Intellectual Property Law Commons^™

Private Party Enforcement Of International Intellectual Property Law, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these slides in conjunction with her talk Private Party Enforcement of International Intellectual Property Law, given at the 35th Annual Teaching and Research in Intellectual Property Conference (ATRIP) held in Krakow on June 26 - 29, 2016.

The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon

Georgia Journal of Law & Technology

No abstract provided.

Coco Way Before Chanel: Protecting Independent Fashion Designers’ Intellectual Property Against Fast-Fashion Retailers, Tiffany F. Tse

Catholic University Journal of Law and Technology

No abstract provided.

Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin

Catholic University Journal of Law and Technology

No abstract provided.

Corporate Power Unbound: Investorstate Arbitration Of Ip Monopolies On Medicines—Eli Lilly V. Canada And The Trans-Pacific Partnership Agreement, Brook K. Baker, Katrina Geddes

Georgia Journal of Law & Technology

No abstract provided.

The International Law Relation Between Trips And Subsequent Trips-Plus Free Trade Agreements: Towards Safeguarding Trips Flexibilities?, Henning Grosse Ruse-Khan

Georgia Journal of Law & Technology

No abstract provided.

The Trademark As A Novel Innovation Index, Brian J. Focarino

The Journal of Business, Entrepreneurship & the Law

When studying the relationship that exists between entrepreneurship and intellectual property, patents receive the most scholarly attention. The attention makes sense when we consider that patents are closely associated with technical progress, grant temporary monopolies that incentivize investment in research & development (R&D), and function as vectors of technological dissemination in and of themselves. In a number of industries however, conventional forms of innovation often associated with patenting are minimal or missing altogether, and require us to look elsewhere to discern innovative behavior. This Essay highlights novel applications for trademark law to entrepreneurial activity in low-technology industries and low-financing locations …

Colloquium On Certain Legal Aspects Of Foreign Investment In Mexico: Regulations Of Capital Investment, Patent And Trademarks, And Transfer Of Technology (Introduction And Initial Comments), Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.

Internationalization And Local Elements: Research On Recent Amendments To The Trademark Law Of China, Xiaoqing Feng

Akron Intellectual Property Journal

This article will explore varying aspects of the amendments of the Chinese Trademark Law. Part Two deals with detailed analysis and the reasons for the third amendment of the Trademark Law; this part is composed of five sections. The first section discusses the perfection of the application system for trademark registration, including the increase of the number of elements eligible for trademark registration, the implementation of “one trademark for multi categories,” the improvement of the system of opposition, the introduction of a proposal review system, and the availability for submitting electronic applications. The second section discusses (1) the improvement of …

The Experiences Of Trips-Compliant Patent Law Reforms In Brazil, India, And South Africa And Lessons For Bangladesh, M. Monirul Azam

Akron Intellectual Property Journal

This study analyzes the policy options used by Brazil, India, and South Africa in their transitions to a TRIPS-compliant patent law and their introduction of pharmaceutical patents. This comparative review can be used to explore possible policy options that can also be utilized by LDCs, including Bangladesh.

How (Not) To Discourage The Unscrupulous Copyist, Peter Ludwig

Akron Intellectual Property Journal

This article explores how the U.S. and Japanese courts implement the doctrine of equivalents when determining patent infringement. The doctrine of equivalents is a balance of, on one hand, the public's interest to know the metes and bounds of the patent, and on the other hand, the private interest of the patentee to be granted a sufficient scope for the granted patent. After comparing and contrasting the implementation of the doctrine in Japan and the United States, I propose a new method that places the burden on the patent practitioner, before infringement proceedings begin, to determine the proper scope of …

Russia And Allofmp3.Com: Why The Wto And Wipo Must Create A New System For Resolving Copyright Disputes In The Digital Age, Brian A. Benko

Akron Intellectual Property Journal

This article uses Russian law and Russian-based AllofMP3.com to analyze the private dispute resolution system of the World Intellectual Property Organization 14 ("WIPO"), and the nation-based dispute resolution system of the World Trade Organization 15 ("WTO"). Section I provides an overview of AllofMP3.com and the current system of resolving international copyright dispute. Section 11 applies and analyzes the WIPO Center's private party based dispute resolution system, and the WTO's nation based dispute resolution system. Section III proposes a new system for resolving international copyright disputes in the Digital Age. Section IV concludes this article with a few thoughts on the …

Patent Litigation In Japan, David W. Hill, Shinichi Murata

Akron Intellectual Property Journal

This article will explore how patent litigation in Japan has changed and will also compare and contrast aspects of patent litigation in the U.S. and Japan.

