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Articles 2701 - 2730 of 2855

Full-Text Articles in Intellectual Property Law

Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety Jan 1997

Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety

Articles

No abstract provided.

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The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen Jan 1997

The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen

Seattle University Law Review

Part I of this Article briefly introduces the five main legal issues related to Internet use in Taiwan. Part II discusses network-related copyright issues, including the doctrine of fair use, personal and corporate use of the Internet, and one of the first court cases in Taiwan on this issue. Part III discusses issues arising from commercial activity on the Internet, including the validity of on-line contracts, the use of digital signatures for authentication, and the applicability of Taiwan's Broadcasting and Television Law, Cable Television Law, and Fair Trade Law to regulating commercial advertising on the Internet. Part IV discusses the …

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Privileged Use: Has Judge Boudin Suggested A Viable Means Of Copyright Protection For The Nonliteral Aspects Of Computer Software In Lotus Development Corp.V. Borland International , David M. Maiorana Oct 1996

Privileged Use: Has Judge Boudin Suggested A Viable Means Of Copyright Protection For The Nonliteral Aspects Of Computer Software In Lotus Development Corp.V. Borland International , David M. Maiorana

American University Law Review

No abstract provided.

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Intellectual Property Issues In Genomics, Rebecca S. Eisenberg Aug 1996

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

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Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber Jan 1996

Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber

All Faculty Scholarship

No abstract provided.

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Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina Jan 1996

Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina

UIC John Marshall Journal of Information Technology & Privacy Law

In an attempt to facilitate a single European marketplace, EU directives tried to amend its laws and regulations to accommodate the ever-advancing technology of the Internet. In tackling the issues, the authors discuss different layers of the Internet as laying the foundation for further analysis. Digital data networks are virtual networks; they are composed of a series of unrelated networks with each potentially owned and operated by different person. While the physical layers of such networks are important, the focus of this article is on the data layer: the layer that packages the data in a very efficient manner. This …

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Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes Jan 1996

Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes

UIC John Marshall Journal of Information Technology & Privacy Law

In 1985, two executives at Encyclopedia Britannica, Inc. introduced the idea of a multimedia search system that interfaxed textual and graphical entry paths in a single database. At that time, Encyclopedia Britannica was not interested in publishing its own volumes of encyclopedias in an electronic format. Instead, they decided to make Compton’s Encyclopedia the basis of the proposed multimedia encyclopedia. On August 31, 1993, the PTO issued U.S. patent 5,241,671 for a multimedia search system to fourteen inventors who had previously assigned all their patent rights of the claimed invention to Encyclopedia Britannica. Questions arose about the validity of the …

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Software Protection Against Third Parties In Belgium, 14 J. Marshall J. Computer & Info. L. 661 (1996), Philipe Péters, Florence Verhoestraete Jan 1996

Software Protection Against Third Parties In Belgium, 14 J. Marshall J. Computer & Info. L. 661 (1996), Philipe Péters, Florence Verhoestraete

UIC John Marshall Journal of Information Technology & Privacy Law

On June 30, 1994, Belgium became the first nation in Europe that incorporated Directive 91/250/EEC into a specific law, the "Software Act." Unlike many other countries that deal with copyright issues involving software, Belgium enacted the Software Act to satisfy the practical and specific need to protect software. In this introductory article on Belgium’s protection of software, the author discusses the main provisions of the Software Act while making reference to the Copyright Act since computer programs are also protectable through patent, trademark or unfair competition laws. In furthering its commitment under the Berne Convention, Belgium enacted the Software Act …

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Intellectual Property Protection Of Software In Canada, 14 J. Marshall J. Computer & Info. L. 673 (1996), A. David Morrow, P. Bradley Limpert Jan 1996

Intellectual Property Protection Of Software In Canada, 14 J. Marshall J. Computer & Info. L. 673 (1996), A. David Morrow, P. Bradley Limpert

