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Articles 1021 - 1050 of 1969
Full-Text Articles in Law
Managing The Intellectual Property Sprawl, Shubha Ghosh
Managing The Intellectual Property Sprawl, Shubha Ghosh
San Diego Law Review
Professor Merges, despite the centrality of creative persons to his argument, organizes a set of ideas that are conducive to refocusing intellectual property law on users. I present this user-focused argument in this Article through the following five Parts. Part II explains my suggested approach to questions about the design of intellectual property law—an approach based on the new institutional economics and the work of Ronald Coase. Part II also addresses objections to this approach. Part III identifies the user in Professor Merges’s high-level principles grounded in Locke, Kant, and Rawls. Part IV follows this argument with a closer examination …
Traditional Knowledge, Cultural Expression, And The Siren’S Call Of Property, Justin Hughes
Traditional Knowledge, Cultural Expression, And The Siren’S Call Of Property, Justin Hughes
San Diego Law Review
Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.
On Cowbells In Rock Anthems (And Property In Ip): A Review Of Justifying Intellectual Property, Eric R. Claeys
On Cowbells In Rock Anthems (And Property In Ip): A Review Of Justifying Intellectual Property, Eric R. Claeys
San Diego Law Review
I am going to start this Article with two confessions. First, when I was fourteen, my favorite rock song was (Don’t Fear) The Reaper, by Blue Oyster Cult. Second, one of my favorite Saturday Night Live (SNL) sketches is from the 2000 season, “Behind the Music: Blue Oyster Cult.” The sketch is a tribute in memory of Gene Frenkle, the member of Blue Oyster Cult who played the cowbell on (Don’t Fear) The Reaper. The SNL sketch purports to explain how the cowbell made it onto the studio recording. In the sketch, members of the regular SNL cast pretend to …
A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore
A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore
San Diego Law Review
The primary, and perhaps sole, function of government according to Locke was to secure and protect the lives, liberties, and property of individuals who consented, explicitly or tacitly, to a specific political union. The question that I will address in this Article, and one that I took up over fifteen years ago, is: should we consider intellectual works to be the proper subjects of Lockean property claims? My answer then and now is “yes,” with the acknowledgement that such a view may require substantial revisions to Anglo-American systems of intellectual property. I will argue that intellectual property rights are no …
Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma
Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma
San Diego Law Review
This Article attempts to provide the beginnings of a viable moral justification for recognizing and providing legal protection of intellectual property. The argument follows a line of arguments that is fairly characterized as “inspired” by John Locke’s attempt to justify legal protection of what he took to be a natural, objective, moral right to material property. That is to say, it is Lockean in spirit in the following sense: Locke grounds his argument for original acquisition in the idea that a person is justified in acquiring something from the commons in virtue of an investment he makes of something that …
The Need And Justification For A General Competition-Oriented Compulsory Licensing Regime, Kung-Chung Liu
The Need And Justification For A General Competition-Oriented Compulsory Licensing Regime, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
There seems to be little or no discussion about the need of and justification for a general compulsory licensing that could be applicable to all IP laws. This author has previously argued, by referencing to competition law, in 2008 that it is paramount for the WTO to revise the TRIPS Agreement, so as to include substantive grounds for granting compulsory patent licenses. In so doing, the preservation of competition should be factored in as one of the public policy objectives. As a follow-up study this paper takes an IP-internal approach (therefore will only consult competition law in a very limited …
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush
The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush
Intellectual Property Brief
No abstract provided.
Rethinking Rand: Sdo-Based Approaches To Patent Licensing Commitments, Jorge Contreras
Rethinking Rand: Sdo-Based Approaches To Patent Licensing Commitments, Jorge Contreras
Working Papers
So-called “reasonable and nondiscriminatory” (RAND) licensing commitments have been utilized by standards-development organizations (SDOs) for years in an attempt to alleviate the risk of patent hold-up in standard-setting. These commitments, however, have proven to be vague and offer few assurances to product vendors or patent holders. A recent surge of international litigation concerning RAND commitments has brought this issue to the attention of regulators, industry and the public, and many agree that a better approach is needed. In this paper, I identify seven “first principles” that underlie the licensing and enforcement of standards-essential patents (SEP)s. These can be summarized as …
Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos
Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos
Intellectual Property Brief
No abstract provided.
Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life, Robert Ellis
Intellectual Property Brief
No abstract provided.
Is The Jewish Tradition Intellectual Property?, Roberta Kwall
Is The Jewish Tradition Intellectual Property?, Roberta Kwall
College of Law Faculty
Whether works of authorship should be protected from unauthorized changes and, if so, in what manner, are questions of endless fascination to intellectual property scholars. Jewish law is not typically considered a “work of authorship” although in many ways it can be so viewed. This article is concerned with exploring the Jewish tradition as intellectual or cultural property. It focuses on the human dimension of creativity embodied in the Jewish tradition, and how that dimension is manifested in the rabbinic interpretation of Jewish law. The resulting tradition — as it is embodied in both the Jewish texts and lived by …
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Indiana Law Journal
It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
IP Theory
No abstract provided.
Patent Infringement In The Context Of Follow-On Biologics, Janet Freilich
Patent Infringement In The Context Of Follow-On Biologics, Janet Freilich
Faculty Scholarship
This Article fills a gap in the literature by conducting a comprehensive analysis of patent infringement in the context of follow-on biologics. Patent infringement is an important topic because, like small molecule generic drugs, follow-on biologics are likely to begin their life facing infringement suits. Because it is tremendously expensive to develop a follow-on biologic, it is vital that there be consistency in how they are treated in the courts once the inevitable patent infringement suits arrive. If follow-on biologics companies cannot predict how their product will be received in court, they may decide it is not worth the risk …
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Dalhousie Law Journal
African states have, since the colonial encounter, been part of the international regimes on intellectual property rights. Formal accession to various treaties and conventions on intellectual property rights instruments should not be mistaken for actual internalization of the policies, structures and norms required for reaping the promised benefits of participation in such regimes. There is ample evidence showing that most African states do not have the requisite structures for fruitful engagement with international intellectual property rights regimes. Until this anomaly is rectified, African states' engagement with international intellectual property regimes will remain structurally flawed and inimical to the human development …
Cross-Border Ip Infringement: Patents, Marketa Trimble
Cross-Border Ip Infringement: Patents, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the CASRIP 20th Anniversary / IP LLM 10th Anniversary IP-across Topic Scholarship Conference on July 28, 2012.
Genes 101: Are Human Genes Patentable Subject Matter?, Andrew Bowman
Genes 101: Are Human Genes Patentable Subject Matter?, Andrew Bowman
Law Student Publications
This comment proposes a totality-of-the-circumstances approach to analyzing biological molecules under § 101 such that both the structure and its information is examined. Part II of this note reviews relevant precedent in patent law. Part III analyzes the Federal Circuit's Myriad decision, and Part IV explains the potential effects of the recent Supreme Court decision Mayo Collaborative Services v. Prometheus Laboratories. Finally, in Part V, the patent eligibility of human genes is examined. Analyzing this issue under the proposed totality-of-the-circumstances approach, this article concludes that isolated human genes are not patentable.