In Part II, we show recent statistical data on Japanese patent infringement litigation. Parts III and IV briefly review the Japanese judicial system and legal professionals in the area of intellectual property. Part V addresses patent-infringement actions in Japan and the recent amendments of the Code of Civil Procedure and the Patent Law. Next, Parts VI and VII discuss infringement analysis and possible defenses in patent-infringement litigation. Part VIII reviews how to calculate the …

Convergence After All? A Comparative View On The U.S. And Eu Trademark System In The Light Of The "Trade Mark Study", Annette Kur

Georgia Journal of Law & Technology

No abstract provided.

A Second Look At First Sale: An International Look At U.S. Copyright Exhaustion, Alexander B. Pope

Georgia Journal of Law & Technology

No abstract provided.

On The Origins Of Le Droit Moral: How Non-Economic Rights Came To Be Protected In French Ip Law, Susan P. Liemer

Georgia Journal of Law & Technology

No abstract provided.

Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba

Georgia Journal of Law & Technology

No abstract provided.

The Costs Of Harmonization: The Embrace Of An International Copyright Regime In Golan V. Holder, Angelie Thomas

Journal of International and Comparative Law

No abstract provided.

Seeing Color: Implications Of The European Union's New Common Practice For Transatlantic Trademark Registration By United States Trademark Holders, Christine Park

Seattle University Law Review

This Note explores two issues related to the EU’s new common practice: (1) whether the new common practice will deter ongoing efforts to integrate trademark registration and protection at the international level; and (2) whether U.S. trademark holders, when expanding business into the EU, should register through the Madrid Protocol and obtain Community Trade Mark or register through a country’s trademark office. This Note argues that the new trademark practice hinders international efforts for standardizing trademark registration and that U.S. trademark holders should claim color when registering their marks with the EU.

Undetected Conflict-Of-Laws Problems In Cross-Border Online Copyright Infringement Cases, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented her paper, “Undetected Conflict-of-Laws Problems in Cross-Border Online Copyright Infringement Cases" at the 16th Annual Intellectual Property Scholars Conference held at Stanford Law School in Palo Alto, CA, on August 12, 2016. The presentation was one of five in a session devoted to Empirical Copyright.

Abstracts and information about other sessions at the conference are available on the Intellectual Property Scholars Conference website.

Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation, Aaron C. Young

Cybaris®

No abstract provided.

From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris

UIC Review of Intellectual Property Law

This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his prognosis for …

The Role Of Human Rights In Copyright Enforcement Online: Elaborating A Legal Framework For Website Blocking, Christophe Geiger, Elena Izyumenko

American University International Law Review

No abstract provided.

Copyright Divisibility And The Anticommons, Jyh-An Lee

American University International Law Review

No abstract provided.

Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said

American University International Law Review

No abstract provided.

Safeguards For Defendant Rights And Interests In International Intellectual Property Enforcement Treaties, Kimberlee Weatherall

American University International Law Review

No abstract provided.

The Effect Of The 1886 Berne Convention On The U.S. Copyright System's Treatment Of Moral Rights And Copyright Term, And Where That Leaves Us Today, Samuel Jacobs

Michigan Telecommunications & Technology Law Review

The 1886 Berne Convention was the most influential copyright related treaty for over a century, and provided important minimum substantive protections for authors. Key provisions included the establishment of the principle of National Treatment, the abolishment of formalities in order to receive copyright protection, a required copyright term of life of the author plus fifty years, and most offensive to the U.S. copyright system, the mandate that signatories provide authors non-economic moral rights. Despite the international importance and widespread acceptance of the Berne Convention, the U.S. did not join the Convention for over one hundred years, making it one of …

International Intellectual Property Law, Caroline Berube, Susan Brushaber, Amanda Covington, Manish Dhingra, Robin S. Fahlberg, Carolina Keller Jupitz, Jennifer Kwon, Mrityunjay Kumar, Daniel Marugg, Bruce A. Mcdonald

The International Lawyer

No abstract provided.

International Intellectual Property Shelters, Sam F. Halabi

Faculty Publications

The battle over the reach and strength of international protections for intellectual property rights is one of the critical flashpoints between wealthy and low-income countries: those protections are perceived to obstruct access to essential medicines, thwart regulatory efforts to promote individual and population health, and undermine traditional forms of agriculture and food production. While scholars have thoroughly tracked the bilateral and multilateral trade and investment treaties responsible for the expansion of international intellectual property rights worldwide, they have paid significantly less attention to the strength and form that opposition to international intellectual property expansion has taken. This Article examines the …

The ‘Objectives’ And ‘Principles’ Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade

Osgoode Legal Studies Research Paper Series

Articles 7 and 8 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) are entitled ‘Objectives’ and ‘Principles’ respectively. These provisions occupy a prominent position within the text of the Agreement, yet have figured sparingly in the legal reasoning of the WTO Dispute Settlement Body (DSB). The illogical nature of this discrepancy is accentuated when considered in light of four key factors. First, the pioneering step taken by the negotiators of the TRIPS Agreement to include broad declarations of intent within the legally operative text. Second, the 2001 reinforcement given to the authority of these provisions through …