Intellectual Property Law Commons^™

Masthead & Table Of Contents , Au Intellectual Property Brief

Intellectual Property Brief

No abstract provided.

King Kirby And The Amazin' Terminatin' Copyrights: Who Will Prevail?!?, Jay Goldberg

Intellectual Property Brief

No abstract provided.

Copyrights And The Fashion Industry: A Love-Hate Relationship? , Ashlee Hodge

Intellectual Property Brief

No abstract provided.

Unconstitutional Excess, And Other Recent Copyright Developments, Ali Sternburg

Intellectual Property Brief

No abstract provided.

Digital “Library” Htmlcomics Shut Down By Fbi, Doj And Publishers, Mark Tratos

Intellectual Property Brief

No abstract provided.

Trips And Human Rights: The Case Of India, Subramanya Sirish Tamvada

Celebrating WCL Student Authors

The twenty-first century has seen a rapid growth of two regimes: the intellectual property rights regime and the human rights regime. On one hand, growth of multinational corporations has led to a stronger and stricter intellectual property rights regime. On the other hand, human rights have gained primacy in public as well as political debates. Developing countries have argued that intellectual property rights and Human Rights often come into conflict, particularly when implementing their international obligations under TRIPS. Nevertheless, developing countries are forced to provide better intellectual property protection. There is a need to give heed to the voices of …

What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss

American University Law Review

No abstract provided.

Untold Stories In South Africa: Creative Consequences Of The Rights Clearance Culture For Documentary Filmmakers, Sean M. Flynn, Peter A. Jaszi

PIJIP Faculty Scholarship

This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective film making posed by escalating copyright clearance requirements.

Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman

Intellectual Property Brief

No abstract provided.

Pharmaceutical Patents, Paragraph Iv, And Pay-For-Delay: The Landscape Of Drung Patent Litigation And The Lessons Provided For The Recently Passed Biosimilar Approval Pathway, Brett Havranek

Intellectual Property Brief

No abstract provided.

Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson

Intellectual Property Brief

No abstract provided.

Masthead & Table Of Contents , Au Intellectual Property Brief

Intellectual Property Brief

No abstract provided.

Pharmaceutical Patents, Paragraph Iv, And Pay-For-Delay: The Landscape Of Drung Patent Litigation And The Lessons Provided For The Recently Passed Biosimilar Approval Pathway, Brett Havranek

Intellectual Property Brief

No abstract provided.

Policing The Information Super Highway: Custom's Role In Digital Piracy, Andrew Haberman

Intellectual Property Brief

No abstract provided.

Riaa Monetary Recoveries In Illegal Downloading Cases Pale In Comparison To Legal Fees Paid, Ashley Kobi

Intellectual Property Brief

No abstract provided.

Australian Band Men At Work To Pay For Copyright Infringement, Jack Korba

Intellectual Property Brief

No abstract provided.

Thailand Thumbs Nose At Ustr, Makes Affordable Aids Treatment Top Priority, Greg Lultschik

Intellectual Property Brief

No abstract provided.

Judge To Inventor: You Can’T Trademark A Circle, Eric Perrot

Intellectual Property Brief

No abstract provided.

Court Closes The Door On Inventors, Open A Window For Business-Method Patents, Kristin Wall

Intellectual Property Brief

No abstract provided.

Imagining The Law: Art, Christine Haight Farley

Contributions to Books

Law’s relations to art--to its creation, its production, and dissemination, its restriction as well as to commercial and contractual agreements about art works—are as multiform and complex as the category of art itself. Acknowledging that there is no discrete body of law that governs art, the author defines art law as “the survey of legal issues raised by art, artist, and the art world” and surveys four central themes: the law as art, the law of art, the law of creativity, and the collision of art and law. Any legal dispute about art usually evokes a plea for special legal …

