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Intellectual property

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Institution
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Articles 1921 - 1950 of 1970

Full-Text Articles in Law

Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon Aug 1985

Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon

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No abstract provided.

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Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon Aug 1985

Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon

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In many areas courts are giving new intellectual property rights for reasons they largely leave unarticulated. Noncopyrightable stock averages are being protected by state law. Merchandising emblems and symbols are being protected in non-trademark contexts by trademark law. The right of publicity has expanded to such an extent that judges and commentators al iKe bewail the imminent dangers to the First Amendment caused by the imprecision of the new right’s boundaries. Even in federal copyright law, which explicitly says that facts and ideas should be free of protection, and where inadvertent copying is supposed to be as actionable as intentional …

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Outline Of New Organization - 1985, Wendy J. Gordon Jan 1985

Outline Of New Organization - 1985, Wendy J. Gordon

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No abstract provided.

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Notes On Nomenclature - 1985, Wendy J. Gordon Jan 1985

Notes On Nomenclature - 1985, Wendy J. Gordon

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The ordinary linkage between "property" and "thing" can be seen in the most common name given to the set of intellectual products. They are called "intellectual property."

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Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon Jan 1985

Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon

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At first blush, the creation of i/p seems to meet this test of Locke’s proviso, namely, that strangers cannot complain of the ownership if after the appropriation, “there was as good left, as that already possessed, and more than he knew what to do with, or his industry could reach to.” There would seem to be a nearly infinite store of possible melodies, poems, novels, ideas; granting ownership over one variant which has been reduced to expression by a creator wouldn’t seem to interfere with the stranger’s ability to create his own.

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Outline Of Desert Theory - 1985, Wendy J. Gordon Jan 1985

Outline Of Desert Theory - 1985, Wendy J. Gordon

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Locke suggests that a covetous stranger has no justification to complain of another’s taking possession and ownership of land if, after the owner’s appropriation, “there was as good left, as that already possessed, and more than he [the potential complainer] knew what to do with, or his industry could reach to.”

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Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon Jan 1985

Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon

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In seeking to understand what lies behind the court's apparent eagerness to grant property in intellectual products, a helpful starting place would seem to be the labour theory of property found in Locke's SECOND TREATIES OF GOVERNMENT. Speaking most generally, the theory suggests that a person who successfully uses his to her efforts to make useful those things which no one else has used or claimed may be rewarded with ownership of the things. The common law has long used a simpler variant of such a principle, awarding ownership to those who take possession of unclaimed physical resources. Creators of …

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Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon Jan 1985

Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon

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One has no right to complain about another’s appropriation of a plot of land. But we live interdependent lives today. If X were given a property right to pollute, Y might have quite a lot to complain about. If what we are looking for is conditions under which strangers have no right to complain about property being granted, then it would seem appropriate to broaden the proviso a bit and say, the stranger has no right to complain so long as he’s not harmed by the grant of property.

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Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon Jan 1985

Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon

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Not only is there a problem with demarking the resource (e.g., the problem of larger and larger generality that Hand tries to deal with) but there's also a problem with demarking the TYPE OF USE. In DOW JONES, for example, the defendant was merely making reference to (not copying)the average; ditto the NFL case.

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Parallel Importation--Legitimate Goods Or Trademark Infringement?, W. Weldon Wilson Jan 1985

Parallel Importation--Legitimate Goods Or Trademark Infringement?, W. Weldon Wilson

Vanderbilt Journal of Transnational Law

Conflicts in interpretations of section 42 of the Lanham Act and section 526 of the Tariff Act of 1930 have led to divergent results in several federal courts. Although advocates on each side of the controversy present valid arguments supporting their positions, the dispute should be resolved by analyzing the purpose of the Lanham Act and the Tariff Act. The goal of these acts is protection of consumers and United States industry. Strict application of these statutes would achieve this result. Parallel imports provide goods at lower prices but confuse the consumer as to the origin of the goods and …

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The Validity Of The Manufacturing Clause Of The United States Copyright Code As Challenged By Trade Partners And Copyright Owners, Annette V. Tucker Jan 1985

The Validity Of The Manufacturing Clause Of The United States Copyright Code As Challenged By Trade Partners And Copyright Owners, Annette V. Tucker

Vanderbilt Journal of Transnational Law

Trade treaty partners recently have determined that the manufacturing clause violates United States obligations under the General Agreement on Tariffs and Trade (GATT). If the clause does violate GATT, sanctions may be imposed unless the clause is eliminated. Even so, two bills have been introduced in the United States Congress to make the clause a permanent feature of the copyright law, and to apply the manufacturing requirement to all printed materials. Meanwhile, a group of United States publishers and authors is challenging the clause in court, claiming it violates both the first and fifth amendments to the United States Constitution. …

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Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr. Jan 1985

Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr.

Vanderbilt Journal of Transnational Law

This Note outlines the purpose, scope and operation of the GSP from 1976 until 1984. Both the initial authorizing legislation and the 1984 Trade Act are analyzed. The 1979 modifications made in the Trade Agreement Act are briefly discussed where they are relevant. The 1984 Trade Act changes are detailed, with commentary on the manner in which the renewed GSP differs materially from prior law, and with discussion of the underlying policies and significance of the changes. The Note concludes with comments on the diverse objectives of the United States GSP scheme, its evolving nature, and prospects for continuation of …

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High Technology, The Human Image, And Constitutional Value, Patrick L. Baude Jan 1985

High Technology, The Human Image, And Constitutional Value, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

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Note On Singer's The Legal Rights Debate In Analytical Jurisprudence From Betham To Hohfeld - 1984, Wendy J. Gordon Dec 1984

Note On Singer's The Legal Rights Debate In Analytical Jurisprudence From Betham To Hohfeld - 1984, Wendy J. Gordon

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The economic realm is the area in which these sorts of privileges are most obviously to be found; it is in the economic realm that the evidence of "damnum absque injuria" began to accumulate, leading Homes, Salmond and others to recognize that the legal system did sometimes allow persons to inflict harm on others.

