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Articles 691 - 720 of 1147
Full-Text Articles in Intellectual Property Law
The ‘Objectives’ And ‘Principles’ Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade
The ‘Objectives’ And ‘Principles’ Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade
Forthcoming Articles
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 …
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
UIC Review of Intellectual Property Law
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …
Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline
UIC Review of Intellectual Property Law
No abstract provided.
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
UIC Review of Intellectual Property Law
No abstract provided.
Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016), Kevin Ray
UIC Review of Intellectual Property Law
The historical conditions under which indigenous (and specifically Native American) cultural heritage objects have been collected present tremendous difficulties, since collecting efforts were frequently influenced, or even directed, by racist or colonialist ideologies. Recent decades have seen efforts to redress past wrongs, as well as to correct misunderstandings and misrepresentations. The restitution and repatriation processes of the Native American Graves Protection and Repatriation Act of 1990, enacted as human rights legislation, provide powerful, but imperfect tools for the protection of Native American cultural heritage. The challenges are both domestic and international. Recent French auction sales of Hopi, Zuni, and Navajo …
Illusory Borders: The Myth Of The Modern Nation-State And Its Impact On The Repatriation Of Cultural Artifacts, 15 J. Marshall Rev. Intell. Prop. L. 486 (2016), Lubna El-Gendi
UIC Review of Intellectual Property Law
While the current world order of independent nation-states may seem like a natural state that has existed for centuries, in reality, it is a relatively new development that was forged after the demise of imperial rule. Yet, the nation-state is the foundational entity of our current international political and legal framework. International treaties and relations are structured around the nation-state, which is recognized as the core entity in which rights are vested and on which obligations are imposed. This prioritization of the nation-state leads to issues when we consider the repatriation of cultural heritage, particularly in light of the history …
Amber Tears And Copyright Fears: The Inadequate Protection Of Cultural Heritage In The United States, 15 J. Marshall Rev. Intell. Prop. L. 543 (2016), Ingrida Latoza
UIC Review of Intellectual Property Law
The United States is comprised of many different cultural communities, each rich with expressions of language and custom. Cultural diversity promotes respect among individuals and harmonizes differences between communities—nationally and globally. Through the preservation of cultural heritage, diversity is maintained. Since World War II, with the exile of many from Lithuania, members of the Lithuanian-American community have strived to maintain the cultural heritage of their beloved homeland. After several decades, a Lithuanian-American cultural identity has developed, creating unique and individual traditions, adding to the cultural heritage of the United States as a whole. Most of the international community has adopted …
The Korea Database: Wipo-Administered Udrp Decisions, The First Fifteen Years (2000–2014), Ilhyung Lee
The Korea Database: Wipo-Administered Udrp Decisions, The First Fifteen Years (2000–2014), Ilhyung Lee
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii
Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho
A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho
Faculty Publications & Other Works
This Article discusses an important, yet understudied threat to patent, as well as other intellectual property sovereignty under TRIPS: pending and potential challenges by companies under international agreements protecting investments. Although such agreements have existed for decades, Philip Morris and Eli Lilly are blazing a new path for companies to sue countries they claim interfere with their intellectual property rights through so-called investor-state arbitrations. These suits seek hundreds of millions in compensation and even injunctive relief for alleged violations of internationally agreed intellectual property norms. The suits fundamentally challenge TRIPS flexibilities at the very time the Declaration on Patent Protection …
International Collaboration On Ip/Access To Medicines: Birth Of South Africa’S Fix The Patent Laws Campaign, Brook J. Baker
International Collaboration On Ip/Access To Medicines: Birth Of South Africa’S Fix The Patent Laws Campaign, Brook J. Baker
NYLS Law Review
No abstract provided.
