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Articles 2731 - 2760 of 2867
Full-Text Articles in Intellectual Property Law
To Patent Or Not To Patent: Gene Therapy In The European Union And The United States, Nada Jain
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.
Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg
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 …
Ice Patch On The Information Superhighway: Foreign Liability For Domestically Created Content, Alexander Gigante
Ice Patch On The Information Superhighway: Foreign Liability For Domestically Created Content, Alexander Gigante
Cardozo Arts & Entertainment Law Journal
No abstract provided.
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
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.
Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren
Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A New Use For An Old License: Who Owns The Right?, Barbara D. Griff
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 …
[email protected] - “Owning A Bitchin’ ” Corporate Trademark As An Internet Address - Infringement?, James West Marcovitz
[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 …
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 …
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
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 …
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.
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
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 …
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
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 …
The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the copyright implications of news broadcasters using videotape and other images in their newscasts. News broadcasters obtain audio and video materials for use in their broadcasts, and on most occasions they obtain these materials from a variety of sources. The broadcaster cannot infringe on the copyright of the news source unless given permission by the source or decide to use it under the Fair Use Doctrine. However, a newscaster may also use the copyrighted material under a possible exception created by the First Amendment right to freedom of the press. The law that provides a creator with …
In Re Warmerdam: When Is A Software Process Too Abstract To Merit Patent Protection?, 13 J. Marshall J. Computer & Info. L. 667 (1995), Steven M. Santisi
In Re Warmerdam: When Is A Software Process Too Abstract To Merit Patent Protection?, 13 J. Marshall J. Computer & Info. L. 667 (1995), Steven M. Santisi
UIC John Marshall Journal of Information Technology & Privacy Law
Unlike many foreign countries, the United States does not have an explicit rule that defines software as unpatentable subject matter. Despite the United States’ leadership position in patent protection, U.S. case law defining patentatble subject matter has evolved slowly and painfully. The legal controversy restricting software patentability stems from the principle that abstract ideas are not patentable. The Patent and Trademark Office remains uncomfortable in granting patents for inventions ideally embodied as software. Inventors’ attorneys continue to test these boundaries and the PTO continues to reject patent applications for software inventions based on the grounds that they constitute non-statutory subject …
Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy
Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy
UIC John Marshall Journal of Information Technology & Privacy Law
The Copyright Act has historically been amended to address technological changes. The Act has been shaped to apply to new situations not previously considered by the original authors. Rather than pass a new Copyright Act to address computer programs and technology, the current Act should be repaired. The changes made to the Copyright Act as a result of the CONTU report provide some necessary updating to the Act, but the increasing use of computer technology is demanding additional refinements to the Copyright Act. In order to amend the Copyright Act with the least amount of disruption, the definition of a …
Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter
Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter
UIC John Marshall Journal of Information Technology & Privacy Law
Courts focus on the Substantial Similarity test to determine copyright infringement. They also use testimony from experts and lay people. As a result, there is a tension between preserving artist’s rights and preserving a competitive market. This tension is especially problematic in the context of copyright protection of computer software. Nonetheless, copyright law does protect computer software. Resulting amendments in the Copyright Act defined "computer program" and ensured that copyright protection was extended to all computer programs. The Substantial Similarity test applied to computer programs creates several concerns. Lack of access to expert testimony in the crucial second phase of …
Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Articles
A brief reply is in order to clarify our position on the patenting of research tools. We stand by the statement that "there are reasons to be wary of patents on research tools," but that statement should not be understood as a broad condemnation of patents on research tools in all contexts. Indeed, immediately after the cited language our opinion letter acknowledges that withholding patent protection from research tools could undermine private incentives to develop research tools and to make them available to investigators or lead to greater reliance on trade secrecy. Unlike the government, which purports to pursue patent …
Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Articles
You have asked for our legal opinion on the patentability of inventions claimed in U.S. patent applications 07/716,831, filed June 21, 1991 (the '831 application, or .'831"), 07/837,195, filed September 25, 1992 ("'195"), and 07/952,911, filed February 12, 1993 (."911"), all filed in the name of Craig Venter and others and assigned to the National Institutes of Health "(NIH)." We understand that NIH has abandoned these patent applications and has no present intention of filing similar applications in the future, but that NIH remains interested in the patenting of human DNA sequences from a broader public policy perspective. We have …
The University Community: Pursuit Of The Promise Of The New Media, Georgia K. Harper
The University Community: Pursuit Of The Promise Of The New Media, Georgia K. Harper
Cardozo Arts & Entertainment Law Journal
I would like to convey a sense of the university community's needs regarding the development of the National Information Infrastructure ("NII") by examining the following points: (1) experimental projects involving users and producers of information, in our case, libraries and publishers, should play a crucial role in defining the new rules of the road; (2) fair use is a necessary backdrop to such experimentation, but it may become less important in the future; and (3) certain principles which will lay the foundation for the exchange of electronic information as well as guide the development of the NII must be enumerated …
