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Comparative and Foreign Law

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Articles 721 - 750 of 797

Full-Text Articles in Intellectual Property Law

Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman Sep 1998

Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Harmonizing The Japanese Patent Sytem With Its U.S. Counterpart Through Judge-Made Law: Interaction Between Japanese And U.S. Case Law Developments, Toshiko Takenaka Mar 1998

Harmonizing The Japanese Patent Sytem With Its U.S. Counterpart Through Judge-Made Law: Interaction Between Japanese And U.S. Case Law Developments, Toshiko Takenaka

Washington International Law Journal

Japanese jurisprudence has been strongly influenced by German jurisprudence, but this trend is changing because more legal professionals including judges, patent attorneys and patent office examiners study at U.S. Law Schools. Some recent Japanese court decisions reflect this strong influence from U.S. jurisprudence. Particularly, the influence is significant in the field of patent claim interpretation, courts' power to review the validity, parallel importation and patent infringement damages. This article concludes that there are few significant differences remaining between the U.S. and Japanese patent laws, and Japanese courts' eagerness to adopt U.S patent law significantly contributes to harmonizing the remaining differences.

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Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long Jan 1998

Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Einstein's Hair, Jonathan A. Franklin Jan 1998

Einstein's Hair, Jonathan A. Franklin

Michigan Journal of International Law

Review of From Privacy Toward a New Intelletual Property Right in Persona: The Right of Publicity (United States) and Portrait Law (Netherlands) Balanced with Freedom of Speech and Free Trade Principles by Julius C.S. Pinckaers

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The Chinese System Of Administrative Protection For Pharmaceuticals, 31 J. Marshall L. Rev. 1165 (1998), J. Michael Warner, Han Xiaoquing Jan 1998

The Chinese System Of Administrative Protection For Pharmaceuticals, 31 J. Marshall L. Rev. 1165 (1998), J. Michael Warner, Han Xiaoquing

UIC Law Review

No abstract provided.

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Recent Challenges To The Protection Of Copyright In Literary Works: A Study Of Ghana And Canada, Josephine Asmah Jan 1998

Recent Challenges To The Protection Of Copyright In Literary Works: A Study Of Ghana And Canada, Josephine Asmah

LLM Theses

This work traces the historical development of the concept of copyright in literary works from the earliest forms of communication by human beings until the present day. By assessing the impact of implementing the recent international copyright agreements on literary works in Ghana, a developing country, and in Canada, a developed country, the work establishes that generally, the economies of developed countries are more suitable than those of developing countries to support a strengthened copyright regime. This is more so because the former have shorter transition periods in which to comply with the international copyright framework. The work also asserts …

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Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii Jul 1997

Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii

Washington International Law Journal

With the passage of the Drug Price Competition Act of 1984 in the United States, the recent German Supreme Court decision allowing for experimental use of patented pharmaceuticals, and indirectly through the adoption of the Supplemental Protection Certificate in Europe, Japan seems to be the lone large pharmaceutical market which does not allow in some way for the experimental use of patented drugs to gain regulatory approval for a generic equivalent. Japanese generic pharmaceutical manufacturers had, until recently, operated under the assumption that the testing of a generic equivalent to a patented drug to gain regulatory approval was allowable as …

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Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar May 1997

Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Protection Of Famous Trademarks In Japan And The United States, Kenneth L. Port Jan 1997

Protection Of Famous Trademarks In Japan And The United States, Kenneth L. Port

Faculty Scholarship

The concepts of trademark jurisprudence in Japan and the United States differ drastically. This difference is apparent in many aspects of trademark protection in both countries and is most evident in the treatment of famous marks. Although Japan and the United States share elements of trademark law that cause some observers to claim that Japan is legally the fifty-first State, the conceptual differences at the foundation of trademark law in each country are so significant that such a claim seems inaccurate and misleading.