UIC John Marshall Journal of Information Technology & Privacy Law

In Canada, the Criminal Code and the Copyright Act explicitly protect computer software programs while existing patent, trademark/trade secret and fiduciary duty laws also extent their protection to computer software. In this article, the author gives an overview of computer software protection under Canadian laws and analyzes courts’ applications of these laws to software by examining several caselaws. Computer software may be protected as trade secrets and thus may be part of a contractual agreement between parties. In the absence of an explicit agreement, Canadian laws imposes an implied non-disclosure duty on employees concerning trade secrets acquired in the scope …

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The Protection Of Computer Software In The People's Republic Of China: Current Law & Case Developments In The "One-Copy" Country, 14 J. Marshall J. Computer & Info. L. 695 (1996), Geoffrey T. Willard Jan 1996

The Protection Of Computer Software In The People's Republic Of China: Current Law & Case Developments In The "One-Copy" Country, 14 J. Marshall J. Computer & Info. L. 695 (1996), Geoffrey T. Willard

UIC John Marshall Journal of Information Technology & Privacy Law

Since late 1970s, the Chinese economy has grown tremendously. Meanwhile, its intellectual property has also improved as a consequence of foreign pressures on the so-called “one-copy” country. China protects computer software under its copyright law, but the protection contains numerous loopholes which render its broad purpose meaningless. While the Act protects software in general, specific aspects of that protection are treated separately. The Act also creates exceptions and uses ambiguous terms to give the government leeway to reap fruits of software engineers without compensating it. In analyzing litigated software infringement cases, the author, though praising the impact of the decisions, …

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Intellectual Property Protection Of Software In Ireland, 14 J. Marshall J. Computer & Info. L. 717 (1996), Francis Hackett Jan 1996

Intellectual Property Protection Of Software In Ireland, 14 J. Marshall J. Computer & Info. L. 717 (1996), Francis Hackett

UIC John Marshall Journal of Information Technology & Privacy Law

There are over eight thousand people in Ireland employed in the software industry by several multinational corporations, including Microsoft, Novell, Lotus and Corel. Although there has not yet been much Irish case law addressing the protection of computer software, there are adequate statutory protections in place. The Directive on the Legal Protection of Computer Programs (“Regulations”) provides copyright protection for all original computer programs. Ideas and underlying principles are not protected by copyright under the Regulations but the English High Court has clarified this general rule by stating detailed ideas may be copyrighted. The Regulations provide some exclusive rights to …

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Computer Software Protection In The Netherlands, 14 J. Marshall J. Computer & Info. L. 725 (1996), Jaap H. Spoor Jan 1996

Computer Software Protection In The Netherlands, 14 J. Marshall J. Computer & Info. L. 725 (1996), Jaap H. Spoor

UIC John Marshall Journal of Information Technology & Privacy Law

This article provides an overview of the laws currently in use for the protection of the intellectual property of software in the Netherlands. The analysis focuses primarily on all aspects of copyright law, which include sources of copyright law, protectable subject matter, ownership and transfer of copyright and licensing, economic rights and user's prerogatives, moral rights, copyright infringement in computer software and remedies for infringement. The article also briefly discusses other methods of protection for the intellectual property of computer software in the Netherlands, including patents, trade secrets, semiconductor chip protection and trademarks.

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Software Protection In The Commonwealth Of Puerto Rico, 14 J. Marshall J. Computer & Info. L. 745 (1996), Diego A. Ramos Jan 1996

Software Protection In The Commonwealth Of Puerto Rico, 14 J. Marshall J. Computer & Info. L. 745 (1996), Diego A. Ramos

UIC John Marshall Journal of Information Technology & Privacy Law

This article begins by examining the unique political circumstances of Puerto Rico, as a territory of the United States. It then explains the different federal and national systems that govern patent and copyright protection in Puerto Rico. The article details the conflict between the two systems and outlines the way the federal laws of the United States take precedent over the local laws of Puerto Rico in the areas of copyright and trademark. It analyzes the laws of Puerto Rico which provide protection for "moral rights" in the European tradition, which the United States does not recognize. The article also …

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Intellectual Property Protection For Software In Spain, 14 J. Marshall J. Computer & Info. L. 767 (1996), Hugo Ecija Jan 1996

