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Articles 1051 - 1080 of 1147
Full-Text Articles in Intellectual Property Law
The New World Of International Trademark Law, Marshall A. Leaffer
The New World Of International Trademark Law, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher
UIC John Marshall Journal of Information Technology & Privacy Law
The author states that the rapid growth of the Internet has caused a serious collision between the efficient functioning of Domain Name Systems and the claims of trademark owners. U.S. Courts have recognized that domain names can have trademark implications. Trademarks are important because organizations responsible for allocation and registration of domain names must take trademarks and trademark law into account. The International Trademark Association (INTA) sets forth principles that should apply to the use of trademarks in the Domain Name System. The author's comment focuses on how to accommodate the interests and rights of trademark owners in the DNS …
Orderly Expansion Of The International Top-Level Domains: Concurrent Trademark Users Need A Way Out Of The Internet Trademark Quagmire, 15 J. Marshall J. Computer & Info. L. 521 (1997), David B. Nash
UIC John Marshall Journal of Information Technology & Privacy Law
Organizations that want to conduct business on the Internet have to register with Network Solutions, Inc. (NSI). The Internet was created as a network designed by the Defense Department to test a fail safe network. The National Science Foundation connects to the Internet five supercomputing centers, which connects most public colleges to the Internet. The World Wide Web was the first service that was opened to individuals and for commercial use. Commercial success on the Internet depends on the ease with which consumers can find the organization on-line. If the company has established good will in the public, the company …
Copyright And International Trips Compliance (Symposium: Fifth Annual Conference On International Intellectual Property Law And Policy), Shira Perlmutter, Jerome H. Reichman, Whitmore Gray
Copyright And International Trips Compliance (Symposium: Fifth Annual Conference On International Intellectual Property Law And Policy), Shira Perlmutter, Jerome H. Reichman, Whitmore Gray
Other Publications
MS. PERLMUTTER: We have heard today about copyright in two different regions of the world, in Central and Eastern Europe' and in China. In recent years there has been an increasing convergence in the substance of national laws in different regions of the world. One of the major factors has been the TRIPs Agreement? I will focus on the current efforts toward implementing the TRIPs Agreement, and this will be a procedure-oriented talk.
National Sovereignty And Transnational Problem Solving, Judith H. Bello
National Sovereignty And Transnational Problem Solving, Judith H. Bello
Cardozo Law Review
Many of the most difficult problems that challenge nation states in the increasingly interdependent world do not respect borders: illicit drug trafficking, refugees, illegal immigration, environmental degradation, illegal arms sales, nuclear proliferation, terrorism, bribery, and corruption. Nation states acting alone are helpless to resolve or most effectively alleviate these problems.
The Externalization Of Domestic Regulation: Intellectual Property Rights Reform In A Global Era, Paul N. Doremus
The Externalization Of Domestic Regulation: Intellectual Property Rights Reform In A Global Era, Paul N. Doremus
Indiana Journal of Global Legal Studies
Intellectual property rights (IPR) issues in the software, biotechnology, and semiconductor industries exemplify the pressure that new technologies and international competition are placing on domestic and international regulatory systems. Traditional patent and copyright rules cannot easily accommodate any of these technologies. At the same time, the high costs of research and development, relative ease of replication, and global markets characteristic of these technologies heighten the importance of both domestic and foreign IPR protection. In the context of rapidly changing technological conditions, borderless markets, and inflexible international regimes, national policymakers face a political dilemma: how to accommodate new technologies at home, …
The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber
The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber
All Faculty Scholarship
No abstract provided.
China's Copyright Law And The Trips Agreement, Reiko R. Feaver
China's Copyright Law And The Trips Agreement, Reiko R. Feaver
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Viet Nam Or Bust: Why Trademark Pirates Are Leaving China For Better Opportunities In Viet Nam, Graziella M. Sarno
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.
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
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.
Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer
Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer
Northwestern Journal of International Law & Business
This article explores some of the issues in international licensing and, particularly, in the evolution of information-based contracts.