Using Competition Law To Promote Access To Knowledge, Sean Flynn

Contributions to Books

One of the points of convergence among the many strands of the A2K movement is resistance to the one-size-fits-all ratcheting up of intellectual property provisions around the world. The resistance is grounded in analysis showing that intellectual property rules often create social costs that far outweigh their intended benefits. Much of the A2K movement’s advocacy for limitations of intellectual property rights is located within the field of intellectual property law – promoting the inclusion and use of balancing mechanisms within the laws granting intellectual property rights. But intellectual property rights are also shaped and limited by their interaction with other …

Does Gender Influence Attitudes Toward Copyright In The Filk Community , Melissa Tatum, Robert Spoo, Benjamin Pope

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Copyright Principles Project: Directions For Reform, Michael W. Carroll, Pamela Samuelson, Members Of The Cpp

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Recut, Reframe, Recycle: The Shaping Of Fair Use Best Practices For Online Video, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

This article discusses the intertwining of creative and copyright practices, as demonstrated by the emergence and evolution of standards to assess fair use in online video from 2007-2009. The development of such standards demonstrates the effectiveness of community-based standards to expand the utility of fair use and the importance of practice in affecting the interpretation of law. This process demonstrates the relationship between copyright practice and creative practice.

Special 301 And Access To Medicine In The Obama Administration, Sean Flynn

Scholarly Articles in Law Reviews & Journals

I. Introduction

This article examines the history and current use of the Special 301 program to restrict access to generic medicines in developing countries, specifically the 2009 and 2010 reports released under the Obama Administration. The news for access to medicines advocates is not good overall. Both reports continue the previous Administration’s policies of using Special 301 to promote Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) policies (“TRIPS-plus”) endangering access to medicines for millions of people worldwide. These policies violate not only the Obama Administration’s pledges to promote access to affordable medications in developing countries, but also U.S. commitments under …

The Statute Of Anne: Today And Tomorrow, Peter Jaszi, Craig Joyce, Marshall A. Leaffer, Tyler Trent Ochoa

Scholarly Articles in Law Reviews & Journals

This essay provides the epilogue to the University of Houston’s Institute for Intellectual Property & Information Law’s 2010 National Conference, “The ©©© Conference: Celebrating Copyright’s tri-Centennial,” in Santa Fe, New Mexico. The conference focused on the Statute of Anne, the first copyright statute ever, anywhere, enacted by the British Parliament in 1710.

Copyright law in the United States, the lineal descendant of the Statute of Anne, has managed to negotiate a course between over-protecting and under-protecting copyrighted matter, and to strike at least a rough balance between the social interest in securing capital investment, on the one hand, and encouraging …

A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson

American University International Law Review

This article covers a timely set of issues concerning the relationship between intellectual property rights (“IPRs”) associated with foreign investments, state-authorized compulsory licenses, trade law (in particular, the TRIPS Agreement), and claims for indirect expropriation that might be brought in investment arbitration. I focus, as a case study, on compulsory licenses and claims of indirect expropriation. Compulsory licenses bear an inherently contentious character. This government authorized license often presents a clash between significant opposing interests – on one side, the legitimate expectations of patent based foreign investors founded on the international investment agreement (“IIA”) and a patent regime that, for …

Untold Stories In South Africa: Creative Consequences Of The Rights-Clearing Culture For Documentary Filmmakers, Peter Jaszi, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective filmmaking posed by escalating
copyright clearance requirements.

Product Placement Or Pure Entertainment? Critiquing A Copyright-Preemption Proposal, Kristen E. Riccard

American University Law Review

No abstract provided.

Brief Of Eleven Law Professors And Aarp As Amici Curiae In Support Of Respondent, Bilski V. Kappos, 130 S. Ct. 3218 (2010) (No. 08-964), Joshua Sarnoff, Lori Andrews, Andrew Chin, Ralph Clifford, Christine Farley, Sean Flynn, Debra Greenfield, Peter Jaszi, Charles Mcmanis, Lateef Mtima, Malla Pollack

Amicus Briefs & Court Filings

This is the brief filed by Joshua Sarnoff and Barbara Jones on behalf of various law professors and AARP in the Bilski v. Kappos case, discussing constitutional limits to the Patent power.