The Uncoordinated Public Domain, Robert Spoo
The Uncoordinated Public Domain, Robert Spoo
Cardozo Arts & Entertainment Law Journal
When nations amend their copyright laws in response to calls for international harmonization, they usually expand authors' rights without also seeking to harmonize national public domains. Divergent national copyright laws have resulted in an uncoordinated global public domain that renders authors' works freely available for use in some countries while subjecting them to copyright or moral-rights protection in others. While the fragmented global commons thwarts many valuable uses of cultural resources, it has especially deleterious effects on the ability of researchers to access, copy, and disseminate historical and literary materials, many of which remain unpublished. These effects are mirrored and …
Copyright In Pantomime, Brian L. Frye
Copyright In Pantomime, Brian L. Frye
Cardozo Arts & Entertainment Law Journal
Why does the Copyright Act specifically provide for the protection of "pantomimes"? This Article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of "les pantomimes" and "entertainments in dumb show" in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to '"pantomimes " was forgotten. This Article argues …
The Biblical Fool And The Brander: The Law And Economics Of Propertization In American Trademark Law, William P. Kratzke
The Biblical Fool And The Brander: The Law And Economics Of Propertization In American Trademark Law, William P. Kratzke
Cardozo Arts & Entertainment Law Journal
Isaiah 35:8, which tells of 'fools" upon a highway who shall not err, became authority for the position that the Federal Trade Commission (FTC) should protect fools from deception. This Article examines the biblical passage in context and concludes that it does not support protection of unthinking, credulous people. Ensuing FTC orders based on witnesses' speculation of how fools would construe particular claims actually harmed fools. The FTC retreated Unfortunately, the objective of protecting fools from deception has taken over § 43(a) Lanham Act jurisprudence-but now sellers speculate in competitor lawsuits how fools will construe competitors' claims and undertake to …
Five Decades Of Intellectual Property And Global Development, Peter K. Yu
Five Decades Of Intellectual Property And Global Development, Peter K. Yu
Faculty Scholarship
The 2016-2017 biennium marks the historical milestones of several major pro-development initiatives relating to intellectual property law and policy. These important milestones include the Intellectual Property Conference of Stockholm in 1967, the adoption of the Declaration on the Right to Development (UNDRD) in 1986 and the establishment of the WIPO Development Agenda in 2007.
On January 1, 2016, the UN Sustainable Development Goals (SDGs) also came into force. Adopted by the UN General Assembly in September 2015, the 2030 Agenda for Sustainable Development featured 17 SDGs and 169 targets. Prominently mentioned in Target 3.b of SDG 3 are the WTO …
A Golden Opportunity: Supporting Up-And-Coming U.S. Luxury Designers Through Design Legislation, Shieva Salehnia
A Golden Opportunity: Supporting Up-And-Coming U.S. Luxury Designers Through Design Legislation, Shieva Salehnia
Brooklyn Journal of International Law
This Note examines the necessity of creating clothing design protection legislation in the United States as a catalyst for up-and-coming designers to compete with European Union luxury conglomerates in reaching the new, emerging middle class in mainland China. It first discusses the current international intellectual property regimes pertinent to creative expression and brand ownership in the context of the fashion industry and clothing design. It looks at how international agreements may provide general harmonization strategies for trademark protection but leave up-and-coming brands and designers out of its framework. It also provides a brief overview of the persistence and prevalence of …
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
Journal of Law and Policy
Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …
La Publication En Libre Accès Au Cœur De La Demande Européenne. État Des Lieux Et Enjeux Juridiques En Matière De Diffusion De La Recherche, Lucie Guibault
La Publication En Libre Accès Au Cœur De La Demande Européenne. État Des Lieux Et Enjeux Juridiques En Matière De Diffusion De La Recherche, Lucie Guibault
Articles, Book Chapters, & Popular Press
Impulsées par le numérique, de nouvelles méthodes de travail scientifique se sont développées, favorisant la diffusion et le partage des résultats et des données de la recherche dans un objectif d’intérêt public. Dans ce nouveau contexte, les acteurs de la recherche s’appuient de plus en plus sur des programmes européens afin de financer leurs projets scientifiques. Or, les pays de l’Union européenne ne sont pas dotés d’une législation harmonisée en matière de droit d’auteur. Ces nouveaux modes de diffusion bouleversent les systèmes de pensée, les modèles économiques mais aussi les usages. Une journée d'étude permettra d'aborder ces questions.
Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao
Catholic University Journal of Law and Technology
No abstract provided.
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
Catholic University Journal of Law and Technology
No abstract provided.
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Georgia Journal of Law & Technology
No abstract provided.
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
Michigan Journal of International Law
The intellectual property landscape is changing. As Jerry Reichman once observed, intellectual property rights were islands in a sea of the public domain until domestic laws expanded to include such “innovations” as business methods, software, scents, and sounds and turned the public domain into a pond surrounded by a continent of rights. Reichman spoke towards the end of the 20th century, and whatever problems accompanied this change, in truth (to paraphrase Voltaire’s view of the Holy Roman Empire), the concept of “intellectual property rights” was predominantly about neither “property” nor “rights” (nor was it always “intellectual”). Rather, copyright, patent, and …
Contemporary Practice Of The United States Relating To International Law, July 2015, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, July 2015, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • Agreement on Iran Nuclear Program Goes into Effect • United States and China Reach Agreement Regarding Economic Espionage and International Cybersecurity Norms • United States Ratifies the International Convention for the Suppression of Acts of Nuclear Terrorism • United States Reaches Agreement with Turkey on Use of Incirlik Air Base for Strikes on ISIL; “Safe Zone” Not Part of the Deal
Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza
Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza
Nevada Law Journal
No abstract provided.
Pirates Or Privateers: Examining The Risks Of Conflicting International Regimes Through The Lens Of U.S.-Gambling, Eric A. Heath
Pirates Or Privateers: Examining The Risks Of Conflicting International Regimes Through The Lens Of U.S.-Gambling, Eric A. Heath
Georgia Journal of International & Comparative Law
No abstract provided.
Anatomy Of A Design Regime, Kathryn C. Moore
Anatomy Of A Design Regime, Kathryn C. Moore
Indiana Journal of Global Legal Studies
Since the European Union adopted uniform sui generis design rights, an increasingly complex system of cumulative and overlapping intellectual property rights has emerged. While such harmonization offers several benefits, analyzing the interpretation and application of narrow legal requirements within the EU Community Design Rights may indicate whether such benefits will actually be realized. This paper examines Regulation 6/2002's definitions of "informed user" and "overall impression" as they apply to registered designs. After summarizing relevant case law and considering underlying policy goals of the EU Community design legislation, this paper explores whether these definitions could be more efficient and intellectually honest …
Privatizing Human Rights? Creating Intellectual Property Rights From Human Rights Principles, David S. Welkowitz
Privatizing Human Rights? Creating Intellectual Property Rights From Human Rights Principles, David S. Welkowitz
Akron Law Review
This article focuses on one human rights treaty, the Convention, and the possible uses of its provisions to secure and expand intellectual property rights (“IP rights”). Although the Convention does not contain any provision specifically referencing IP rights, it does contain several provisions that could be used to expand IP rights. Furthermore, the existence of a substantial body of interpretive case law from the ECHR affords us a more detailed perspective on the manner in which the Convention could be used to further IP rights. Finally, the group of countries adhering to the Convention, though all part of Europe, represent …
The Marrakesh Treaty And The Targeted Uses Of Copyright Exhaustion, Marketa Trimble
The Marrakesh Treaty And The Targeted Uses Of Copyright Exhaustion, Marketa Trimble
Boyd Briefs / Road Scholars
Prof. Marketa Trimble presented The Marrakesh Treaty and the Targeted Uses of Copyright Exhaustion at the International IP Scholars Roundtable held at Duke Law School on May 1, 2015.
Expired Patents, Saurabh Vishnubhakat
Expired Patents, Saurabh Vishnubhakat
Catholic University Law Review
This article presents a comprehensive empirical description of the public domain of technologies that have recently passed out of patent protection. From a new dataset of over 300,000 patents that expired during 2008–2012, the study examines technological, geographical, and procedural traits of newly public inventions as a basis for exploring the social value associated with their competitive use. Moreover, comparing these inventions to inventions newly patented during the same period enables more specific discussion of how the balance of innovation in the United States continues to change.
International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson
International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.