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Articles 571 - 600 of 815
Full-Text Articles in Intellectual Property Law
The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green
The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green
Intellectual Property Brief
No abstract provided.
Digestion And Re-Innovation: A Lesson Learned From China´S High-Speed Rail Technology-Transfer Agreements, Joe Massie
Digestion And Re-Innovation: A Lesson Learned From China´S High-Speed Rail Technology-Transfer Agreements, Joe Massie
Intellectual Property Brief
No abstract provided.
Best Buy Vs. Newegg: Who Owns “Geek”?, Seth Dennis
Best Buy Vs. Newegg: Who Owns “Geek”?, Seth Dennis
Intellectual Property Brief
No abstract provided.
Dc Comics Sues Gotham Garage Over Replica Batmobiles, Jeff Kettle
Dc Comics Sues Gotham Garage Over Replica Batmobiles, Jeff Kettle
Intellectual Property Brief
No abstract provided.
Taking A Bite Out Of The Apple: “Appstore” Trademark Infringement Update, Amer Raja
Taking A Bite Out Of The Apple: “Appstore” Trademark Infringement Update, Amer Raja
Intellectual Property Brief
No abstract provided.
Markman Pro Publico: Friending The Courts On Patent Claim Interpretation Issues, Charles Lee Thomason
Markman Pro Publico: Friending The Courts On Patent Claim Interpretation Issues, Charles Lee Thomason
Intellectual Property Brief
In Markman claim term disputes, the paramount interest of the public in patents and in the public domain is unrepresented, even though “patent rights are ‘issues of great moment to the public.’” What delineates the outer bounds of the patent claim interpretation inquiry are the “private interests of the litigants.” The public interest is set aside. Neither the courts nor the litigants are well positioned to address the “underlying policy of the patent system” or to ask pointedly whether the patent claims, unless properly construed, have enough “worth to the public” to “outweigh the restrictive effect of the limited patent …
The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio
The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio
Intellectual Property Brief
No abstract provided.
A Pragmatic Approach To Intellectual Property And Development: A Case Study Of The Jordanian Copyright Law In The Internet Age, Rami Olwan
Joint PIJIP/TLS Research Paper Series
On October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. This article takes the copyright law in Jordan as a case study and …
Beyond The Unrealistic Solution For Development Provided By The Appendix Of The Berne Convention On Copyright, Alberto Cerda Silva
Beyond The Unrealistic Solution For Development Provided By The Appendix Of The Berne Convention On Copyright, Alberto Cerda Silva
Joint PIJIP/TLS Research Paper Series
The standards of copyright protection promoted by the Berne Convention are highly problematic for developing countries because these countries need to ensure a wide dissemination of works for teaching, scholarship, and research purposes. In order to accommodate these needs and to promote accession to this Convention, the 1971 Paris Act of the Berne Convention, included an Appendix that allowed developing countries to issue compulsory licenses for translating and/or reproducing foreign works into languages of general use in their territories. Unfortunately, the Appendix has not met the needs of developing countries, which, instead, have relied on idiosyncratic solutions. Additionally, the instrument …
The Sopa-Tpp Nexus, Jonathan Band
The Sopa-Tpp Nexus, Jonathan Band
Joint PIJIP/TLS Research Paper Series
The controversy in the United States over the Stop Online Piracy Act (SOPA) has profound implications for the Trans-Pacific Partnership (TPP) agreement. The SOPA debate underscores the importance of striking the proper balance in intellectual property laws to promote creativity and innovation. It demonstrates that over-protection can stifle free expression and the effective operation of the Internet as a medium of communication and commerce not only within a jurisdiction, but also extraterritorially. Additionally, the debate reveals the ability of the Internet community to mobilize quickly to defeat policies that it believes threaten its existence. TPP negotiators should understand the SOPA …
The Morning After: Trips-Plus, Ftas And Wikileaks - Fresh Insights On The Implementation And Enforcement Of Ip Protection In Developing Countries, Mohammed El Said
The Morning After: Trips-Plus, Ftas And Wikileaks - Fresh Insights On The Implementation And Enforcement Of Ip Protection In Developing Countries, Mohammed El Said