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A Common Law For The Ages Of Intellectual Property, Dan Rosen Sep 1984

A Common Law For The Ages Of Intellectual Property, Dan Rosen

University of Miami Law Review

This Article maintains that the rapid pace of technological advances requires that courts take an activist posture in intellectual property cases by updating the Copyright Act and the Patent Law instead of awaiting congressional response.

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Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon Jan 1984

Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon

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The "misappropriation as property" issue has surfaced in Lanham Act

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Outline Of Issues Key: Revised Version - 1984, Wendy J. Gordon Jan 1984

Outline Of Issues Key: Revised Version - 1984, Wendy J. Gordon

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No abstract provided.

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Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon Jan 1984

Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon

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My analysis now looks something like this: Some entitlements should be "prima facie" protectible from invasion. That means that there are some entitlements which the owner should be able to protect even if he or she is unable to prove (a) that protection is in the net social interest or (b) that the invader's action is deserving of punishment. I would call these entitlements "property".

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Microorganisms And The Patent Office: To Deposit Or Not To Deposit, That Is The Question, John Edward Schneider Jan 1984

Microorganisms And The Patent Office: To Deposit Or Not To Deposit, That Is The Question, John Edward Schneider

Fordham Law Review

No abstract provided.

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Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz Jan 1984

Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz

Articles by Maurer Faculty

No abstract provided.

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Approaches To Problems Of Field Ethics In Oceania, Mervyn Mclean Apr 1983

Approaches To Problems Of Field Ethics In Oceania, Mervyn Mclean

Pacific Studies

No abstract provided.

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International Patent Cooperation: The Next Step, Warren S. Wolfeld Jan 1983

International Patent Cooperation: The Next Step, Warren S. Wolfeld

Cornell International Law Journal

No abstract provided.

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Notes Re Betamax - 1982, Wendy J. Gordon Jan 1982

Notes Re Betamax - 1982, Wendy J. Gordon

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There's a lot of misunderstanding of by BX article. Some simplifying things: There are three types of "market failure" in copyright. The first inheres in the nonexhaustibil ity of the good; barring a right to post-dissemination control against copying, goods may be underproduced because potential users will refuse to pay for access, figuring they can get access to a friend's copy later for free or at lower cost than the creator would charoe. Thus. relying only o~ the physical control which lets i creato~ charge for the "first look", will (except where the look wont' make copying possible- the trade …

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Abstract Of Gift Failure Versus Market Failure - 1982, Wendy J. Gordon Jan 1982

Abstract Of Gift Failure Versus Market Failure - 1982, Wendy J. Gordon

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Gifts and gift exchanges can serve a combination of economic, personal, social, and humanitarian ends. This article explores how intellectual products are unusually capable of serving these ends through gift relations, and suggests ways in which the law can assist in this process.

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The Broad Sweep Of Aesthetic Functionality: A Threat To Trademark Protection Of Aesthetic Product Features, Deborah J. Krieger Jan 1982

The Broad Sweep Of Aesthetic Functionality: A Threat To Trademark Protection Of Aesthetic Product Features, Deborah J. Krieger

Fordham Law Review

No abstract provided.

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Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon Jan 1982

Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon

Faculty Scholarship

In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.

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Judicially Created Defenses To The Unauthorized Use Of Trademarks, Jonathan Binnie Nov 1981

Judicially Created Defenses To The Unauthorized Use Of Trademarks, Jonathan Binnie

Northern Illinois University Law Review

This comment identifies circumstances in which courts have permitted the unauthorized use of anothers' trademark where the use was outside the exceptions enumerated in the Lanham Act. The author ascertains underlying policy interests being protected and unifying principles in each defense, then sets forth the elements necessary to raise these defenses to claims of trademark infringement and unfair competition.

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Recognizing The Public Domain, David Lange Oct 1981

Recognizing The Public Domain, David Lange

Law and Contemporary Problems

No abstract provided.

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Notes On Preemption And Misc - 1981, Wendy J. Gordon Jun 1981

Notes On Preemption And Misc - 1981, Wendy J. Gordon

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As one of my students indirectly commented (the Herzog midterm?), section 301 PURPORTS to be exclusive. "Nothing in this title shall annul state rights etc." One student, Chris Binnig, indirectly suggested a way out of the exclusivity problem, other than the common sense of Abrams, namely that 301 talks about the general scope of copyright- something which may require some policy inquiry.

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Notes On Misc Re Contract - 1981, Wendy J. Gordon Jan 1981

Notes On Misc Re Contract - 1981, Wendy J. Gordon

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Once there is a patent, voluntarily-accepted user restrictions may not be enforceable. Or, at least, an attempt on the patentee's part to condition access of certain types on obtaining such restrictions, may be impossible. See 30 BNA PTCJ 104 (5/30/85)(Restrictions voided on availability of deposited yeast strains.) Filed under Yeast case.

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