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
International Copyright: An Unorthodox Analysis American Association Of Law Schools' Intellectual Property Section's Symposium On Compliance With The Trips Agreement, Hugh C. Hansen
Faculty Scholarship
Professor Hansen reviews the development of copyright from its traditional domestic orientation to the modern emphasis on globalization and harmonization. His commentary analogizes modem trends in international copyright to religious equivalents. He notes that the current players include a "secular priesthood" (the traditional copyright bar and academics), "agnostics and atheists" (newer academics and lawyers, particularly those concerned with technology and the culture of the public domain) and "missionaries" (whose task it is to increase copyright protection around the world and who are primarily driven by trade considerations). The copyright "crusade" has been driven by this last group. The author compares …
Commentary: The International Intellectual Property Order Enters The 21st Century, Frederick M. Abbott
Commentary: The International Intellectual Property Order Enters The 21st Century, Frederick M. Abbott
Vanderbilt Journal of Transnational Law
This Commentary followed presentation of the first two articles in this volume at a meeting on the TRIPS Agreement. The commentator first reflects on the theme of Professor Oddi's article, and suggests that the TRIPS Agreement must be evaluated in the broad context of the Uruguay Round bargain. He observes that the potential economic impact of the TRIPS Agreement on global economic development is of central concern, and that much work remains to be done both in refining economic analysis of the Agreement, and in addressing developmental issues. The commentator then discusses renewed interest in the activities of WIPO, and …
From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman
From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley
Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley
Federal Communications Law Journal
Protecting United States industry from the costs of overseas pirating is complex without an enforceable bilateral copyright agreement. In fact, the U.S. loses billions of dollars to acts of piracy abroad every year. Yet, the Ninth Circuit destroyed a potential check against overseas piracy in Subafilms, Ltd. v. MGM-Pathe Communs. Co. when it ruled that the U.S. Copyright Act does not prohibit piracy abroad. After a discussion of relevant case law surrounding extraterritorial application of the Copyright Act, the Author of this Note criticizes the Subafilms decision and proposes changes to the current language contained in the Copyright Act.
Chemical Prospecting, Biodiversity Conservation, And The Importance Of International Protection Of Intellectual Property Rights In Biological Materials, Mark A. Urbanski
Chemical Prospecting, Biodiversity Conservation, And The Importance Of International Protection Of Intellectual Property Rights In Biological Materials, Mark A. Urbanski
Buffalo Journal of International Law
No abstract provided.
National And International Copyright Liability For Electronic System Operators, Charles J. Meyer
National And International Copyright Liability For Electronic System Operators, Charles J. Meyer
Indiana Journal of Global Legal Studies
No abstract provided.
The North American Free Trade Agreement & Protection Of Intellectual Property: A Converging View, Lori M. Berg
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.
U.S. Copyright Law And Its Extraterritorial Application: Subafilms, Ltd. V. Mgm-Pathe Communications, Patricia Scahill
U.S. Copyright Law And Its Extraterritorial Application: Subafilms, Ltd. V. Mgm-Pathe Communications, Patricia Scahill
Maryland Journal of International Law
No abstract provided.
China On The Horizon: Exploring Current Legal Issues, 28 J. Marshall L. Rev. 639 (1995), Preston M. Torbert
China On The Horizon: Exploring Current Legal Issues, 28 J. Marshall L. Rev. 639 (1995), Preston M. Torbert
UIC Law Review
No abstract provided.
Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine
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 …
Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv
Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv
Richmond Journal of Law & Technology
Imagine the following: It's New Year's Eve, 1994, and as twilight falls you start to clean off your desk and get ready to go home. On top of your "Out" tray is a copy of a patent application for American Corporation that you filed with the Patent and Trademark Office last week. A-Corp., one of your largest clients, is the nation's largest manufacturer of business office furniture. The patent application is for A-Corp's new "Security Cabinet," a device that protects sensitive computer disks and video- tapes from electromagnetic contamination. The Security Cabinet was unveiled at an office supply trade show …
Freeing Copyright From Formalities, Shira Perlmutter
Freeing Copyright From Formalities, Shira Perlmutter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Global Use/Territorial Rights: Private International Law Questions Of The Global Information Infrastructure, Jane C. Ginsburg
Global Use/Territorial Rights: Private International Law Questions Of The Global Information Infrastructure, Jane C. Ginsburg
Faculty Scholarship
In the private international law of intellectual property, and particularly of literary and artistic property, the basic principle is territoriality. Each country provides for its own regime of protection of works of authorship. The Berne Convention for the Protection and Literary and Artistic Works and the Universal Copyright Convention oblige their members to respect the rule of national treatment, that is, of non discrimination between domestic and foreign works from member countries. This rule reinforces the principle of territoriality, for it confirms the role of local copyright laws, by requiring that local law apply equally to the protection of local …
Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige
Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige
RISK: Health, Safety & Environment (1990-2002)
Dr. Murashige compares the function and value of copyright, patent and trade secret laws in recovering investments in developing genome-related biotechnology.
The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma
The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma
LLM Theses and Essays
All nations have a stake in preserving biodiversity for ethical, medical, and economic reasons. This thesis discusses objections to the Convention on Biological Diversity and argues for establishing international agreements that set conservation standards to which all parties can be held accountable. These agreements should also include internationally accepted standards for the protection of intellectual property rights.
Character Merchandising In The U.K., A Nostalgic Look, Marshall A. Leaffer
Character Merchandising In The U.K., A Nostalgic Look, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong
Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong
Faculty Publications
For centuries people have expressed themselves through creative works of art and literature, and since 1557 artists and authors have been able to protect their rights to their creative works through various national copyright laws. National copyright laws basically grant a monopoly in the use of the work to its creator. Copyrighted goods, however, are often easily transported across national boundaries, and thus national copyright laws may provide inadequate copyright protection in the international marketplace. The necessity for international copyright protection has been met to some extent by copyright conventions. International copyright conventions, like national copyright laws, define the scope …