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Articles 1081 - 1110 of 1147

Full-Text Articles in Intellectual Property Law

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, 26 J. Marshall L. Rev. 457 (1993), R. Carl Moy Jan 1993

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, 26 J. Marshall L. Rev. 457 (1993), R. Carl Moy

UIC Law Review

No abstract provided.


The Hilmer Doctrine, Self Collision, Novelty And The Definition Of Prior Art, 26 J. Marshall L. Rev. 549 (1993), Kate H. Murashige Jan 1993

The Hilmer Doctrine, Self Collision, Novelty And The Definition Of Prior Art, 26 J. Marshall L. Rev. 549 (1993), Kate H. Murashige

UIC Law Review

No abstract provided.


An Overview Of Changes To The Patent Law Of The United States After The Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993), Richard C. Wilder Jan 1993

An Overview Of Changes To The Patent Law Of The United States After The Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993), Richard C. Wilder

UIC Law Review

No abstract provided.


Prior User Rights - A Necessary Part Of A First-To-File System, 26 J. Marshall L. Rev. 567 (1993), Gary L. Griswold, F. Andrew Ubel Jan 1993

Prior User Rights - A Necessary Part Of A First-To-File System, 26 J. Marshall L. Rev. 567 (1993), Gary L. Griswold, F. Andrew Ubel

UIC Law Review

No abstract provided.


How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal Jan 1993

How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal

UIC Law Review

No abstract provided.


Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang Jan 1993

Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang

Northwestern Journal of International Law & Business

These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …


The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy Jan 1993

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy

Faculty Scholarship

How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …


Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard Jan 1993

Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard

UIC Law Review

No abstract provided.


Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff Jan 1993

Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff

UIC Law Review

No abstract provided.


The Harmonization Of International Patent Law: Introduction, 26 J. Marshall L. Rev. 437 (1993), Donald S. Chisum Jan 1993

The Harmonization Of International Patent Law: Introduction, 26 J. Marshall L. Rev. 437 (1993), Donald S. Chisum

UIC Law Review

No abstract provided.


Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies Jan 1993

Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies

Michigan Journal of International Law

Accelerating deforestation in many tropical countries with the concomitant loss of plant species diversity incites increasing international concern. Until very recently, international environmental law tended to regard natural plant species as a "common heritage," a universal resource immune to private property claims. This common heritage approach to the problem of biodiversity loss has left the majority of plant species in a jurisprudential void, unprotected by property rights and subject to conflicting claims by countries with divergent goals. Unrelieved economic pressures force impoverished peoples in species-rich developing nations to resort to activities that ravage the forests, and the tragedy of biodiversity …


National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law Jan 1992

National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law

Penn State International Law Review (1982 - 2011)

No abstract provided.


Charles Dickens, International Copyright, And The Discretionary Silence Of Martin Chuzzlewit, Gerhard Joseph Jan 1992

Charles Dickens, International Copyright, And The Discretionary Silence Of Martin Chuzzlewit, Gerhard Joseph

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers Jan 1991

Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers

Northwestern Journal of International Law & Business

The courts of both the United States and the European Communities have upheld the legality of various licensing restrictions. One such restriction, the "field-of-use" restriction, is the subject of this article. A field-of-use restriction prohibits a licensee from realizing the benefits of the license in certain technical fields. Field-of-use restrictions are usually written as restricting use to a particular field rather than listing prohibited fields… This article first sets forth an economic justification for the legality of field-of-use restrictions, concluding that such restrictions are usually pro-competitive. The article then analyzes the relevant law in both the United States and the …


Protecting United States Intellectual Property Abroad: Toward A New Multilateralism, Marshall A. Leaffer Jan 1991

Protecting United States Intellectual Property Abroad: Toward A New Multilateralism, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


