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Articles 721 - 750 of 1147
Full-Text Articles in Intellectual Property Law
The Transfer Of Technology And Unclos Iii, Douglas Yarn
The Transfer Of Technology And Unclos Iii, Douglas Yarn
Georgia Journal of International & Comparative Law
No abstract provided.
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
Georgia Journal of International & Comparative Law
No abstract provided.
International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein
Georgia Journal of International & Comparative Law
No abstract provided.
Agricultural Biotechnology: Drawing On International Law To Promote Progress, J. Janewa Oseitutu
Agricultural Biotechnology: Drawing On International Law To Promote Progress, J. Janewa Oseitutu
Faculty Publications
In Bowman v. Monsanto, the Supreme Court declined to apply the principle of exhaustion to limit the patentee’s ability to control the reproduction of self-replicating inventions. This decision was justified from a patent law perspective on the basis that patent holder has a right to prevent others from making the invention. But what happens when we take other perspectives into account? For instance, a farmer might have human rights or other rights that may need to be balanced against the patentee’s right. Since globalized intellectual property standards were established through international agreements and much of the resistance to intellectual property …
Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa Oseitutu
Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa Oseitutu
Faculty Publications
The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major …
The Tangled Web: Cross-Border Conflicts Of Copyright Law In The Age Of Internet Sharing, Elisabeth Fiordalisi
The Tangled Web: Cross-Border Conflicts Of Copyright Law In The Age Of Internet Sharing, Elisabeth Fiordalisi
Loyola University Chicago International Law Review
No abstract provided.
Global Data Meets 3-D Printing: The Quest For A Balanced And Globally Collaborative Solution To Prevent Patent Infringement In The Foreseeable 3-D Printing Revolution, Tyler Macik
Indiana Journal of Global Legal Studies
This Note explores a potential global solution to the foreseeable patent infringement problems with 3-D printing and do-it-yourself users. More specifically, at a time when 3-D printing is quickly gaining popularity and recognition for its many beneficial applications through advancements in printing and scanning technology, the current state of patent law lacks the ability to detect and prevent patent infringement among do-it-yourself users of 3-D printing. I propose a potential global solution that would provide a balance between fostering growth in 3-D printing and upholding patentees' rights by exploring the possibility of creating a collaborative, intergovernmental 3-D CAD file database …
Are We Serious About Performers' Rights?, Mary Lafrance
Are We Serious About Performers' Rights?, Mary Lafrance
Scholarly Works
Do performers have rights in the expressive works they help to create? Historically, the rights of performers have received far less attention that the rights of traditional authors. The law has been reluctant to recognize performers as authors and, to the extent that performers’ rights are recognized, they are secondary to, and more limited than, the rights of traditional authors. Recent developments, however, have brought performers’ intellectual property rights to the forefront. For a number of reasons, performers in the United States have increasingly begun to assert authorship rights in the works they help to create. In addition, recent international …
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Scholarly Works
The increasing frequency with which activities involving intellectual property (“IP”) cross national borders now warrants a clear definition of the territorial reach of national IP laws so that parties engaging in the activities can operate with sufficient notice of the laws applicable to their activities. Legislators, however, have not devoted adequate attention to the territorial delineation of IP law; in fact, legislators rarely draft IP statutes with any consideration of cross-border scenarios, and with few exceptions IP laws are designed with only single-country scenarios in mind. Delineating the reach of national IP laws is actually a complex matter because the …
The International Copyright Problem And Durable Solutions, Susy Frankel
The International Copyright Problem And Durable Solutions, Susy Frankel
Vanderbilt Journal of Entertainment & Technology Law
The calls for copyright reform at both the national and international level are growing louder. Many authors, owners, distributors, users, and consumers are dissatisfied with the current regime, but solutions are not easy to find. Existing rules are inadequate to deal with copyright in the digital world and partial solutions are not likely to be durable. The problems of copyright are not confined to one jurisdiction. Just as the creation and dissemination of copyright works are global, copyright's legal problems are an international problem. Existing international rules alone cannot provide the solution to this policy debate, but they do have …
Private International Law Aspects Of Authors' Contracts: The Dutch And French Examples, Jane C. Ginsburg, Pierre Sirinelli
Private International Law Aspects Of Authors' Contracts: The Dutch And French Examples, Jane C. Ginsburg, Pierre Sirinelli
