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Full-Text Articles in Law
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
Michigan Journal of International Law
The intellectual property landscape is changing. As Jerry Reichman once observed, intellectual property rights were islands in a sea of the public domain until domestic laws expanded to include such “innovations” as business methods, software, scents, and sounds and turned the public domain into a pond surrounded by a continent of rights. Reichman spoke towards the end of the 20th century, and whatever problems accompanied this change, in truth (to paraphrase Voltaire’s view of the Holy Roman Empire), the concept of “intellectual property rights” was predominantly about neither “property” nor “rights” (nor was it always “intellectual”). Rather, copyright, patent, and …
Toward A Trips Truce, Patricia L. Judd
Toward A Trips Truce, Patricia L. Judd
Michigan Journal of International Law
The World Trade Organization's (WTO's) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS or Agreement), now over fifteen years old, regulates a marketplace characterized by extraordinary dynamism, influenced by the constant forces of globalization and technological evolution. Attempts to regulate this market raise natural, persistent questions concerning the Agreement's ability to serve its respective constituencies and adapt to change. The Agreement operates in the midst of an age-old dynamic pitting developing and developed countries against one another, especially when it comes to domestic enforcement against piracy and counterfeiting-a dynamic in which TRIPS has been criticized as a one-sided instrument. …
Choosing Law In Cyberspace: Copyright Conflicts On Global Networks, Andreas P. Reindl
Choosing Law In Cyberspace: Copyright Conflicts On Global Networks, Andreas P. Reindl
Michigan Journal of International Law
This article contends that in the digital era, the current system of national, territorially limited copyright laws requires a flexible copyright choice of law regime. To promote certainty and predictability in the choosing of the copyright law applicable to acts of exploitation, choice of law rules should use the location of a user as the principal factor to determine the applicable copyright law. In appropriate circumstances, the choice of law rules should allow the application of a multitude of national copyright laws to single acts of use on digital networks. This article also argues that a broad application of flexible …
U.S.-Thailand Trade Disputes: Applying Section 301 To Cigarettes And Itellectual Property, Ted L. Mcdorman
U.S.-Thailand Trade Disputes: Applying Section 301 To Cigarettes And Itellectual Property, Ted L. Mcdorman
Michigan Journal of International Law
Irrespective of the close economic and strategic relationship between Thailand and the United States, the United States has utilized Section 301 (and Special 301), and the consequent threat of trade retaliation, in its relations with the Land of Smiles. The purpose of this article is to examine the operation of Section 301 and Special 301 regarding trade in cigarettes and intellectual property.
The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala
The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala
Michigan Journal of International Law
This article examines these problems in the light of the program language, rule, and algorithm limitations on program protection under the Japanese Copyright Act. Section II sets forth the relevant statutory language, and Sections III and IV apply the program language and rule limitations to operating systems software and microcode. Section V considers the scope of protection under Japanese law in applications programs under the algorithm limitation on program protection. Finally, Section VI takes up the problem of whether copying for purposes of reverse engineering can be justified under the Act.
Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi
Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi
Michigan Journal of International Law
This article discusses and evaluates the legislative and judicial developments after the enactment of the Copyright Law which apply to computer programs and other computer-related technology. It examines: (1) the 1985 amendment to the Copyright Law enacted to protect computer programs, including the history of discussions by government agencies and judicial determinations that led to the amendment; (2) the 1986 Program Registration Law which supplements the existing provisions of the Copyright Law concerning registration; (3) the protection of databases under a new amendment to the Copyright Law; (4) the regulation of software rental business by the establishment of a public …
Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan
Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan
Michigan Journal of International Law
This article will review the legal environment and major issues concerning software protection in the Republic of Korea, and will describe the existing applicable laws and regulations and the trend towards software protection in the region. In addition, the implications of Korea's pending accession to the Universal Copyright Convention will be analyzed. Finally, this article will conclude with a discussion of the current reforms and their implications for Korean international trade law.
Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp
Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp
Michigan Journal of International Law
Technical progress is one of the most important elements of social development which necessarily causes change in the law. In the past few decades computer technology has become very important. As a component of technical progress, computer technology has given rise to new social relations which require legal regulation. Such regulation, however, is not provided adequately by existing legal rules in the contemporary Czechoslovak legal system.