The Expert In U.S. And German Patent Litigation, James Maxeiner Jan 1991

The Expert In U.S. And German Patent Litigation, James Maxeiner

All Faculty Scholarship

The expert often plays a crucial role in patent litigation in both Germany and the United States. Determination of facts and application of law to facts frequently require a technical understanding that only an expert can provide. Despite the similarity of the problem of conveying information to the decision-maker, the role of the expert in the two systems and the manner in which the problem of providing technical knowledge necessary for the decision is solved are so very different, that German jurists who transfer their German experiences and expectations over to US procedures, are in danger of experiencing great disappointment …


The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King Jan 1991

The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Retroactivity And Reliance Rights Under Article 18 Of The Berne Copyright Convention, Katherine S. Deters Jan 1991

Retroactivity And Reliance Rights Under Article 18 Of The Berne Copyright Convention, Katherine S. Deters

Vanderbilt Journal of Transnational Law

This Note addresses the principle of retroactive copyright protection as it applies to new adherents to the Berne Convention for the Protection of Literary and Artistic Works (the Convention). The Note first examines the primary purposes of retroactivity as evidenced by the Convention's history and subsequent revisions. Next, the Note analyzes the language of the retroactivity principle as it appears in the most recent version of the Convention. The Note then discusses problems that may result from the United States recent adherence to the Convention. The author concludes that the current domestic copyright law of the United States violates international …


Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner Jan 1991

Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner

All Faculty Scholarship

Ob in Deutschland oder in den Vereinigten Staaten, der Sachverstaendige spielt haeufig eine entscheidende Rolle in einem Patentrechtsstreit. Die Erforschung der Tatsachen wie auch die Anwendung des Rechts erfordern oft ein technisches Verstaendnis, das nur ein Experte liefern kann. Das Problem, wie diese Informationen demjenigen, der das Urteil faellen muss, nahegebracht werden koennen, stellt sich in beiden Systemen gleichermassen. Allerdings sind die Rolle des Sachverstaendigen und die Art, wie diese Informationen uebertragen werden, hier und dort so verschieden, dass deutsche Juristen schwere Enttaeuschungen, wenn nicht sogar empfindliche Niederlagen befuerchten muessen, wenn sie ihre Vorstellungen und Erfahrungen auf den amerikanischen Prozess …


Authors And Exploitations In International Private Law: The French Supreme Court And The Huston Film Colorization Controversy, Jane C. Ginsburg, Pierre Sirinelli Jan 1991

Authors And Exploitations In International Private Law: The French Supreme Court And The Huston Film Colorization Controversy, Jane C. Ginsburg, Pierre Sirinelli

Faculty Scholarship

On May 28, 1991, France's Supreme Court, the Cour de cassation, rendered its long-awaited decision in Huston v. la Cinq, a controversy that opposed the heirs of film director John Huston against the French television station Channel 5 and its licensor, Turner Entertainment. Defendants sought to broadcast a colorized version of Huston's black and white film classic, The Asphalt jungle. Plaintiffs, John Huston's children and Ben Maddow, who collaborated with Huston on the film's screenplay, asserted that broadcast of a colorized version violated Huston's and Maddow's moral right of integrity in the motion picture. The central question before the Cour …


"Autocephalous Greek-Orthodox Church Of Cyprus V. Goldberg & Feldman Fine Arts, Inc".: Entrenchment Of The Due Diligence Requirement In Replevin Actions For Stolen Art, Stephen L. Foutty Nov 1990

"Autocephalous Greek-Orthodox Church Of Cyprus V. Goldberg & Feldman Fine Arts, Inc".: Entrenchment Of The Due Diligence Requirement In Replevin Actions For Stolen Art, Stephen L. Foutty