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Fair Use In American And Continental Laws, Omar M.A. Obeidat Jan 1997

Fair Use In American And Continental Laws, Omar M.A. Obeidat

LLM Theses and Essays

Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …

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Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng Mar 1996

Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng

Washington International Law Journal

The increasing need for an adequate legal framework for the protection of trade secrets in the People's Republic of China led to the 1993 promulgation of the Law for Countering Unfair Competition ("LCUC"). The LCUC has removed some of the barriers to obtaining effective remedies. Under the LCUC, the injured party can rely on a legal definition of "trade secrets," sue third parties, and expect that authorities will investigate violations. Nevertheless, barriers to adequate protection for trade secrets remain. In discussing the legal framework for trade secrets protection, this Article illustrates how the ambiguity of the LCUC's relationship with other …

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China's Copyright Law And The Trips Agreement, Reiko R. Feaver Jan 1996

China's Copyright Law And The Trips Agreement, Reiko R. Feaver

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Viet Nam Or Bust: Why Trademark Pirates Are Leaving China For Better Opportunities In Viet Nam, Graziella M. Sarno Jan 1996

Viet Nam Or Bust: Why Trademark Pirates Are Leaving China For Better Opportunities In Viet Nam, Graziella M. Sarno

Penn State International Law Review (1982 - 2011)

No abstract provided.

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If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte Jan 1996

If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte

UIC Law Review

No abstract provided.

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Norms And Property In The Middle Kingdom, Glenn R. Butterton Jan 1996

Norms And Property In The Middle Kingdom, Glenn R. Butterton

Articles

No abstract provided.

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Doctrine Of Equivalents After Hilton Davis: A Comparative Law Analysis, Toshiko Takenaka Jan 1996

Doctrine Of Equivalents After Hilton Davis: A Comparative Law Analysis, Toshiko Takenaka

Articles

This Article will address a number of major topics. First, it discusses the Federal Circuit's renewed interest in Graver Tank and the merger of the infringement test with the patentability test established by the Supreme Court in Graham v. John Deere Co. Then, this Article responds to the dissenting judges in Hilton Davis who emphasized the danger of uncertainty that stems from the in-principle application of the doctrine of equivalents. This response explains that the application of the doctrine does not increase the uncertainty in determining infringement but, rather, encourages clear, definitive claim drafting. It then examines the relationship …

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Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka Jan 1996

Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka

Articles

What is the so-called "cultural barrier to intellectual property trade?" No definition for this phrase readily came to me when I began exploring the topic. Japanese intellectual property scholars and professionals strongly suspect that their U.S. counterparts, who find institutional or economic explanations for discrepancies between European and American business customs, nevertheless tend to attribute the differences between Japanese and American business practices to cultural differences. Three popular arguments offered to substantiate this "cultural barrier to intellectual property trade" theory are: (1) the application of the concepts of competition and monopoly to intangibles such as technology and ideas is foreign …

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The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman Jan 1996

The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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An Analysis Of The Nature And Impact Of Legal Complexities Facing United States Corporations Considering Investment Into The New South Africa, Philip R. Mcdougall Jan 1996

An Analysis Of The Nature And Impact Of Legal Complexities Facing United States Corporations Considering Investment Into The New South Africa, Philip R. Mcdougall

LLM Theses and Essays

Due to sanctions imposed against South Africa’s Apartheid government, the South African economy suffered as little international investment was made in the country. With these sanctions lifted following the democratic elections of 1994, South Africa is now an alluring country for international investment. Despite this attractiveness, U.S. corporations face many legal concerns before entering the South African economy. An analysis of these issues is made in the context of American and South African law with solutions proposed in an effort to avoid deterring foreign investment. These concerns include political and non-economic risks that often hinder investment in the African continent, …

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The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana Jan 1996

The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana

LLM Theses and Essays

In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …

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In Pursuit Of Profit Maximization By Restricting Parallel Imports: The U.S. Copyright Owner And Taiwan Copyright Law, Soojin Kim Nov 1995

In Pursuit Of Profit Maximization By Restricting Parallel Imports: The U.S. Copyright Owner And Taiwan Copyright Law, Soojin Kim

Washington International Law Journal

Parallel importation occurs when goods which are authorized by the copyright owner to be sold only in a specific territory abroad are imported, without the copyright owner's authorization, into a non-authorized market. Parallel importation into Taiwan has been cause for concern for both U.S. copyright owners and their Taiwan licensees because such importation undermines their control over the marketing of copyrighted goods. A copyright owner may wish to market goods differently in different countries, setting the price of goods sold in one country higher than in another country. This Comment discusses the role of U.S. political pressure in Taiwan's enactment …

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Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin Nov 1995

Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin

Washington International Law Journal

This Comment addresses effects of the 1992 rescission of compulsory licensing laws for pharmaceutical patents in New Zealand. The Comment summarizes the history behind the change in law, the effect the change has had, projections for future effects, and the degree to which the change brings New Zealand law into compliance with proposed General Agreement on Trade and Tariffs ("GAT") provisions. The effects of the repeal on drug prices appear to be masked by changes in New Zealand's pharmaceutical price support system. Both changes are illustrative of the continuing conflict over technology protection in the marketplace, a conflict which is …

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A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie Jul 1995

A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie

Washington Law Review

American economic interests previously have criticized the Japanese patent system as a trade barrier. Recent agreements between the United States and Japan should help reduce the difficulties Americans have had obtaining patents in Japan. However, Americans who acquire Japanese patents are likely to be disappointed and discouraged by the formal protection afforded their new property. The patent enforcement system in Japan provides limited judicial remedies. Equitable relief is difficult to enforce. The full value of monetary damages is extremely difficult to prove, and the possibility for equitable recovery of damages in excess of those proved does not exist. The cost …

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Chinese Copyright Piracy: Analysis Of The Problem And Suggestions For Protection Of U.S. Copyrights, Kristie M. Kachuriak May 1995

Chinese Copyright Piracy: Analysis Of The Problem And Suggestions For Protection Of U.S. Copyrights, Kristie M. Kachuriak

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Proposed Changes To Japanese And United States Patent Law Enforcement Systems, Marvin Mostenbocker Feb 1995

Proposed Changes To Japanese And United States Patent Law Enforcement Systems, Marvin Mostenbocker

Washington International Law Journal

Recent changes made to Japanese and American patent procedural laws have not addressed the contentious issue of patent enforcement. Purely technical decisions concerning patent rights and their enforcement need to be consistent between jurisdictions of each country. Courts of both countries are second guessing purely technical decisions of their patent offices and interfering with the smooth and predictable development of new technology and its associated rights. This particularly hurts noncitizen patentees who are unfamiliar with the particular legal customs of the other country. It is proposed that technical patent scope determination during Japanese patent infringement litigation be delegated to the …

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The North American Free Trade Agreement & Protection Of Intellectual Property: A Converging View, Lori M. Berg Jan 1995

The North American Free Trade Agreement & Protection Of Intellectual Property: A Converging View, Lori M. Berg

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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China On The Horizon: Exploring Current Legal Issues, 28 J. Marshall L. Rev. 639 (1995), Preston M. Torbert Jan 1995

China On The Horizon: Exploring Current Legal Issues, 28 J. Marshall L. Rev. 639 (1995), Preston M. Torbert

UIC Law Review

No abstract provided.

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Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine Jan 1995

Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine

Michigan Journal of International Law

This note undertakes to examine authors' moral rights in non-European countries. Section I will provide a brief comparative description of moral rights. Section II will discuss the treatment of moral rights in the Berne convention and the TRIPS agreement. Section III will then examine moral rights law in India and Israel, and two important cases from these nations, Mannu Bhandari v. Kala Vikas Pictures from India, and Qimron v. Shanks, from Israel. Mannu Bhandari deals with an author's moral right in the film adaptation of her work, Qimron with the moral rights of a scholar in the reconstruction of one …

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Intellectual Property Right Protections In The Republic Of China: Biotechnology And Pollution Control, Joi Cary Oct 1994

Intellectual Property Right Protections In The Republic Of China: Biotechnology And Pollution Control, Joi Cary

Buffalo Journal of International Law

No abstract provided.

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Revision Of The Japanese Patent And Utlility Model System, Nobuo Monya, Marvin Motsenbocker, Hiroki Mitsumata Jun 1994

Revision Of The Japanese Patent And Utlility Model System, Nobuo Monya, Marvin Motsenbocker, Hiroki Mitsumata

Washington International Law Journal

As part of the international harmonization of industrial property rights, in the summer of 1992 a U.S. advisory committee published recommendations concerning revisions to the patent system. The Industrial Property Council of Japan also published a report at the end of 1992 concerning revisions to the patent law and utility model law. Soon thereafter the U.S. administration in Washington changed, and the U.S. position on patent law harmonization became unclear. Japan, however, enacted its report into legislation. Japan revised the relevant parts of its Patent Law (Law No. 26 of 1993) on April 16, 1993, and the revisions were promulgated …

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