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Articles 2761 - 2790 of 2866
Full-Text Articles in Intellectual Property Law
Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson
Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Must Carry And The Courts: Bleak House, The Sequel, Nicholas W. Allard
Must Carry And The Courts: Bleak House, The Sequel, Nicholas W. Allard
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton
Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton
Articles
No abstract provided.
Software Patent Protection: A Problem-Solution Theory For Harmonizing The Precedent, 12 Computer L.J. 25 (1993), Lance L. Vietzke
Software Patent Protection: A Problem-Solution Theory For Harmonizing The Precedent, 12 Computer L.J. 25 (1993), Lance L. Vietzke
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The New Medium Of Expression: Introducing Virtual Reality And Anticipating Copyright Issues, 12 Computer L.J. 175 (1993), Greg S. Weber
The New Medium Of Expression: Introducing Virtual Reality And Anticipating Copyright Issues, 12 Computer L.J. 175 (1993), Greg S. Weber
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Best Mode Requirement In United States Patent Practice In 1993, 12 J. Marshall J. Computer & Info. L. 353 (1993), Kenneth R. Adamo
The Best Mode Requirement In United States Patent Practice In 1993, 12 J. Marshall J. Computer & Info. L. 353 (1993), Kenneth R. Adamo
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the best mode requirement set forth in section 112 of the United States Patent Act. This requirement is unique to United States patent law and must be satisfied by every utility patent application filed with the United States Patent and Trademark Office. This article then discusses how decisions of the United States Court of Appeals for the Federal Circuit have helped clarify and refine the best mode requirement and its application to patents in the field of computer technology (i.e., In re Hayes Microcomputer Products). Then it discusses how these holdings have made this already difficult area …
Recent Developments In Computer Law: An Update, 12 J. Marshall J. Computer & Info. L. 395 (1993), Bradley J. Hulbert
Recent Developments In Computer Law: An Update, 12 J. Marshall J. Computer & Info. L. 395 (1993), Bradley J. Hulbert
UIC John Marshall Journal of Information Technology & Privacy Law
This article provides an overview of case law that had developed in 1993 relating to computers, summarizing cases in the following fourteen areas of the law: 1. Administrative - This section briefs a case holding that the Bush Administration's e-mail records fell within the scope of the Federal Records Act. 2. Anti-trust - This section includes: an overview of a case defining "sham" lawsuits and a summary of a case holding that a large software firm's supplier requirements may define a relevant market for an anti-trust analysis. 3. Civil Procedure - This section gives a brief summary of a case …
An Analysis That Is Not "Ad Hoc": The Bifurcated Uniform Analysis That The Federal Courts Should Follow To Determine Computer Program Copyright Nonliteral Infringement, 12 J. Marshall J. Computer & Info. L. 485 (1993), Michael J. Bendel
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines the issues surrounding software copyright protection and the problem of inconsistent court analysis across the country. After reviewing the problems particular to software copyright, the author recommends a new course of court analysis that would bring consistent analysis and decisions to this growing area of law. Courts have begun to examine the scope of protection the Copyright Act grants to computer software beyond the literal text of the software's programming language. Two classifications for computer programs have developed: literal, which focuses on the actual text of the program, and non-literal, which is concerned with organization, structure and …
Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg
Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg
Articles
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. Whereas 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 propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make …
Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg
Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg
Articles
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. Whereas 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 propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make …
Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies
Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies
Michigan Journal of International Law
Accelerating deforestation in many tropical countries with the concomitant loss of plant species diversity incites increasing international concern. Until very recently, international environmental law tended to regard natural plant species as a "common heritage," a universal resource immune to private property claims. This common heritage approach to the problem of biodiversity loss has left the majority of plant species in a jurisprudential void, unprotected by property rights and subject to conflicting claims by countries with divergent goals. Unrelieved economic pressures force impoverished peoples in species-rich developing nations to resort to activities that ravage the forests, and the tragedy of biodiversity …
Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross
Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Self-Help & Contributory Infringement: The Law And Legal Thought Behind A Little 'Black-Box', Nicholas E. Sciorra
Self-Help & Contributory Infringement: The Law And Legal Thought Behind A Little 'Black-Box', Nicholas E. Sciorra
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang
Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang
Northwestern Journal of International Law & Business
These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …
Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow
Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow
Cardozo Law Review
No abstract provided.
It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman
It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman
Seattle University Law Review
This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.
