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Articles 751 - 780 of 815
Full-Text Articles in Intellectual Property Law
Proposal For A Green Patent System: Implications For Sustainable Development And Climate Change, Itaru Nitta
Proposal For A Green Patent System: Implications For Sustainable Development And Climate Change, Itaru Nitta
Sustainable Development Law & Policy
No abstract provided.
Analysis Of Options For Implementing Disclosure Of Origin Requirements In Intellectual Property Applications, Joshua D. Sarnoff, Carlos M. Correa
Analysis Of Options For Implementing Disclosure Of Origin Requirements In Intellectual Property Applications, Joshua D. Sarnoff, Carlos M. Correa
Traditional Knowledge and Culture
In 2002, the Conference of the Parties (COP) of the Convention on Biological Diversity (CBD) at its Sixth Meeting adopted the Bonn Guidelines to address access to genetic resources and fair and equitable benefit-sharing arising from use of those resources. In the Bonn Guidelines, the CBD COP invited Parties and governments to encourage disclosure of the country of origin of genetic resources and of associated traditional knowledge in applications for intellectual property where the subject matter of the application concerns or makes use of such knowledge in its development. Since 2002, various proposals to facilitate or to mandate such “disclosure …
Judging Art, Christine Farley
Judging Art, Christine Farley
Scholarly Articles in Law Reviews & Journals
What is art? Surprisingly, this question is addressed in various places in the law. At these junctures, courts typically attempt to avoid making a judgment. Indeed, the law generally resists any definition of art. The reasons given for this are that these determinations are too subjective for the courts and that judges lack proper training and expertise. Thus, the doctrine of avoidance is the most stable and explicitly stated proposition to be found in these encounters. However, the question of whether an object is a work of art for treatment under the law is often unavoidable. This question gets resolved …
The Struggle For Music Copyright, Michael W. Carroll
The Struggle For Music Copyright, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
Inspired by passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Ironically, although music publishers and recording companies are among the most aggressive advocates for strong copyright in music today, music publishers in eighteenth-century England resisted extending copyright to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was originally far more circumscribed than …
Facing The Music: Traditional Knowledge And Copyright, Bryan Bachner
Facing The Music: Traditional Knowledge And Copyright, Bryan Bachner
Human Rights Brief
No abstract provided.
Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi
Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi
Amicus Briefs & Court Filings
Amicus on behalf of the Internet Archive and the CCIA, requesting the Supreme Court of the United States to deny the petition for certiorari in the MGM v. Grokster case.
The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn
The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn
American University Law Review
No abstract provided.
2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland
2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland
American University Law Review
No abstract provided.
2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis
2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis
American University Law Review
No abstract provided.
The Ethics Of Delaying Persecution, Lisa A. Dolak
The Ethics Of Delaying Persecution, Lisa A. Dolak
American University Law Review
No abstract provided.
The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley
The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley
Scholarly Articles in Law Reviews & Journals
In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …
Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll
Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …
Owning Enlightenment: Proprietary Spirituality In The New Age Marketplace, Walter Effross
Owning Enlightenment: Proprietary Spirituality In The New Age Marketplace, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll
A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or …
Reach-Through Claims In The Age Of Biotechnology , Stephen G. Kunin, Mark Nagumo, Brian Stanton, Linda S. Therkorn, Stephen Walsh
Reach-Through Claims In The Age Of Biotechnology , Stephen G. Kunin, Mark Nagumo, Brian Stanton, Linda S. Therkorn, Stephen Walsh
American University Law Review
No abstract provided.
2001 Patent Law Decisions Of The Federal Circuit , Jaseph Ferraro
2001 Patent Law Decisions Of The Federal Circuit , Jaseph Ferraro
American University Law Review
No abstract provided.
Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander
Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander
American University Law Review
No abstract provided.
2001 Federal Circuit Trademark Roundup , Andrew Hartman, Lisa K. Koenig
2001 Federal Circuit Trademark Roundup , Andrew Hartman, Lisa K. Koenig
American University Law Review
No abstract provided.
Transcript For Welcome Address , Andrew Pike
Transcript For Welcome Address , Andrew Pike
American University Law Review
No abstract provided.
Symposium: The Human Genome Project, Dna Science And The Law: The American Legal System's Response To Breakthroughs In Genetic Science: Biographies Of Participants
American University Law Review
No abstract provided.
Transcript For Panel One: Intellectual Property And Genetic Science: The Legal Dilemmas Symposium, American University Law Review
Transcript For Panel One: Intellectual Property And Genetic Science: The Legal Dilemmas Symposium, American University Law Review
American University Law Review
No abstract provided.
Extending The Revisionist Project, Lewis Grossman
Extending The Revisionist Project, Lewis Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&M Records, Inc. V. Napster, Inc., Michael W. Carroll
Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&M Records, Inc. V. Napster, Inc., Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
This symposium Article analyzes the Ninth Circuit's decision in A&M Records, Inc. v. Napster, Inc. After setting the stage with a comparison to the rise of cable television, and a description of the technologies underpinning Napster's service, the Article analyzes the doctrinal developments in the Ninth Circuit's opinion. The principal analytical points are that: (1) the court's definitions of "sampling" and "space-shifting" were overbroad, leading to oversimple fair use analysis; (2) the court's treatment of vicarious liablility for copyright infringement is doctrinally incoherent because it suggests that liability depends on whether a third party has "turn[ed] a blind eye" toward …
Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal
Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal
American University Law Review
No abstract provided.
Review Of The 1999 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit , Phil N. Makrogiannis
Review Of The 1999 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit , Phil N. Makrogiannis
American University Law Review
No abstract provided.
Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird
Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird
American University Law Review
No abstract provided.
Resolving Tensions Between Copyright And The Internet, Walter Effross
Resolving Tensions Between Copyright And The Internet, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley
Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley
Scholarly Articles in Law Reviews & Journals
It should not be surprising that the United States is not a major proponent of the protection of geographical indications. Countries that stand to benefit the most from this protection are those that have a long history of traditional industries, such as many European countries. These historical differences may help explain the stance that the United States has taken with regard to the protection of geographical indications, as compared to its stance towards other intellectual property rights negotiated in TRIPs Agreement. But the inability of the U.S. to benefit to the same extent as European countries, because of its apparent …
Survey Of Patent Law Decisions In The Federal Circuit: 1998 In Review , Robert J. Mcmanus, Cindy Ahn, Christina Karnakis, Rafael E. Rodriguez, Jacqueline D. Wright
Survey Of Patent Law Decisions In The Federal Circuit: 1998 In Review , Robert J. Mcmanus, Cindy Ahn, Christina Karnakis, Rafael E. Rodriguez, Jacqueline D. Wright
American University Law Review
No abstract provided.
How Much Fuel To Add To The Fire Of Genius? Some Questions About The Repair/Reconstruction Distinction In Patent Law , Arthur J. Gajarsa, Evelyn Mary Aswad, Joseph S. Cianfrani
How Much Fuel To Add To The Fire Of Genius? Some Questions About The Repair/Reconstruction Distinction In Patent Law , Arthur J. Gajarsa, Evelyn Mary Aswad, Joseph S. Cianfrani
American University Law Review
No abstract provided.