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Articles 511 - 540 of 815
Full-Text Articles in Intellectual Property Law
Intellectual Property Reform In Colombia: Future Colombian Copyright Legislation Must Not Place Overly Restrictive Burdens On Internet Service Providers That Unnecessarily Restrict Access To Information And Freedom Of Expression Of The People Of Colombia, Glushko-Samuelson Intellectual Property Clinic, Andrés Izquierdo, Fundación Karisma, Bogotá, Colombia
Intellectual Property Reform In Colombia: Future Colombian Copyright Legislation Must Not Place Overly Restrictive Burdens On Internet Service Providers That Unnecessarily Restrict Access To Information And Freedom Of Expression Of The People Of Colombia, Glushko-Samuelson Intellectual Property Clinic, Andrés Izquierdo, Fundación Karisma, Bogotá, Colombia
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Intellectual Property Reform In Colombia: The Colombian Legislature Must Consider Local And International Conventions And Pass Balanced Copyright Legislation That Preserves The Fundamental Rights Of All Colombians, Glushko-Samuelson Intellectaul Property Clinic, Andrés Izquierdo, Fundación Karisma, Bogotá, Colombia
Intellectual Property Reform In Colombia: The Colombian Legislature Must Consider Local And International Conventions And Pass Balanced Copyright Legislation That Preserves The Fundamental Rights Of All Colombians, Glushko-Samuelson Intellectaul Property Clinic, Andrés Izquierdo, Fundación Karisma, Bogotá, Colombia
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Corporate Power Unbound: Investor-State Arbitration Of Ip Monopolies On Medicines – Eli Lilly And The Tpp, Brook K. Baker
Corporate Power Unbound: Investor-State Arbitration Of Ip Monopolies On Medicines – Eli Lilly And The Tpp, Brook K. Baker
Joint PIJIP/TLS Research Paper Series
Free trade agreements (FTAs) and bilateral investment treaties (BITs) typically contain investment clauses designed to attract direct foreign investment and protect the interests of foreign investors. In addition to defining foreign investment that are entitled to protection, investment clauses typically allow for investor-state dispute resolution, which allows a foreign investor to launch arbitral proceeding directly against the offending government before a private panel of trade lawyers. This paper focuses first on a pro-investor draft investment chapter in an ongoing regional trade negotiation – the Trans-Pacific Partnership Agreement (TPP) - and second on the first investor-state arbitral claim ever by a …
Fair Use And Education: The Way Forward, Peter Jaszi
Fair Use And Education: The Way Forward, Peter Jaszi
Scholarly Articles in Law Reviews & Journals
The ability to make reasonable fair use of copyrighted material is both economically and culturally important to the enterprise of education. No other feature of copyright laws offers educators access of the same potential scope. In asserting fair use, teachers, librarians, and others cannot rely on a claim of "economic exceptionalism, "for which there is no clear basis in U.S. copyright law. Nor can they expect to arrive at satisfactory shared understandings with copyright owners. Instead, they should seek to take advantage of current trends in copyright case law, including the marked trend toward preferring uses that are "transformative," where …
Design Patents: Fashion’S Next Big Thing?, Brooke Olaussen
Design Patents: Fashion’S Next Big Thing?, Brooke Olaussen
Intellectual Property Brief
No abstract provided.
Fifty Shades Of Grey Sues Smash Pictures Over Xxxadaption Of Steamy Series, Caroline Jamet
Fifty Shades Of Grey Sues Smash Pictures Over Xxxadaption Of Steamy Series, Caroline Jamet
Intellectual Property Brief
No abstract provided.
Are Secondary Considerations Still “Secondary”?:An Examination Of Objective Indicia Of Nonobviousness Five Years After Ksr, John Paul Putney
Are Secondary Considerations Still “Secondary”?:An Examination Of Objective Indicia Of Nonobviousness Five Years After Ksr, John Paul Putney
Intellectual Property Brief
No abstract provided.
Icann’S New Generic Top-Level Domain Programand Appication Results, Amer Raja
Icann’S New Generic Top-Level Domain Programand Appication Results, Amer Raja
Intellectual Property Brief
No abstract provided.
The United States Copyright Office:Nostalgia For The Past, Obstacle For The Future, Jacob Harper
The United States Copyright Office:Nostalgia For The Past, Obstacle For The Future, Jacob Harper
Intellectual Property Brief
No abstract provided.
Ultramercial And Prometheus: How Transformation Analysis After Bilski Is Changing To Accommodate Modern Technologies, Sarah Beth Smith
Ultramercial And Prometheus: How Transformation Analysis After Bilski Is Changing To Accommodate Modern Technologies, Sarah Beth Smith
Intellectual Property Brief
No abstract provided.
