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Current Patent Laws Cannot Claim The Backing Of Human Rights - 2008, Wendy J. Gordon Jan 2008

Current Patent Laws Cannot Claim The Backing Of Human Rights - 2008, Wendy J. Gordon

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The majority of the world's countries (one exception being the United States) have undertaken a commitment at the level of human rights to protect the interests of persons who author 'scientific ... production[s]'. This commitment is embodied in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognizes in Article 15.1.(c) the rights of everyone 'to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.'


Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr. Jan 1999

Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.

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Since 1742, when Lord Hardwicke seemingly equated trademark protection with monopoly in one of the first trademark cases, until the mid- 1950s, concerns that trademarks represented a form of illegitimate monopoly effectively constrained the growth of trademark protection. In the twentieth century, Edward Chamberlain became the leading proponent of the trademark as monopoly view with the publication of his work, The Theory of Monopolistic Competition, in 1933. In his work, Chamberlain argued that a trademark enabled its owner to differentiate her products and then to exclude others from using the differentiating feature. By doing so, trademark protection can effectively …


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.


Lecture Draft On Sensory Recall Device - 1980, Wendy J. Gordon Jan 1980

Lecture Draft On Sensory Recall Device - 1980, Wendy J. Gordon

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Perception is a bodily function. The brain “sees” according to the orders which the optic nerve relays from its position at the back of the eye. Similarly, it is the brain which also "hears." As we know from our dreaming and our remembering, neither eye nor ear is indispensable to having the sensations of seeing and hearing.