Patent Rights In The Human Genome Project, Rebecca S. Eisenberg
Patent Rights In The Human Genome Project, Rebecca S. Eisenberg
Book Chapters
The various research efforts that comprise the Human Genome Project will inevitably both draw on and yield a multitude of patentable inventions. The broad subject matter of the patent laws potentially reaches every phase of the Genome Project, from the discovery of new research technologies, such as techniques and equipment for DNA sequencing, through the ultimate development of new products, such as screening tests for genetically transmitted diseases. Even bits and pieces of the human genome itself may be, and sometimes have been, patented.' Nor does the fact that the public is paying for the Genome Project through federal funding …
On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi
On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Touching Words: Helen Keller, Plagiarism, Authorship, Jim Swan
Touching Words: Helen Keller, Plagiarism, Authorship, Jim Swan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Protection Of High Technology Intellectual Property, 11 Computer L.J. 29 (1991), Jack E. Brown
The Protection Of High Technology Intellectual Property, 11 Computer L.J. 29 (1991), Jack E. Brown
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Can A Computer Language Be Copyrighted? The State Of Confusion In Computer Copyright Law, 11 Computer L.J. 97 (1991), Steve Posner
Can A Computer Language Be Copyrighted? The State Of Confusion In Computer Copyright Law, 11 Computer L.J. 97 (1991), Steve Posner
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
An Economic Analysis Of Computer Software Copyright: A Welfare Model Of Intellectual Property Rights, 11 Computer L.J. 173 (1991), Barron Yanaga
An Economic Analysis Of Computer Software Copyright: A Welfare Model Of Intellectual Property Rights, 11 Computer L.J. 173 (1991), Barron Yanaga
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Copyright Protection Of Computer Software In Japan, 11 Computer L.J. 287 (1991), Judith J. Welch, Wayne L. Anderson
Copyright Protection Of Computer Software In Japan, 11 Computer L.J. 287 (1991), Judith J. Welch, Wayne L. Anderson
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Patentability Of Genetically Engineered Life-Forms: Legal Issues And Solutions, 25 J. Marshall L. Rev. 119 (1991), Matthew B. Tropper
Patentability Of Genetically Engineered Life-Forms: Legal Issues And Solutions, 25 J. Marshall L. Rev. 119 (1991), Matthew B. Tropper
UIC Law Review
No abstract provided.
Introduction, Ronald J. Palenski
Introduction, Ronald J. Palenski
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Pharmaceuticals And Intellectual Property: Meeting Needs Throughout The World, Thomas G. Field Jr.
Pharmaceuticals And Intellectual Property: Meeting Needs Throughout The World, Thomas G. Field Jr.
Law Faculty Scholarship
To the extent that most people think about patents and other forms of intellectual property at all, they tend to be aware that the owners of such property may have the legal capacity to limit market entry--without fully appreciating the extent to which products or processes that can be easily copied might otherwise be unavailable. Focusing on their function in recouping risk capital, this article will survey the types and functions of intellectual property. Then it will attend to the situation in developing countries, particularly the role of intellectual property in meeting their needs for medical products.
Canada, Copyright, Computers: Impact And Analysis In An International Perspective Or From Gutenberg To Uruguay: Protecting The Soul Of A New Machine, 10 Computer L.J. 265 (1990), Peter Heeseok Kang
Canada, Copyright, Computers: Impact And Analysis In An International Perspective Or From Gutenberg To Uruguay: Protecting The Soul Of A New Machine, 10 Computer L.J. 265 (1990), Peter Heeseok Kang
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Digital Sound Sampling And A Federal Right Of Publicity: Is It Live Or Is It Macintosh?, 10 Computer L.J. 365 (1990), Tamara J. Byram
Digital Sound Sampling And A Federal Right Of Publicity: Is It Live Or Is It Macintosh?, 10 Computer L.J. 365 (1990), Tamara J. Byram
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Back To Open Season On American Product Ingenuity: Bonito Boats, Inc. V. Thunder Craft, Inc., 24 J. Marshall L. Rev. 209 (1990), Alex Devience Jr.
Back To Open Season On American Product Ingenuity: Bonito Boats, Inc. V. Thunder Craft, Inc., 24 J. Marshall L. Rev. 209 (1990), Alex Devience Jr.
UIC Law Review
No abstract provided.
Revisiting The Rational Basis Of Trademark Protection: Control Of Quality And Dilution - Estranged Bedfellows, 24 J. Marshall L. Rev. 65 (1990), Elizabeth Cutter Bannon
Revisiting The Rational Basis Of Trademark Protection: Control Of Quality And Dilution - Estranged Bedfellows, 24 J. Marshall L. Rev. 65 (1990), Elizabeth Cutter Bannon
UIC Law Review
No abstract provided.