Joint PIJIP/TLS Research Paper Series
Leaked diplomatic cables related to the United States’ foreign policy implementing and enforcing intellectual property in developing countries draw a bleak picture. U.S. interest groups and local agents collaborate to achieve higher levels of intellectual property protection without taking into consideration the public interest and consumer rights of local communities. This "act of state-sponsored violence," as some have proclaimed it, jeopardizes the lives of millions of citizens across the globe. It also undermines the foundations of the global multilateral trading regime and its institutions, particularly the World Trade Organization (WTO), which was created by the global community in 1995 in …
Canada And Israel: Cultivating Fairness Of Use, Meera Nair
Canada And Israel: Cultivating Fairness Of Use, Meera Nair
Joint PIJIP/TLS Research Paper Series
Despite global trends to expand the ambit of copyright, Canada and Israel both show promise in cultivating the principal of fairness when exercising exceptions to copyright. Their journeys were led by their highest courts; each sought to shift the dialogue of exceptions from stringent allowance to robust application. Both countries began from the rigidity of fair dealing and considered expansion into the realm of fair use. This exploration is intriguing given that both countries show an uncanny similarity in terms of the manner by which their nation states came into being, their ensuing diversity of population, the mixture of common …
Positive Proposals For Treatment Of Online Intermediaries, Margot E. Kaminski
Positive Proposals For Treatment Of Online Intermediaries, Margot E. Kaminski
Joint PIJIP/TLS Research Paper Series
In the past several years of free trade agreement negotiations, a number of proposals for establishing an international standard of liability for copyright infringement by online intermediaries have emerged. These proposals consistently lack consideration of their implications for Internet users. Building off a public stakeholder presentation given by the author at the ninth round of negotiations of the Trans-Pacific Partnership (TPP) Agreement, held in Lima, Peru, this paper aims to identify both general principles and specific user-protecting provisions that should be considered when discussing proposals for intermediary liability.
Settlement Of India/Eu Wto Dispute Re Seizures Of In-Transit Medicines: Why The Proposed Eu Border Regulation Isn't Good Enough, Brook K. Baker
Settlement Of India/Eu Wto Dispute Re Seizures Of In-Transit Medicines: Why The Proposed Eu Border Regulation Isn't Good Enough, Brook K. Baker
Joint PIJIP/TLS Research Paper Series
European Customs officials have used fictive patent rights to justify the seizure of lawful generic medicines produced in India and destined for non-European markets. Following a public outcry and initiation of two WTO complaints, the EU has proposed amendments to Border Regulations Measure 1383/2003. The Proposed Border Regulation in its current form will not adequately resolve the risk of interception in Europe of medicines lawfully manufactured and exported from India and destined for lawful import and consumption in a non-EU country. This analysis concludes that multiple weaknesses remain in the Border Regulations, including: (1) continued coverage of alleged patent and …
Acta & Access To Learning Materiols In Morocco: An Examination Of How Acta Impacts The Creation Of A Moroccan Orphan Works Regime, Caroline B. Ncube
Acta & Access To Learning Materiols In Morocco: An Examination Of How Acta Impacts The Creation Of A Moroccan Orphan Works Regime, Caroline B. Ncube
Joint PIJIP/TLS Research Paper Series
This paper briefly examines the current regime of copyright law in Morocco and seeks to examine the status of orphan works in Morocco, in lieu its membership as the sole African country in the recently signed Anti-Counterfeiting Trade Agreement (ACTA). The paper concludes that Morocco can, and ought to, enact exceptions and limitations that facilitate meaningful access to orphan works in both analogue and digital formats.
Made In America: A Comparative Analysis Of Copyright Law Protections For Fashion Design In Asia And The United States, Alexandra Mackey
Made In America: A Comparative Analysis Of Copyright Law Protections For Fashion Design In Asia And The United States, Alexandra Mackey
American University Business Law Review
No abstract provided.
