. Walterscheid
Journal of Intellectual Property Law
No abstract provided.
Images Of Public Places: Extending The Copyright Exemption For Pictorial Representations Of Architectural Works To Other Copyrighted Works, Andrew Inesi
Journal of Intellectual Property Law
No abstract provided.
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
Journal of Intellectual Property Law
This Article has two goals. The first is to explain in some detail what copyright law might look like if it reflected economic reasoning. The second is to put to the test the question of whether copyright law is as far out of sync with economic guidelines as cases ranging from White-Smith Music to Eldred suggest. Although this introduction has stressed the economic irrationality of copyright law, could it actually be that within copyright decisions there is an implicit economic sensibility?
Deficiencies And Proposed Recommendations To The False Marking Statute: Controlling Use Of The Term 'Patent Pending', Bonnie Grant
Deficiencies And Proposed Recommendations To The False Marking Statute: Controlling Use Of The Term 'Patent Pending', Bonnie Grant
Journal of Intellectual Property Law
No abstract provided.
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Journal of Intellectual Property Law
No abstract provided.
The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley
The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley
Journal of Intellectual Property Law
No abstract provided.
There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb
There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb
Journal of Intellectual Property Law
No abstract provided.
International Trademark Prosecution Streamlined: The Madrid Protocol Comes Into Force In The United States, Jeffrey M. Samuels, Linda B. Samuels
International Trademark Prosecution Streamlined: The Madrid Protocol Comes Into Force In The United States, Jeffrey M. Samuels, Linda B. Samuels
Journal of Intellectual Property Law
No abstract provided.
Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance
Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance
Journal of Intellectual Property Law
No abstract provided.
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
Journal of Intellectual Property Law
This paper explores the workings of the patent system in the context of the generation of new pharmaceutical products. First it identifies the relevant characteristics of the patent system and its relation to the market. The paper concedes that, in general, the patent system is probably the best way of generating new technology, in substantial part because that system uses the market to provide both incentives and rewards. The paper also identifies downsides of this patent/market system: deadweight loss and the unresponsiveness of that patent/market system to the needs of the poor. The paper then explores the social costs and …
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
Journal of Intellectual Property Law
The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …
University Research-A New Defense Under The Patent Law, Judith L. Curry, Bruce E. O'Connor
University Research-A New Defense Under The Patent Law, Judith L. Curry, Bruce E. O'Connor
Journal of Intellectual Property Law
No abstract provided.
Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey
Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey
Journal of Intellectual Property Law
This paper addresses the Patent Office's misinterpretation of the Supreme Court's ruling in Dickinson v. Zurko regarding the applicability of the factual review standards of the Administrative Procedure Act (APA) to Patent Office findings. More particularly, in accordance with this misinterpretation, recent guidelines promulgated by the Patent Office violate the APA and controlling precedent.
To date, the proper procedures for prosecuting a patent application have been carefully honed through a myriad of statutes, rules, and controlling legal opinions. The resulting procedures are set forth in exemplary prose in the Manual of Patent Examining Procedure (MPEP) issued and revised periodically by …
Note: Canons Of Judicial Ethics - Extra Judicial Activities
Note: Canons Of Judicial Ethics - Extra Judicial Activities
The Catholic Lawyer
No abstract provided.
The Settlement Of Labor Disputes In Industries Affected With A National Interest, James J. Graham
The Settlement Of Labor Disputes In Industries Affected With A National Interest, James J. Graham
The Catholic Lawyer
No abstract provided.
Recent Decision: Conviction Under Discriminatory City Ordinance Held "State Action"
Recent Decision: Conviction Under Discriminatory City Ordinance Held "State Action"
The Catholic Lawyer
No abstract provided.
Recent Decision: State Anti-Discrimination Act Not A Burden On Interstate Commerce
Recent Decision: State Anti-Discrimination Act Not A Burden On Interstate Commerce
The Catholic Lawyer
No abstract provided.
Recent Decision: With All Deliberate Speed - A Changing Concept In Desegregation
Recent Decision: With All Deliberate Speed - A Changing Concept In Desegregation
The Catholic Lawyer
No abstract provided.
Note: New York's Civil Rights Legislation - A Pattern Of Progress
Note: New York's Civil Rights Legislation - A Pattern Of Progress
The Catholic Lawyer
No abstract provided.
Loyola University School Of Law, Owen G. Fiore
Loyola University School Of Law, Owen G. Fiore
The Catholic Lawyer
No abstract provided.
Parochial School Aid - A Changing Trend, Lawrence X. Cusack
Parochial School Aid - A Changing Trend, Lawrence X. Cusack
The Catholic Lawyer
No abstract provided.