Intellectual Property Law Commons^™

Patenting Business Methods In Europe: What Lies Ahead?, Matthew E. Fink

Indiana Law Journal

No abstract provided.

Balancing Ease And Accuracy In Assessing Pharmaceutical Exclusion Payments, Mark D. Janis, Herbert Hovenkamp, Mark A. Lemley

Articles by Maurer Faculty

No abstract provided.

Copyrighting Facts, Michael Steven Green

Indiana Law Journal

No abstract provided.

Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley

Articles by Maurer Faculty

No abstract provided.

Transitions In Ip And Antitrust, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

U.S. Plant Variety Protection: Sound And Fury...?, Mark D. Janis, Jay P. Kesan

Articles by Maurer Faculty

This Article offers a critical reassessment of U.S. approaches to intellectual property protection for plant innovation. Three developments make this reassessment timely. First, the Supreme Court has finally confirmed that utility patent claims to plants and seeds satisfy the 35 U.S.C. Section 101 subject matter eligibility requirement. Plant innovation in the United States is now subject to utility patent protection, as well as concurrent protection under the Plant Variety Protection Act (PVPA). However, little work has been done to explain the role of PVPA protection in a system of concurrent protection, or to develop a coherent policy vision within which …

Patent Abolitionism, Mark D. Janis

Articles by Maurer Faculty

In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …

Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis

Indiana Journal of Global Legal Studies

No abstract provided.

Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps

Indiana Journal of Global Legal Studies

No abstract provided.

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Indiana Journal of Global Legal Studies

No abstract provided.

Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein

Indiana Law Journal

Addison C. Harris Lecture, November 9,2000.

Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis

Articles by Maurer Faculty

This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …

Making Sense Out Of Antisense: The Enablement Requirement In Biotechnology After Enzo Biochem V. Calgene, Matthew D. Kellam

Indiana Law Journal

No abstract provided.

The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer

Articles by Maurer Faculty

The author of this article forecasts an increasingly troubled future, if not the demise of the doctrine of fair use in copyright law. Legal developments, both at home and abroad, driven by technological change, and the push toward the international harmonization of legal norms, threaten the very survival of fair use. Given these realities the doctrine will, of necessity, be reconceptualized Although fair use values will always be inscribed in copyright law, these values will have their practical manifestation in decentralized form, and effectuated, in large part, through industry agreement. They will exist in conjunction with certain bright line exceptions …

Offensive Protection: The Potential Application Of Intellectual Property Law To Scripted Sports Plays, Proloy K. Das

Indiana Law Journal

No abstract provided.

When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan

Federal Communications Law Journal

Digital streaming capabilities have enabled real-time Internet transmission of video signals. The advent of "Webcasting" will potentially change the way in which programming reaches audiences-increasing diversity in content as well as customer choice. Currently, cable and satellite systems secure retransmission rights to broadcast programming through statutory copyrights, and debate has ensued over whether online retransmitters should benefit from the same. This Article describes the evolution of streaming video over the Internet and examines the economic exploitation of such technology. After offering an overview of the compulsory copyright system, the Article analyzes the applicability of statutory licenses to Internet retransmissions of …

Interpreting The Copyright Act’S Section 201(C) Revision Privilege With Respect To Electronic Media, Robert Meitus

Federal Communications Law Journal

New electronic media-including CD-ROMs and online services such as LEXIS/NEXIS-offer new outlets to which traditional publishers can disseminate the content of their publications. Recently, in Tasini v. New York Times, freelance authors claimed that the publishing industry allegedly infringed their copyrights in the underlying works of authorship. In absence of express agreements to the contrary, the authors maintained that section 201(c) of the Copyright Act gives the publishers only the limited privilege of publishing an article as part of a "particular collective work, any revision of that collective work, and any later collective work in the same series" and that …

The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das

Federal Communications Law Journal

This Note examines the development of the fair-use defense to other new technologies, such as the VCR and photocopier, and concludes that courts generally make the fair-use defense available in cases involving copying using new technology. Such uses of the technology have contributed, rather than deterred, to both the bettering of the technology itself and increasing the use of a copyright work. Ultimately, the increased uses reward the copyright holder. Next, this Note applies fair-use cases to new technology in the music industry, namely the increase availability of music on the Internet and a device known as the Rio, which …

Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis

Federal Communications Law Journal

The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …

The Digital Millennium Copyright Act And Library Liability, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

Inter Partes Patent Reexamination, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern

Articles by Maurer Faculty

In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.

With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of …

Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds

Federal Communications Law Journal

Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …

Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji

Indiana Journal of Global Legal Studies

No abstract provided.

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Indiana Law Journal

No abstract provided.

The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams

Federal Communications Law Journal

The Internet environment has presented copyright law with a development unlike any other this century. The illegal trading of copyrighted works has become easier than ever. Until recently, it was possible to hold online service providers strictly liable for the infringing actions of their users, regardless of whether the provider had knowledge of any infringing activity. While promoting the policy of copyright law, upholding such a standard had the potential to limit Internet speech and retard its growth. Seeing this, Congress began to debate on legislation that would protect innocent service providers from this liability. This Note argues that with …

Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara

Indiana Journal of Global Legal Studies

No abstract provided.

A Tale Of The Apocryphal Axe: Repair, Reconstruction, And The Implied License In Intellectual Property Law, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.