A Thousand Tiny Pieces: The Federal Circuit's Fractured 'Myriad' Ruling, Lessons To Be Learned, And The Way Forward, Jonathan Stroud
A Thousand Tiny Pieces: The Federal Circuit's Fractured 'Myriad' Ruling, Lessons To Be Learned, And The Way Forward, Jonathan Stroud
Celebrating WCL Student Authors
The Supreme Court granted, vacated, and remanded the infamous Myriad gene isolation patentability case to the Court of Appeals for the Federal Circuit (CAFC) in light of the recent Prometheus decision, which held 9-0 that a certain diagnostic method was invalid subject matter because it was an abstract idea merely modified by other obvious steps. This Essay argues that Myriad should be affirmed again by the Federal Circuit, particularly in light of Prometheus, in order to inject certainty, clarity, and consistency into the § 101 patentable subject matter jurisprudence
The Washington Declaration On Intellectual Property And The Public Interest, Sean Flynn
The Washington Declaration On Intellectual Property And The Public Interest, Sean Flynn
Scholarly Articles in Law Reviews & Journals
The Washington Declaration on Intellectual Property and the Public Interest was drafted at the Inaugural Global Congress on Intellectual Property and the Public Interest. The Inaugural Global Congress convened over 180 experts from 32 countries and six continents to re-articulate the public interest dimension in intellectual property law and policy. The Congress adopted a series of specific recommendations for action by a global network of public interest scholars and advocates, which are expressed below.
One Size Does Not Fit All, David Spratt
One Size Does Not Fit All, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
Scholarly Articles in Law Reviews & Journals
This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests …
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
Scholarly Articles in Law Reviews & Journals
Stolen information technology (IT) is a domestic and global problem. Theft of IT by upstream producers has a pernicious effect on the competitive market and violates fundamental policies designed to protect those who create and invent such assets. Companies profiting from stolen IT are not just free-riding on the successes of those who design and produce the products and ideas that are a driving force in the U.S. economy – they are destabilizing rational pricing and distorting lawful competition by virtue of outright theft. Current legal recourse is insufficient to address such misconduct; new approaches are needed at the state …
Public Interest Analysis Of The Us Tpp Proposal For An Ip Chapter, Sean Flynn, Margot E. Kaminski, Brook K. Baker, Jimmy H. Koo
Public Interest Analysis Of The Us Tpp Proposal For An Ip Chapter, Sean Flynn, Margot E. Kaminski, Brook K. Baker, Jimmy H. Koo
Joint PIJIP/TLS Research Paper Series
This briefing paper provides preliminary analysis of two leaked U.S. proposals for an intellectual property chapter in the Trans Pacific Partnership (TPP) agreement. The U.S. proposal, if adopted, would create the highest intellectual property protection and enforcement standards in any free trade agreement to date. Its provisions are primarily based on, and frequently go beyond, the maximalist and controversial standards of the Korea-US Free Trade Agreement (KORUS), the Anti-Counterfeiting Trade Agreement (ACTA) and US law, while negating the development-oriented flexibilities required by the 2007 New Trade Deal for developing countries and included in the US-Peru Free Trade Agreement. If adopted, …
Why Full Open Access Matters, Michael W. Carroll
Why Full Open Access Matters, Michael W. Carroll
Joint PIJIP/TLS Research Paper Series
This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.
Why Full Open Access Matters, Michael Carroll
Why Full Open Access Matters, Michael Carroll
Scholarly Articles in Law Reviews & Journals
This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.
Acta And Access To Medicines, Sean Flynn, Bijan Madhani
Acta And Access To Medicines, Sean Flynn, Bijan Madhani
Joint PIJIP/TLS Research Paper Series
The Greens/EFA Internet Core Group in the European Parliament, and a collection of its individual members, commissioned this analysis of potential impacts of the Anti-Counterfeiting Trade Agreement (ACTA) on access to medicines in developing countries.” On the whole, ACTA negotiators created an agreement that shifts international “hard law” rules and “soft law” encouragements toward making enforcement of intellectual property rights in courts, at borders, by the government and by private parties easier, less costly, and more “deterrent” in the level of penalties. In doing so, it increases the risks and consequences of wrongful searches, seizures, lawsuits and other enforcement actions …
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Legislation and Policy Brief
Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus. Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class. Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different. Jane notices that many people are staring, pointing, and snickering at her. Is there something on her face? She quickly pulls out her compact and realizes that all makeup is …
Introduction: Cities And Sustainability
Introduction: Cities And Sustainability
Sustainable Development Law & Policy
No abstract provided.
Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle), Jonas Anderson
Book Reviews
A review of Gene Patents and Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models and Liability Regimes.
Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement), Sean Flynn
Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement), Sean Flynn
Joint PIJIP/TLS Research Paper Series
The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).