Reverse Engineering And The Rise Of Electronic Vigilantism: Intellectual Property Implications Of "Lock-Out" Programs, Julie E. Cohen
Reverse Engineering And The Rise Of Electronic Vigilantism: Intellectual Property Implications Of "Lock-Out" Programs, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Over the past few years, there has been an abundance of scholarship dealing with the appropriate scope of copyright and patent protection for computer programs. This Article approaches those problems from a slightly different perspective, focusing on the discrete problem of lock-out programs. The choice of lock-out as a paradigm for exploring the interoperability question and the contours of copyright and patent protection of computer programs is informed by two considerations. First, for purposes of the interoperability inquiry, lock-out programs represent an extreme; they are discrete, self-contained modules that are highly innovative in design, yet that serve no purpose other …
The Wright Enabling Disclosure For Biotechnology Patents, Karen S. Canady
The Wright Enabling Disclosure For Biotechnology Patents, Karen S. Canady
Washington Law Review
The disclosure in a patent specification must enable others to make and use the claimed invention. In the competitive biotechnology industry, companies often seek broad claims to protect contemplated embodiments of their inventions that have not yet been reduced to practice. In In re Wright, the Federal Circuit recently challenged this approach when it upheld the rejection, for lack of enablement, of all but the narrowest claims to a vaccine genetically engineered to protect against retroviruses. This decision unreasonably elevates the established standard for enablement by limiting biotechnological patent protection to only those embodiments of a claimed invention whose success …
Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker
Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker
UIC Law Review
No abstract provided.
§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine
§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine
UIC John Marshall Journal of Information Technology & Privacy Law
Section 117, of The Copyright Act of 1976, which regulates the copying of a computer software program by an authorized or registered user, serves as an exception or defense to an allegation of software infringement. This exception is grounded in the concept that an individual who lawfully purchases a computer software program should have the right to copy that program to some extent. However, courts have not developed a uniform approach to analyzing Section 117. This paper offers a union of tests used individually by courts to resolve this problem of legal inconsistency. The courts have developed a three-step approach …
The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont
The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont
UIC John Marshall Journal of Information Technology & Privacy Law
The author argues that courts must take into account industry demands for interoperable computer products in determining the proper scope of protection enjoyed by computer software. Part II of the article discusses the technical aspects of a communications software system in the context of a hypothetical software developer. Part III of the article analyzes how compatibility concerns affect the determination of the proper scope of copyright and trade secret protection. Part IV of the article gives an overview of the anti-trust concerns in light of the current debate surrounding interoperability. The article concludes that economically adequate legal protection for communications …
Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick
Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick
UIC John Marshall Journal of Information Technology & Privacy Law
The computer has caused changes to over forty areas of the law. While not exhaustive, the areas of law examined in this article show that computers have caused certain areas of the law to evolve while others remain virtually unchanged. Computer use has not changed in the area of commercial law. Computer contracts can involve hardware, software or services. Whether the Uniform Commercial Code applies to acquisitions has been the subject of much litigation turning on whether the software is canned or custom. Courts analyze the custom software cases under existing tests including the "dominant element" test, the "end product …
Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon
Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon
UIC John Marshall Journal of Information Technology & Privacy Law
In 1996, Congress passed the Freedom of Information Act (FOIA) to promote public access of information held by the federal government. Consequently, fifty states followed the lead by passing similar statutes providing public access to information held by state governments. While FOIA statutes facilitates the dissemination of information, the use of "records" in the statutes proves to be problematic in this computer age. Part of the accessible records is the information of redistricting of the states, a federal constitutional requirement on the states every ten years. In the Brown v. Iowa Legislative Council, plaintiff sought to gain access to the …
Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg
Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg
Other Publications
Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public; the new pro-patent policy stresses the need for exclusive rights as an incentive for industry to invest in bringing new products to market.
A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg
A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg
Articles
This article will use the NIH patent controversy as a focal point for considering when the results of government-sponsored research should be patented and when they should be dedicated to the public domain. First, this article will review the recent history of federal government policy on patenting the results of government-sponsored research. Next, this article will highlight some of the complexities involved in achieving technology transfer from the public sector to the private sector that current policy may oversimplify. With this background, this article will return to a more detailed analysis of the NIH cDNA patenting controversy and consider the …
In Memory Of Herbert Tenzer, Norman Lamm
In Memory Of Herbert Tenzer, Norman Lamm
Cardozo Arts & Entertainment Law Journal
No abstract provided.
In Memory Of Herbert Tenzer, Frank J. Macchiarola
In Memory Of Herbert Tenzer, Frank J. Macchiarola
Cardozo Arts & Entertainment Law Journal
No abstract provided.