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Articles 211 - 240 of 240
Full-Text Articles in Intellectual Property Law
Should China Provide Intellectual Property Protection For Genetically Modified Animals?, Ke Geng
Should China Provide Intellectual Property Protection For Genetically Modified Animals?, Ke Geng
Northwestern Journal of International Law & Business
The advent of recombinant genetic engineering techniques has revolutionized biotechnology. The biomedicine and biotechnology industries have extensively employed these techniques to improve the quality of agricultural crops and livestock and to create genetically modified organisms ("GMOs") in order to produce drugs. Since as much as twenty-five percent of the world's intellectual property-related trade involves biotechnology, many countries have realized the importance of providing intellectual property protection for biotechnological technologies, including GMOs. In the past decade, China's booming economy has helped make its biotechnological market the fastest growing market in the world. To stimulate innovation and attract private investment in its …
Restating The Private Benefit Doctrine For A Brave New World, Darryll K. Jones
Restating The Private Benefit Doctrine For A Brave New World, Darryll K. Jones
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ethical Issues Arising From The Investigation Of Activities Of Intellectual Property Infringers Represented By Counsel, Phillip Barengolts
Ethical Issues Arising From The Investigation Of Activities Of Intellectual Property Infringers Represented By Counsel, Phillip Barengolts
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Nominative Fair Use: Jardine And The Demise Of A Doctrine, Chad J. Doellinger
Nominative Fair Use: Jardine And The Demise Of A Doctrine, Chad J. Doellinger
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Who Owns The View? Chicago Cubs V. Rooftop Owners, Or Chicago National League Ball Club, Inc. V. Sky Box On Waveland, L.L.C., Charles Shifley, Patrick Shifley
Who Owns The View? Chicago Cubs V. Rooftop Owners, Or Chicago National League Ball Club, Inc. V. Sky Box On Waveland, L.L.C., Charles Shifley, Patrick Shifley
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Community Design: European Union-Wide Protection For Your Design Portfolio, Christopher M. Aide
The Community Design: European Union-Wide Protection For Your Design Portfolio, Christopher M. Aide
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Challenge Of Valuing Intellectual Property Assets, Jody C. Bishop
The Challenge Of Valuing Intellectual Property Assets, Jody C. Bishop
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Application Of The Electronic Communications And Transactions Act To Online Merchants From Other Jurisdictions, Hlengiwe Zondo-Kabini
Application Of The Electronic Communications And Transactions Act To Online Merchants From Other Jurisdictions, Hlengiwe Zondo-Kabini
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Future Of Electronic Contracts In International Sales: Gaps And Natural Remedies Under The United Nations Convention On Contracts For The International Sale Of Goods, Jennifer E. Hill
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Interview With Blake A. Bell, Blake A. Bell
Interview With Blake A. Bell, Blake A. Bell
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn
Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Profile Of Dolby Laboratories: An Effective Model For Leveraging Intellectual Property, Pamela Hawkins Williams, Dotcy Isom Iii, Tiffini D. Smith-Peaches
A Profile Of Dolby Laboratories: An Effective Model For Leveraging Intellectual Property, Pamela Hawkins Williams, Dotcy Isom Iii, Tiffini D. Smith-Peaches
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The European Union Privacy Directive And Its Impact On The U.S. Privacy Protection Policy: A Year 2003 Perspective, Chuan Sun
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy
The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy
Northwestern Journal of International Law & Business
This article provides a comprehensive analysis of the origins, purpose and scope of protection for test and other data required by TRIPS Article 39.3. Through this analysis, which looks to the ordinary meaning of the provision in proper context in the same manner as would a WTO dispute settlement panel or the WTO Appellate Body, we conclude that Article 39.3 provides protection against the unjust or unfair application or conversion of certain test and other data to make a profit or to obtain a benefit. Such protection must be provided long enough to allow the originator to at least recoup …
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
Northwestern Journal of International Law & Business
The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability …
Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan
Northwestern Journal of International Law & Business
International legal research regarding international economic dispute settlement tends to be a-theoretical. A theoretically-grounded analytic framework is employed in this article which draws from scholarship from political science, sociology, and economics regarding institutions and international governmental organizations. The knowledge-legitimacy-efficiency analytic framework is applied in this article to studies of General Agreement on Tariffs and Trade (GA TT)/World Trade Organization (WTO) dispute settlement in order to relate this relevant scholarship to the economic field under primary study, Internet domain names. GA TT/WTO knowledge regarding international trade law has thickened through multi-lateral trade negotiations and dispute settlement decisions. The WTO's legitimacy is …
Levi Strauss V. Tesco And E.U. Trademark Exhaustion: A Proposal For Change, Kimberly Reed
Levi Strauss V. Tesco And E.U. Trademark Exhaustion: A Proposal For Change, Kimberly Reed
Northwestern Journal of International Law & Business
When the European Court of Justice ("ECJ") issued its final decision in the case of Levi Strauss & Co. v. Tesco Stores Ltd. in November 2001, affirming Levi Strauss' right to keep cut-price imported Levis out of the European Union ("E.U."), the general public was outraged at the perceived blow to consumer rights. The ECJ's decision to allow Levi Strauss to prohibit "gray market" imports of its jeans from the United States for resale in the United Kingdom at prices much cheaper than Levi Strauss' own U.K. prices was characterized as protecting "big business" at the expense of consumers. While …
Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow
Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow
Northwestern Journal of International Law & Business
Although the discussion in this Article is limited to counterfeiting in China, many of the issues discussed are endemic to the Chinese legal system as a whole, and apply also to other intellectual property rights, such as copyright piracy and patent infringements. Moreover, many of the themes raised in this Article also illuminate the current state of the nascent Chinese legal system as a whole and how its capacity is tested as it continues the struggle to keep pace with China's many economic reforms and accompanying social changes. Part I of this Article begins with a review of the enforcement …
Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer
Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer
Northwestern Journal of International Law & Business
This article explores some of the issues in international licensing and, particularly, in the evolution of information-based contracts.
