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Articles 1261 - 1290 of 1969
Full-Text Articles in Law
Intellectual Liability, Daniel A. Crane
Intellectual Liability, Daniel A. Crane
Articles
Intellectual property is increasingly a misnomer since the right to exclude is the defining characteristic of property and incentives to engage in inventive and creative activity are increasingly being granted in the form of liability rights (which allow the holder of the right to collect a royalty from users) rather than property rights (which allow the holder of the right to exclude others from using the invention or creation). Much of this recent reorientation in the direction of liability rules arises from a concern over holdout or monopoly power in intellectual property. The debate over whether liability rules or property …
Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween
Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue
Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson
Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Scary Patents, Stephen Mcjohn
Scary Patents, Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin
Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur
The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann
Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Reexamination And Improving Patent Quality, Roger Shang
Reexamination And Improving Patent Quality, Roger Shang
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey
Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek
The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard
A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati
Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer
Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill
In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley
Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Innovation And Liability For Contributory Copyright Infringement, David Mcgowan
Innovation And Liability For Contributory Copyright Infringement, David Mcgowan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Beyond Bidil: The Expanding Embrace Of Race In Biomedical Research And Product Development, Jonathan Kahn
Beyond Bidil: The Expanding Embrace Of Race In Biomedical Research And Product Development, Jonathan Kahn
Faculty Scholarship
In 2005 the FDA approved BiDil, the first drug ever to include a race-specific indication on its label - to treat heart failure in a “black” patient. In the aftermath of this controversial approval and subsequent marketing of the drug, many have wondered whether BiDil was an anomaly or a harbinger of things to come. This article moves beyond BiDil to explore how similar yet distinct models are developing for the continuing exploitation of race in biomedical practice and product development. It will explore the tensions embedded in the persistent use of racial categories even as specific genetic variations linked …
International Legal Protection Of Trademarks In China, Robert H. Hu
International Legal Protection Of Trademarks In China, Robert H. Hu
Faculty Articles
This article addresses major trademark-related international regimes in which China participates. The article discusses the Chinese obligations under certain international treaties and agreements, both multilateral and bilateral, and use some Chinese court decisions to illustrate how these obligations are fulfilled in its judicial practice. Finally, the article provides an assessment of the effectiveness of these international regimes in China and offers observations on future development in protection through better enforcement. Three arguments are made: (1) International trademark law is taking roots in China; (2) China is taking its international obligations to protect trademarks seriously, and it has achieved much in …
Reproductive Freedom: Striking A Fair Balance Between Copyright And Other Intellectual Property Protections In Cartoon Characters, Laurie Richter
Reproductive Freedom: Striking A Fair Balance Between Copyright And Other Intellectual Property Protections In Cartoon Characters, Laurie Richter
St. Thomas Law Review
The purpose of this article is to express the reasons why copyright statutes should be overhauled to provide explicit rights reserved to the public, as opposed to the present structure of copyright law, which provides rights to a copyright owner, subject to the many exceptions that have sprung up over the past few years. Some of these exceptions, which seem to have engulfed the basic premise of copyright theory, are the broadly framed but vague protections offered by the fair use doctrine. These rights include the right of a lawful owner of a copy to sell or otherwise dispose of …
The Politics And Economics Of Software Intellectual Property Rights : Interacting Policies Of The United States, United Kingdom, Romania, Turkey, And International Organizations, Ersan Ozkan
Legacy Theses & Dissertations (2009 - 2024)
The Intellectual Property Rights is one of the key issues of the global economy as knowledge has become a key element in international trade. As the process of digitalization spreads, Software Intellectual Property Rights (SIPR) have become essential to the development of computer software industry. However, some developing governments do not fulfill the requirements of protecting SIPR; as a result, western entrepreneurs lose huge amounts of money. In order to prevent losses, developed countries established various organizations to watch and guide developing countries on SIPR issue.
The New Private Ordering Of Intellectual Property, Lawrence M. Sung
The New Private Ordering Of Intellectual Property, Lawrence M. Sung
Journal of Business & Technology Law
No abstract provided.
Ideology And Exceptionalism In Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, Maxim Sytch
Ideology And Exceptionalism In Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, Maxim Sytch
Faculty Articles
In this Article, we examine the effect of judicial ideology on IP case outcomes before the Supreme Court from 1954 to 2006. We find that ideology is a significant determinant of IP cases: the more conservative a justice is, the more likely he or she is to vote in favor of recognizing and enforcing rights to intellectual property. We also find evidence that the relationship is more complex than a purely ideological account would suggest; our results suggest that law matters too. We find that a number of factors that are specific to IP are also consequential. Additionally, we show …
The Componentization Of Information, Kristen Osenga
The Componentization Of Information, Kristen Osenga
Law Faculty Publications
Information is ‘the oxygen of the modern age’. Despite its importance, or perhaps because of it, conventional wisdom has long been of the view that information wants to, or even needs to, be free. This idea has been extended to encompass not just raw data, but also information products such as databases and software. These products – products whose primary value lies in organizing, providing context, and distributing information content – have often been the subject of debate over whether and to what extent these works should be protected. The tension between information being free and information products being protected …
Copying In Patent Law, Christopher A. Cotropia
Copying In Patent Law, Christopher A. Cotropia
Law Faculty Publications
Patent law is virtually alone in intellectual property (IP) in punishing independent development. To infringe a copyright or trade secret, defendants must copy the protected IP from the plaintiff, directly or indirectly. But patent infringement requires only that the defendant's product falls within the scope of the patent claims. Not only doesn't the defendant need to intend to infringe, but the defendant may be entirely unaware of the patent or the patentee and still face liability. Nonetheless, copying does play a role in some subsidiary patent doctrines, including damages rules, willfulness, and obviousness. More significantly, the rhetoric of patent law …
Conversations With Renowned Professors On The Future Of Copyright, James Boyle, Elizabeth Townsend Gard
Conversations With Renowned Professors On The Future Of Copyright, James Boyle, Elizabeth Townsend Gard
Faculty Scholarship
No abstract provided.
Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman
Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman
Faculty Scholarship
This article is a later version of the author's presentation at the Eleventh Annual Honorable Helen Wilson Nies Memorial Lecture March 26, 2008. Clinical trials are currently used to test drugs; however, the risk and cost of clinical trials are increasing so drastically that the clinical trials may become unsustainable. This article evaluates the legal and economic trends of intellectual property protection for pharmaceutical clinical trial data. The protection of clinical trials has become an alternative to patents as market exclusivity encourages the development and testing of unpatentable pharmaceuticals. This author argues that clinical trials should be treated as a …