Intellectual Property Protection For Software In Spain, 14 J. Marshall J. Computer & Info. L. 767 (1996), Hugo Ecija

UIC John Marshall Journal of Information Technology & Privacy Law

The author provides a brief overview of Spain’s intellectual property protection of software. The author discusses Act 22/87 which is the foundation of copyright law in Spain and regulates all kinds of works; literary, artistic, and scientific. In Spain, copyright laws protect computer programs as literary works. The broad definition of a "computer program" includes the object code as well as the source code, operating system programs, the microcode within the central processing unit, and the programming language and interface. As a member of the European Community (EC), Spain enacted "Directive 91/250" for legal protection of computer programs. The author …

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The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long Jan 1996

The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long

UIC John Marshall Journal of Information Technology & Privacy Law

As we approach the year 2001, one of the critical issues facing the international community is the level and scope of protection to be afforded technology and technology based products. Technology and property laws share a unique relationship. Intellectual property laws serve as a potential source for technology protection. Technology if subject to protection is generally protectable under a country's patent or copyright for compact disc recordings. In addition to the forms of intellectual property, many nations also provide protection for the "rights neighboring" to traditional intellectual property rights. The absence of a uniform definition for traditional forms of intellectual …

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Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon Jan 1996

Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon

UIC John Marshall Journal of Information Technology & Privacy Law

A conflict exists between copyright law and antitrust policy. The conflict arises because pursuant to the Copyright Act, a copyright owner basically has a monopoly on the work's circulation throughout the market. Copyright protection benefits the owner and the public. Antitrust laws have the same goals. However, the antitrust laws balance these goals with competition in the market. Furthermore, computer programs complicate matters because the programs create a different problem than with other types of works. The Copyright Act states that "expression" is copyrightable and "ideas" are not. Computer programs, however, combine expression and ideas. Three types of copying are …

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Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg Jan 1996

Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg

Book Chapters

Intellectual property is a broad heading used to refer to a wide variety of rights associated with inventions, discoveries, writings, artistic works, product designs, and designations of the source of goods and services. Patents and trade secrets are the most important of these sorts of intellectual properties in the field of biotechnology. One aspect of intellectual property that distinguishes it sharply from other forms of property-and for some people makes it harder to justify-is that intellectual properties may be possessed and used by many people simultaneously. This is not so for tangible property. If someone borrows my car, I cannot …

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To Patent Or Not To Patent: Gene Therapy In The European Union And The United States, Nada Jain Jan 1996

To Patent Or Not To Patent: Gene Therapy In The European Union And The United States, Nada Jain

Cardozo Journal of International and Comparative Law

The note examines the role of patent systems in the biotechnology industry, particularly in gene therapy, comparing the approaches of the EU and the U.S. It highlights how differences in patentability standards, such as the exclusion of treatment methods in the EU versus broader protections in the U.S., impact innovation and investment. The analysis emphasizes the need for balanced patent policies that foster innovation while addressing ethical concerns.

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Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg Jan 1996

Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg

Articles

This article revisits the logical and empirical basis for current government patent policy in order to shed light on the competing interests at stake and to begin to assess how the system is operating in practice. Such an inquiry is justified in part by the significance of federally-sponsored research and development to the overall U.S. research effort. Although the share of national expenditures for research and development borne by the federal government has declined since 1980, federal funding in 1995 still accounted for approximately thirty-six percent of total national outlays for research and development' and nearly fifty-eight percent of outlays …

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Ice Patch On The Information Superhighway: Foreign Liability For Domestically Created Content, Alexander Gigante Jan 1996

Ice Patch On The Information Superhighway: Foreign Liability For Domestically Created Content, Alexander Gigante

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Digital Performance Right In The Sound Recordings Act Of 1995: Can It Protect U.S. Sound Recording Copyright Owners In A Global Market?, Rebecca F. Martin Jan 1996

The Digital Performance Right In The Sound Recordings Act Of 1995: Can It Protect U.S. Sound Recording Copyright Owners In A Global Market?, Rebecca F. Martin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg Jan 1996

Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg

Articles

The Human Genome Project provides fertile ground for studying the role of intellectual property at the wavering boundary between public and private research science. It involves a major commitment of both public and private research funds in an area that is of significant interest both to research scientists working in university and government laboratories and to commercial firms. It thus provides a wealth of new scientific discoveries that are simultaneously potential candidates for commercial development and inputs into further research. Its obvious implications for human health raise the stakes of getting the balance between private property and public access right, …

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Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren Jan 1996

Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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A New Use For An Old License: Who Owns The Right?, Barbara D. Griff Sep 1995

A New Use For An Old License: Who Owns The Right?, Barbara D. Griff

Cardozo Law Review

In order to establish this referential background, this Note begins in Part I with a look at historic new use cases focusing on whether a grant of dramatic rights included motion picture rights, whether a grant of silent motion picture rights included rights to talkies, and whether motion picture rights included television rights. Part I continues with a survey of the current landscape and provides an overview of cases involving a grant of motion picture or television rights seeking to include videocassette rights when the original contract was signed prior to the invention or popularization of the video cassette recorder …

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[email protected] - “Owning A Bitchin’ ” Corporate Trademark As An Internet Address - Infringement?, James West Marcovitz Sep 1995

[email protected] - “Owning A Bitchin’ ” Corporate Trademark As An Internet Address - Infringement?, James West Marcovitz

Cardozo Law Review

Is the unauthorized use of a famous trademark as an Internet address infringement? In other words, to what extent may an individual, business, or corporation use another's trade or service mark. The Lanham Act prohibits the use of "any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services ... [which] is likely to cause confusion" as to the source of the goods or services in question. This Note examines whether the Lanham Act, in its current form, can be used to enjoin the …

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Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein Jan 1995

Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the issues inherent in patenting software-related inventions, particularly where mathematical algorithms are concerned. Software-related inventions are difficult to patent because they often contain mathematical algorithms, and mathematical algorithms are not patentable subject matter. The PTO recognizes that this approach -- simply identifying the algorithm-containing software as non-patentable -- precludes the need to address the more difficult test of whether software-related inventions are new or not obvious over prior art. The author proposes an improved examination procedure to replace the PTO's current three-step test. The existing PTO examination procedure entails determining whether the claim merely recites a mathematical …

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Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel Jan 1995

Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel

UIC John Marshall Journal of Information Technology & Privacy Law

The 'Net, AKA the Internet, has quickly become one of the most efficient and prevalent forms of communication. By linking through a common protocol, the Internet connects computer networks worldwide and provide seamless access to information. In this introductory guide to the Internet, the author takes readers -- IP practitioners, general legal practitioners, etc. -- on a tour of the Internet. The Internet began as part of the Defense Department's networking research in 1969 by the Advanced Research Projects Agency. In a program called ARPANET, the military attempted to design a interlinking computer networks that provides widespread connectivity without the …

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A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter Jan 1995

A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter

UIC Law Review

No abstract provided.

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A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie Jan 1995

A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie

UIC John Marshall Journal of Information Technology & Privacy Law

This article provides an interesting historical look at the early days of the Internet. Giving the article more of the feel of a business journal article than a legal analysis, it introduces the uninitiated to the legal framework surrounding the development of the Internet. The authors begin with a brief overview of the Internet's creation, from a decentralized military and scholarly network to the commercial entity it is today. Moving into a description of who is fueling the growth of the Internet as a commercial endeavor, the authors describe how several large telecommunications companies, including cable television and cellular telephone …

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Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes Jan 1995

Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes

UIC John Marshall Journal of Information Technology & Privacy Law

Software, and not hardware, forms the interface between computer users and the machines those users operate, thus allowing the users to accomplish their tasks. These software programs, no less than hardware, are in need of intellectual property (IP) protection. The process of creating new programs occurs only through extensive software development, which is often costly and time consuming. Therefore, the need for software IP protection is apparent. This comment helps readers to fully understand the ramifications of the presence or absence of software IP protection, by first examining the overall structure of a computer and the interplay between its various …

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