Taking Nature Back: Why Tax Strategy Law Is Relevant To Gene Patents, Amy E. Sestric
Taking Nature Back: Why Tax Strategy Law Is Relevant To Gene Patents, Amy E. Sestric
Missouri Law Review
On July 29, 2011, the United States Court of Appeals for the Federal Circuit upheld the validity of several controversial patents in Association for Molecular Pathology v. United States Patent and Trademark Office.' The patents, exclusively assigned to Myriad Genetics, Inc. (Myriad), claim two human genes fundamental to understanding, researching, and diagnosing common strains of familial breast and ovarian cancers. Patients expressed concern that Myriad's exclusivity over the two genes made diagnosis excessively expensive and precluded the availability of independent second opinion testing. Although the Supreme Court of the United States vacated and remanded the Federal Circuit's decision, the Federal …
Public Health Regulation: The Impact Of Intersections Between Trade & Investment Treaties In Asia, Locknie Hsu
Public Health Regulation: The Impact Of Intersections Between Trade & Investment Treaties In Asia, Locknie Hsu
Research Collection Yong Pung How School Of Law
There has been an explosive growth of free trade agreements (FTAs) in recent years. The World Trade Report 2011 of the World Trade Organization (WTO) shows Asian members to be among the most active in signing preferential trade agreements. This unprecedented growth has attracted much academic and policy discussion on aspects such as their effects on trade liberalization, problems raised by specific trade and investment provisions, dispute settlement, and concerns over “regionalism”. Like such areas, public health regulation has been significantly affected by such treaties. FTAs, together with bilateral investment treaties (BITs), are rapidly forming a source of intersecting state …
Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation, John C. O'Quinn
Protecting Private Intellectual Property From Government Intrusion: Revisiting Smithkline And The Case For Just Compensation, John C. O'Quinn
Pepperdine Law Review
No abstract provided.
Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri
Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri
Law Student Publications
This comment argues that the best way to clarify the answer to the question "Who's the author?" (and thus to clarify whether the creator has a termination right) is to resolve the circuit split in favor of a bright-line rule requiring execution of the written agreement prior to the creation of the work. Part I introduces the legal framework under which the issue must be analyzed. Part II reviews the holdings on each side of the circuit split. Part III presents the arguments that both proper statutory construction of U.S. copyright law and the legislative history of the termination right, …
Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne
PhD Dissertations
The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what …
In Memoriam: Professor John F. Carroll, Iv, Dana D. Mcdaniel, Jim Gibson, Meredith J. Harbach, W. Wade Berryhill
In Memoriam: Professor John F. Carroll, Iv, Dana D. Mcdaniel, Jim Gibson, Meredith J. Harbach, W. Wade Berryhill
University of Richmond Law Review
No abstract provided.
Oh, The Places You'll Go: The Implications Of Current Patent Law On Embryonic Stem Cell Research, Stacy Kincaid
Oh, The Places You'll Go: The Implications Of Current Patent Law On Embryonic Stem Cell Research, Stacy Kincaid
Pepperdine Law Review
No abstract provided.
The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio
The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio
Intellectual Property Brief
No abstract provided.
Echoes From The Past: How The Federal Circuit Continues To Struggle With Patentable Subject Matter Post-Bilski, Jeff Thruston
Echoes From The Past: How The Federal Circuit Continues To Struggle With Patentable Subject Matter Post-Bilski, Jeff Thruston
Missouri Law Review
This Note will examine whether the cases comprising the eligible subject matter trio are inherently inconsistent. In looking at this issue, this Note will ask if Classen Immunotherapies can be reconciled with the patent eligibility trio, or if both the case and Judge Rader's concerns could have been dealt with more effectively by applying 35 U.S.C. § 101 as a last resort, and instead determining patent eligibility via 35 U.S.C. §§ 102, 103, and 112. It is fundamentally more difficult, expensive, and time consuming to ascertain which category of patentable subject matter a claimed invention falls into, or if the …
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
University of Miami International and Comparative Law Review
No abstract provided.
Costly Intellectual Property, David Fagundes, Jonathan S. Masur
Costly Intellectual Property, David Fagundes, Jonathan S. Masur
Vanderbilt Law Review
Patents and copyrights originate from the same constitutional source of law,1 and for this reason they are in some respects similar. Patent and copyright law alike extend to inventors and authors exclusive rights over the fruits of their intellectual labors, enabling owners to extract value from intangible goods that would otherwise not be profitable. Both systems are premised on a utilitarian bargain, allowing inventors and authors to have socially costly monopoly interests in their inventions and works in order to encourage socially beneficial innovative and artistic production. And patents and copyrights both last only for finite periods, in contrast to …
The Riaa V. The People: The Recording Industry's Misguided Attempt To Use The Legal System To Save Their Business Model, John A. Fedock
The Riaa V. The People: The Recording Industry's Misguided Attempt To Use The Legal System To Save Their Business Model, John A. Fedock
Pepperdine Law Review
No abstract provided.