Vanderbilt Law Review

Art prices are reaching spectacular heights. Current estimates place annual worldwide retail sales between ten billion and forty billion dollars;' each auction season, bidders smash previous price records. For example, at a May 9, 1989 Sotheby's auction, a buyer paid 47.9 million dollars for Picasso's self-portrait "Yo-Picasso"; Gaugin's "Mata Mau (In Olden Times)" sold for 24.2 million dollars. The next day at Christie's, an investor purchased a Monet for 14.3 million dollars, twice it's estimated value.' The inflated prices have inspired people without a prior interest in art to conceive a sudden passion for collecting by any available means. As …


Realizing The European Community Common Market By Unifying Intellectual Property Law: Deadline 1992, Victor Vandebeek Nov 1990

Realizing The European Community Common Market By Unifying Intellectual Property Law: Deadline 1992, Victor Vandebeek

BYU Law Review

No abstract provided.


Berne-Ing The Soviet Copyright Codes: Will The U.S.S.R. Alter Its Copyright Laws To Comply With The Berne Convention?, William Scott Goldman Jan 1990

Berne-Ing The Soviet Copyright Codes: Will The U.S.S.R. Alter Its Copyright Laws To Comply With The Berne Convention?, William Scott Goldman

Penn State International Law Review (1982 - 2011)

What changes need to be made in the Soviet copyright codes in order to bring them into compliance with the provisions of Berne? And is it likely that these changes will be accomplished in the near future? This comment will attempt to answer these questions. While these issues have already been addressed in regard to the United States, nothing similar has yet been attempted for the Soviet Union. In light of the U.S.S.R.'s announcement of its intent to accede to the Berne Convention, this analysis is now more timely than ever.


Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West Jan 1990

Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West

Northwestern Journal of International Law & Business

The use of remote sensing of the earth by satellite has grown tremendously since the United States launched the first such satellite, Landsat 1, in 1972. In 1984, the Land Remote Sensing Commercialization Act began the gradual transfer of the United States Landsat program to the private sector. The Earth Observation Satellite Company (EOSAT) is the private operator licensed pursuant to the Act, and is preparing to launch the first privately-operated remote sensing satellite, Landsat 6, in 1991. The Commercialization Act requires operators to make raw data available to all users on a nondiscriminatory basis, but it does not preclude …


International Copyright From An American Perspective, Marshall A. Leaffer Jan 1990

International Copyright From An American Perspective, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


International Protection Of Intellectual Property Under The 1988 Trade Bill, Lee D. Green May 1989

International Protection Of Intellectual Property Under The 1988 Trade Bill, Lee D. Green

BYU Law Review

No abstract provided.


The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii Jan 1989

The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii

Penn State International Law Review (1982 - 2011)

The traditional concepts of copyright law are becoming inadequate to protect the interests of creators in today's global society. The reasons for such inadequacies stem from the emergence of satellite technology and a growing lack of consensus between copyright authors, publishers, and the general public, as to how the property interests should be compensated and enforced. This article is intended to form a foundation for meaningful discussion involving the reformation of the current basis of international copyright protection.


The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling Jan 1989

The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling

Faculty Scholarship

The United States Semiconductor Chip Protection Act of 1984 (“SCPA”') has already had a profound impact on the creation of foreign legal systems of chip protection. The allure of reciprocity under the SCPA has motivated a host of nations, including Japan, the Member States of the European Communities (“EC”'), Sweden, Finland, Canada, Australia, and Switzerland, to adopt or consider adopting chip protection legislation. The SCPA has also been the impetus for multilateral discussions within the World Intellectual Property Organization (“WIPO”') and the General Agreement on Tariffs and Trade (“GATT”') to establish an international standard of chip protection. The result has …


The Impact Of Berne On United States Copyright Law, David Nimmer Jan 1989

The Impact Of Berne On United States Copyright Law, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Fundamentals Of International Copyright: The Impact Of Berne The Framework Of International Copyright, Lionel S. Sobel Jan 1989

Fundamentals Of International Copyright: The Impact Of Berne The Framework Of International Copyright, Lionel S. Sobel

Cardozo Arts & Entertainment Law Journal

No abstract provided.