Intellectual Property Law Commons^™

Trademark Exhaustion In The European Union: Community-Wide Or International? The Saga Continues, Irene Calboli

Research Collection Yong Pung How School Of Law

This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions define the extent of trademark exhaustion as either "national" or "international" exhaustion, depending on whether the rights granted by a mark are considered exhausted only in the domestic territory or also in foreign jurisdictions. Because of its nature as a regional integration of sovereign countries, the EU has historically favored a compromising approach toward the issue, and …

Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis

Indiana Journal of Global Legal Studies

No abstract provided.

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Indiana Journal of Global Legal Studies

No abstract provided.

Protection Of Traditional Knowledge, Srividhya Ragavan

Faculty Scholarship

Knowledge has been the most coveted possession of mankind since the industrial revolution. The industrial boom after the World Wars has highlighted the importance of the so-called intellectual knowledge. Recently, the importance of knowledge that has been in the public domain (and, therefore, accessible) has come into question. The pattern of evolution of society, has been marked by a process by which the societies in developed countries have moved towards a more technological orientation. Consequentially, some traditional knowledge, including traditional practices, has been left behind and newer practices that are better, or at least considered better, are being used. Knowledge …

Commentary: International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Articles

The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection—or variations in that protection—hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …

Trademark Product Appearance Features, United States And Foreign Protection Evolution: A Need For Clarification And Harmonization, 34 J. Marshall L. Rev. 947 (2001), William T. Fryer Iii

UIC Law Review

No abstract provided.

International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Articles

This commentary will focus on the participants' proposals relative to the laws of other countries. Particularly, assuming that the same proposals were to be made in an international negotiation, my commentary reflects potential reactions and responses from Japanese and European delegates.

Legalize It? -Osp And Peer-To-Peer Network Liability For Online Music Copyright Infringements In The United States And Germany, Christian Nils Jochen Engelhardt

LLM Theses and Essays

It may be useful to explain why a comparative approach was chosen. It is easy and comfortable to get caught up in one's own legal system and not look abroad. It is often difficult enough to understand and apply one’s own laws accurately and the study of a foreign legal system may seem an effort too great. Yet, this reluctance to look beyond the familiar is fatal to legal development and improvement since entirely new ideas are rare in the field of law and the main source of change and new approaches is borrowing from another legal system. If one …

First, "Let's Kill All The Intellectual Property Lawyers!": Musings On The Decline And Fall Of The Intellectual Property Empire, 34 J. Marshall L. Rev. 851 (2001), Doris E. Long

UIC Law Review

No abstract provided.

Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow

Northwestern Journal of International Law & Business

Although the discussion in this Article is limited to counterfeiting in China, many of the issues discussed are endemic to the Chinese legal system as a whole, and apply also to other intellectual property rights, such as copyright piracy and patent infringements. Moreover, many of the themes raised in this Article also illuminate the current state of the nascent Chinese legal system as a whole and how its capacity is tested as it continues the struggle to keep pace with China's many economic reforms and accompanying social changes. Part I of this Article begins with a review of the enforcement …

From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern

Articles by Maurer Faculty

In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.

With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of …

Recovering Collectivity: Group Rights To Intellectual Property In Indigenous Communities, Angela R. Riley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley

Scholarly Articles in Law Reviews & Journals

It should not be surprising that the United States is not a major proponent of the protection of geographical indications. Countries that stand to benefit the most from this protection are those that have a long history of traditional industries, such as many European countries. These historical differences may help explain the stance that the United States has taken with regard to the protection of geographical indications, as compared to its stance towards other intellectual property rights negotiated in TRIPs Agreement. But the inability of the U.S. to benefit to the same extent as European countries, because of its apparent …

International Copyright: From A "Bundle" Of National Copyright Laws To A Supranational Code?, Jane C. Ginsburg

Faculty Scholarship

In recent years, the number and content of substantive norms that international copyright treaties impose on member states have increased considerably. It is therefore appropriate to consider the extent to which those instruments have in effect created an international (or at least multinational) copyright code, as well as to inquire what role national copyright laws do and should have in an era not only of international copyright norms, but of international dissemination of copyrighted works. This Article first considers the displacement of national norms through the evolution of a de facto international copyright code, elaborated in multilateral instruments such as …

Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji

Indiana Journal of Global Legal Studies

No abstract provided.

Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara

Indiana Journal of Global Legal Studies

No abstract provided.

Protecting Folklore Under Modern Intellectual Property Regimes: A Reappraisal Of The Tensions Between Individual And Communal Rights In Africa And The United States , Paul Kuruk

American University Law Review

No abstract provided.

Deleting The Bolar Amendment To The Hatch-Waxman Act: Harmonizing Pharmaceutical Patent Protection In A Global Village, 32 J. Marshall L. Rev. 751 (1999), Ned Milenkovich

UIC Law Review

No abstract provided.

Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith

UIC Law Review

No abstract provided.

Reevaluating The Forum Non Conveniens Doctrine In Multiterritorial Copyright Infringement Cases, Brenda Tiffany Dieck

Washington Law Review

The tension between the internationalization of copyright and the territorial remedies national laws provide is illustrated when the same infringer infringes a copyright in multiple countries. The copyright owner can bring suit in each country separately or attempt to consolidate all claims into one forum. Commentators have identified that in consolidated suits, even if jurisdiction over the foreign claims is proper, the discretionary forum non conveniens doctrine rmains a "wild card." This Comment explores in greater depth why the doctrine is unpredictable and argues that it is being abused by U.S. federal courts in multiterritorial copyright suits, exacerbating the problem …

Introduction: Sovereignty And The Globalization Of Intellectual Property, Symposium, Fred H. Cate

Indiana Journal of Global Legal Studies

No abstract provided.

Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.

Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe

Indiana Journal of Global Legal Studies

No abstract provided.

Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews

Indiana Journal of Global Legal Studies

No abstract provided.

Controlling World Wide Web Links, Property Rights, Access Rights And Unfair Competition, Chris Reed

Indiana Journal of Global Legal Studies

No abstract provided.

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.

Globalizing Intellectual Property: Linkage And The Challenge Of A Justice-Constituency, Samuel K. Murumba

Faculty Scholarship

No abstract provided.

Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.

From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul E. Geller

Vanderbilt Journal of Transnational Law

Laws of intellectual property define what is bought and sold on media and technology markets, notably works, trademarks, and inventions. Laws and treaties have traditionally been made and enforced by nation-states operating in a patchwork of territories. Now, the media and technology marketplace is being globalized in digital networks. The law is only beginning to respond to this change.

To analyze this process in the field of intellectual property, this Article will consider the following questions: First, how is the patchwork of national laws lagging behind new networks in this field? Second, how does the international regime of intellectual property …

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.