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- Fordham Intellectual Property, Media and Entertainment Law Journal (9)
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Articles 1 - 28 of 28
Full-Text Articles in Law
Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley
Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley
Marquette Intellectual Property & Innovation Law Review
None
A Comparative Analysis Of The Prevention Of Pharmaceutical Patenting Abuse In The United States, Japan, And France, Kristen Coan
A Comparative Analysis Of The Prevention Of Pharmaceutical Patenting Abuse In The United States, Japan, And France, Kristen Coan
Cybaris®
No abstract provided.
International Tax Agreements As The Final Push For Us Adoption Of Adequate Protection In Connection With The Gdpr, Olivia Hansen
International Tax Agreements As The Final Push For Us Adoption Of Adequate Protection In Connection With The Gdpr, Olivia Hansen
Marquette Intellectual Property & Innovation Law Review
None
Artificial Intelligence Owning Patents: A Worldwide Court Debate, Maria A. Penkwitz
Artificial Intelligence Owning Patents: A Worldwide Court Debate, Maria A. Penkwitz
Marquette Intellectual Property & Innovation Law Review
None.
Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang
Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang
Duke Law & Technology Review
Most multinational enterprises (MNEs) register their original trademarks in Roman letters in China upon entering the Chinese market. However, many fail to develop and register corresponding Chinese marks because they do not understand local culture and consumers, overvalue consumers’ presumed brand loyalty, or neglect the accompanying trademark issues. This failure enables trademark squatters to register and hold the Chinese marks for ransom or local competitors to free ride on foreign marks using their Chinese translations or transliterations. This Article first introduces the complexity of translating a foreign mark into Chinese, which concerns complex linguistic, cultural, and business challenges. Based on …
The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison
The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison
University of Massachusetts Law Review
This Article investigates the impact of the Kirtsaeng decision. After discussing the first sale doctrine, this Article presents the issues around implementing a worldwide first sale doctrine. International treaties attempt to ensure that authors can benefit from their work by affording them similar protections in different jurisdictions. But a worldwide first sale exhaustion limits the ability of copyright holders to profit from their work because it allows the author to compete with its own work that had been priced differently in different jurisdictions. Finally, this Article tests whether, in the United States, the price of textbooks has been affected by …
Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer
Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer
Duke Law & Technology Review
The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership …
Combating The Anti-Trade Movement: Evaluating The Trans-Pacific Partnership’S Place In International Patent Law, William G. Adams
Combating The Anti-Trade Movement: Evaluating The Trans-Pacific Partnership’S Place In International Patent Law, William G. Adams
Journal of Intellectual Property Law
No abstract provided.
The Copyright Box Model, Stephen T. Black
The Copyright Box Model, Stephen T. Black
Seattle University Law Review
Intellectual property law is territorial in nature. That is why intellectual property assets have always been favorites among international tax planners. Rapid appreciation, even faster transfer times, and a somewhat vague standard for appraisal and valuation make for an interesting field of play. Transfer the assets to a low tax jurisdiction before the appreciation begins, and you find yourself with a large income stream that is taxed at a low rate. Miss the beat, and you have a large tax hit. For these reasons, many nations have followed the lead of Ireland in providing for so-called “patent box” schemes. These …
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight
Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight
University of Richmond Law Review
No abstract provided.
Expired Patents, Saurabh Vishnubhakat
Expired Patents, Saurabh Vishnubhakat
Catholic University Law Review
This article presents a comprehensive empirical description of the public domain of technologies that have recently passed out of patent protection. From a new dataset of over 300,000 patents that expired during 2008–2012, the study examines technological, geographical, and procedural traits of newly public inventions as a basis for exploring the social value associated with their competitive use. Moreover, comparing these inventions to inventions newly patented during the same period enables more specific discussion of how the balance of innovation in the United States continues to change.
A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen
A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen
University of Massachusetts Law Review
This Note explores the legalities of trade dress protection for a website, the enforcement of such protection, and what is necessary to protect the “look and feel” of a website. Further, this Note claims it is nearly impossible to protect the “look and feel” of a website because the functionality of the site will always trump protection.
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
University of Massachusetts Law Review
Section I of this article explores the different avenues of intellectual property protection presently available for computer software here in the United States. Section II then discusses how the European Community has resolved the computer program crisis under European intellectual property law. Lastly, section III will illustrate why sui generis legislation would be the paramount way for Congress to attack the intricacy that is created by computer programs under American intellectual property law.
The Business Exemption Of § 110(5) Of The Copyright Act Violates International Treaty Obligations Under Trips: Will Congress Honor Its Commitments?, Charles Leininger
The Business Exemption Of § 110(5) Of The Copyright Act Violates International Treaty Obligations Under Trips: Will Congress Honor Its Commitments?, Charles Leininger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Ethics Of Genetic Patenting And The Subsequent Implications On The Future Of Health Care, Suzanne Ratcliffe
The Ethics Of Genetic Patenting And The Subsequent Implications On The Future Of Health Care, Suzanne Ratcliffe
Touro Law Review
No abstract provided.
The Olympic Binding Arbitration Clause And The Court Of Arbitration For Sport: An Analysis Of Due Process Concerns, Jason Gubi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar
Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Empresa Cubana Del Tabaco V. Culbro Corp., Victoria Loughery
Empresa Cubana Del Tabaco V. Culbro Corp., Victoria Loughery
NYLS Law Review
No abstract provided.
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
NYLS Law Review
No abstract provided.
Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman
Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Future Of Electronic Contracts In International Sales: Gaps And Natural Remedies Under The United Nations Convention On Contracts For The International Sale Of Goods, Jennifer E. Hill
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Www.Foreign Corporation.Com: The United States Taxation Of International Business Transactions Conducted Over The Internet, Auri Weitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Deflowering Of The Parthenon: A Legal And Moral Analysis On Why The "Elgin Marbles" Must Be Returned To Greece, Michael J. Reppas Ii
The Deflowering Of The Parthenon: A Legal And Moral Analysis On Why The "Elgin Marbles" Must Be Returned To Greece, Michael J. Reppas Ii
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
International Patent Law Developments, Harold C. Wegner
International Patent Law Developments, Harold C. Wegner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
International Aspects Of Patent Protection For Biotechnology, John Richards
International Aspects Of Patent Protection For Biotechnology, John Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Commentary, William T. Fryer, Iii
Panel Commentary, William T. Fryer, Iii
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
International Industrial Design Law Developments, William T. Fryer, Iii
International Industrial Design Law Developments, William T. Fryer, Iii
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.