Faculty Scholarship
Copyright generally vests in the author, the human creator of the work. But because, at least until recently, most authors have been ill-equipped to commercialize and disseminate their works on their own, the author has granted rights to intermediaries to market her works. Since most authors are the weaker parties to publishing, production, or distribution contracts, the resulting deal may favor the interests of the intermediary to the detriment of the author’s interests. Many national copyright laws have introduced a variety of corrective measures, from the very first copyright act, the 1710 British Statute of Anne, which instituted the author’s …
Agricultural Biotechnology: Drawing On International Law To Promote Progress, J. Janewa Osei-Tutu
Agricultural Biotechnology: Drawing On International Law To Promote Progress, J. Janewa Osei-Tutu
Articles
In Bowman v. Monsanto, the Supreme Court declined to apply the principle of exhaustion to limit the patentee's ability to control the reproduction of self-replicating inventions. This decision was justified from a patent law perspective on the basis that a patent holder has a right to prevent others from making the invention. But what happens when we take other perspectives into account? For instance, a farmer might have human rights or other rights that may need to be balanced against the patentee's right. Since globalized intellectual property standards were established through international agreements and much of the resistance to …
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
Brooklyn Journal of International Law
Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …
Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault
Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault
Articles, Book Chapters, & Popular Press
Presentation at the Private Use in EU Copyright Law Seminar, Adam Mickiewicz University in Poznań, Poland.
Mapping The Interface Between Human Rights And Intellectual Property, Laurence R. Helfer
Mapping The Interface Between Human Rights And Intellectual Property, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Appendix C - Office Of The United States Trade Representative Washington, D.C.-Fact Sheet, "Special 301" On Intellectual Property, Georgia Journal Of International And Comparative Law
Appendix C - Office Of The United States Trade Representative Washington, D.C.-Fact Sheet, "Special 301" On Intellectual Property, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law
Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Intellectual Property: Perspective Of The Developing World, Peter Gakunu
Intellectual Property: Perspective Of The Developing World, Peter Gakunu
Georgia Journal of International & Comparative Law
No abstract provided.
The Need For Adequate And Effective Protection Of Intellectual Property: Perspective Of The Private Sector - Patents, Peter C. Richardson
The Need For Adequate And Effective Protection Of Intellectual Property: Perspective Of The Private Sector - Patents, Peter C. Richardson
Georgia Journal of International & Comparative Law
No abstract provided.
Towards An Intellectual Property Agreement In The Gatt: View From The Private Sector, Carol J. Bilzi
Towards An Intellectual Property Agreement In The Gatt: View From The Private Sector, Carol J. Bilzi
Georgia Journal of International & Comparative Law
No abstract provided.
Intellectual Property Protection: A United States Priority, Richard A. Morford
Intellectual Property Protection: A United States Priority, Richard A. Morford
Georgia Journal of International & Comparative Law
No abstract provided.
Services, Intellectual Property And The Major Issues Of The Uruguay Round, Claude E. Barfield
Services, Intellectual Property And The Major Issues Of The Uruguay Round, Claude E. Barfield
Georgia Journal of International & Comparative Law
No abstract provided.
The Trade Act Of 1988 And The Mtns: Long-Term Planning And Reform, Charles A. Hunnicutt
The Trade Act Of 1988 And The Mtns: Long-Term Planning And Reform, Charles A. Hunnicutt
Georgia Journal of International & Comparative Law
No abstract provided.
Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.
Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman
Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman
Georgia Journal of International & Comparative Law
No abstract provided.
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
Georgia Journal of International & Comparative Law
No abstract provided.
The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn
The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Champagne Or Champagne? An Examination Of U.S. Failure To Comply With The Geographical Provisions Of The Trips Agreement, Leigh Ann Lindquist
Champagne Or Champagne? An Examination Of U.S. Failure To Comply With The Geographical Provisions Of The Trips Agreement, Leigh Ann Lindquist
Georgia Journal of International & Comparative Law
No abstract provided.
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Georgia Journal of International & Comparative Law
No abstract provided.
Exhaustion Of Trademark Rights Beyond The European Union In Light Of Silhouette International Schmied V. Hartlauer Handelsgesellschaft: Toward Stronger Protection Of Trademark Rights And Eliminating The Gray Market, Lisa Harlander
Georgia Journal of International & Comparative Law
No abstract provided.