Forward, Jonas Anderson
The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R. K. Stroud
The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R. K. Stroud
Celebrating WCL Student Authors
No abstract provided.
Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, Jonas Anderson, Peter S. Menell
Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, Jonas Anderson, Peter S. Menell
Scholarly Articles in Law Reviews & Journals
Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged as a salient issue. While the Supreme Court’s Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its "mongrel" mixed fact/law character, the Federal Circuit's adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced …
A Realist Approach To Copyright Law's Formalities, Michael W. Carroll
A Realist Approach To Copyright Law's Formalities, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
Rejecting the conventional story that formalities in copyright law were abolished by the Berne Convention, this Article demonstrates that privately administered systems of formalities play a significant role in the administration of copyright law worldwide. Indeed, they must because copyright is designed to support a transaction structure which requires rightsholders who seek to attract licensing partners to go through some formal step to identify themselves and the works in which they have a legal or beneficial interest. Canvassing the landscape of mandatory and voluntary public and private systems of formalities, this article argues that: (1) national policymakers retain more policy …
The Bellagio Global Dialogues On Intellectual Property, Joe Karaganis
The Bellagio Global Dialogues On Intellectual Property, Joe Karaganis
Joint PIJIP/TLS Research Paper Series
This paper is an account of the Bellagio conferences and of their place within the larger arc of Rockefeller intellectual property work since 2002. In a more limited fashion, it is also an account of the transformation of IP from an obscure legal specialty into a major discourse of power and debate about the shape of globalization. The broadest achievement of the Bellagio series—and of Rockefeller Foundation work more generally in this area—has been to make this debate more open, participatory, and engaged with questions of poverty and human development.
Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan Stroud
Scholarly Articles in Law Reviews & Journals
Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …
Overdue North: Canada Finally Passes New Copyright Law, Carrie Sager
Overdue North: Canada Finally Passes New Copyright Law, Carrie Sager
Intellectual Property Brief
No abstract provided.
First Sale Doctrine - Kirtsaeng V. John Wiley & Sons, Alison Keeley
First Sale Doctrine - Kirtsaeng V. John Wiley & Sons, Alison Keeley
Intellectual Property Brief
No abstract provided.
New Gtlds, New Problems, Amer Raja
Going For Gold In Trademark Enforcement: Olympic Branding, Chelsea Zimmerman
Going For Gold In Trademark Enforcement: Olympic Branding, Chelsea Zimmerman
Intellectual Property Brief
No abstract provided.
Seeing Red: Nasa Hit With Bogus Copyright Claimover Mars Rover Video, Priya Mahajan
Seeing Red: Nasa Hit With Bogus Copyright Claimover Mars Rover Video, Priya Mahajan
Intellectual Property Brief
No abstract provided.
Posner Speaks (Again) On Patent Reform: A Critique, Kathleen Hudik
Posner Speaks (Again) On Patent Reform: A Critique, Kathleen Hudik
Intellectual Property Brief
No abstract provided.
The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush
The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush
Intellectual Property Brief
No abstract provided.
Work With Your Head In The Clouds: The Impact Of Cloud Computing And Content Streaming On Copyright In The Entertainment Industry, Tamara Celine Winegust
Work With Your Head In The Clouds: The Impact Of Cloud Computing And Content Streaming On Copyright In The Entertainment Industry, Tamara Celine Winegust
Intellectual Property Brief
No abstract provided.
Unlimited Times: Dmca Anticircumvention Measures On Public Domain Films, Sarah Jordan
Unlimited Times: Dmca Anticircumvention Measures On Public Domain Films, Sarah Jordan
Intellectual Property Brief
No abstract provided.
Who Won In Sony’S Ps3 Jailbreak Battle?, Jess Robinson
Who Won In Sony’S Ps3 Jailbreak Battle?, Jess Robinson
Intellectual Property Brief
No abstract provided.
Ibm’S Watson Beats Humans On Jeopardy; Up Next: Searching The Prior Art?, Suba Ganesan
Ibm’S Watson Beats Humans On Jeopardy; Up Next: Searching The Prior Art?, Suba Ganesan
Intellectual Property Brief
No abstract provided.
Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos
Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos
Intellectual Property Brief
No abstract provided.
The America Invents Act Makes U.S. One Step Closer To First-To-File System, Aaron Gleaton
The America Invents Act Makes U.S. One Step Closer To First-To-File System, Aaron Gleaton
Intellectual Property Brief
No abstract provided.
Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life, Robert Ellis
Intellectual Property Brief
No abstract provided.