Special 301 And Taiwan: A Case Study Of Protecting United States Intellectual Property In Foreign Countries, Y. Kurt Chang
Special 301 And Taiwan: A Case Study Of Protecting United States Intellectual Property In Foreign Countries, Y. Kurt Chang
Northwestern Journal of International Law & Business
On April 30, 1993, the United States Trade Representative (USTR) placed Taiwan on the "priority watch list" of countries that failed to protect United States intellectual property rights.' Although countries on the priority watch list are not as egregious in violating United States intellectual property rights as those identified as "priority foreign countries," Taiwan was targeted for an immediate action plan, requiring it to take specific actions before July 31, 1993, or else risk being the subject of a trade sanction. Under the intense pressure from the United States, the ruling party of Taiwan rammed through the legislature the first …
Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang
Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang
Northwestern Journal of International Law & Business
These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …
Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers
Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers
Northwestern Journal of International Law & Business
The courts of both the United States and the European Communities have upheld the legality of various licensing restrictions. One such restriction, the "field-of-use" restriction, is the subject of this article. A field-of-use restriction prohibits a licensee from realizing the benefits of the license in certain technical fields. Field-of-use restrictions are usually written as restricting use to a particular field rather than listing prohibited fields… This article first sets forth an economic justification for the legality of field-of-use restrictions, concluding that such restrictions are usually pro-competitive. The article then analyzes the relevant law in both the United States and the …
Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West
Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West
Northwestern Journal of International Law & Business
The use of remote sensing of the earth by satellite has grown tremendously since the United States launched the first such satellite, Landsat 1, in 1972. In 1984, the Land Remote Sensing Commercialization Act began the gradual transfer of the United States Landsat program to the private sector. The Earth Observation Satellite Company (EOSAT) is the private operator licensed pursuant to the Act, and is preparing to launch the first privately-operated remote sensing satellite, Landsat 6, in 1991. The Commercialization Act requires operators to make raw data available to all users on a nondiscriminatory basis, but it does not preclude …
Compulsory Patent Licensing In The United States: An Idea Whose Time Has Come, Cole M. Fauver
Compulsory Patent Licensing In The United States: An Idea Whose Time Has Come, Cole M. Fauver
Northwestern Journal of International Law & Business
This Comment will consider several of the more common grounds justifying compulsory licenses, particularly as they affect international transactions. After analyzing the dynamic between each theory's practical economic effect and general economic philosophy, the Comment will then question whether the current United States policy against general compulsory licenses remains viable in today's economic markets.
Section 337 And Gatt And The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark Modak-Truran
Section 337 And Gatt And The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark Modak-Truran
Northwestern Journal of International Law & Business
The burgeoning of new technology such as semiconductor chips, computer software, genetic engineering, pharmaceuticals and other chemical processes raises important international trade issues for the protection of intellectual property rights. Inadequate protection has left the door open for pirating and counterfeiting. Section 337 of the United States Tariff Act of 1930 ("Section 337") protects intellectual property rights from international pirating and counterfeiting. It provides a mechanism for excluding fringing imports from the United States marketplace. In Re United States Litigation between E.I. Dupont de Nemours & Co. and Akzo N.V., the EC Commission determined that the procedure followed under Section …
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Northwestern Journal of International Law & Business
The pirates of modern Singapore threaten to undermine the international trade of copyrighted works. Advancements in technology have facilitated the inexpensive reproduction of books, audio and video cassettes, and computer programs. Printing, video, and audio pirates have found Singapore well suited to the unauthorized copying of protected works. Literature and music reproduced in Singapore has found its way to markets throughout the world. To persuade Singapore to protect intellectual property, United States and British business organizations, the United States government, and the governing bodies of international intellectual property conventions have proposed measures ranging from educational programs to economic reprisals. Still, …
Grey Market Imports: A Genuine Problem For The United States Trademark Owner, Customs Service, And Courts, Barbara A. Curry
Grey Market Imports: A Genuine Problem For The United States Trademark Owner, Customs Service, And Courts, Barbara A. Curry
Northwestern Journal of International Law & Business
Each year billions of dollars worth of goods are produced by foreign manufacturers and legitimately sold abroad under a particular trademark and are then imported into the United States and sold without permission from the foreign manufacturers or the authorized United States distributors of these goods. When imported into this country, these foreign goods are sold in competition with goods of the owners of the United States trademark rights in the identical foreign marks. Such goods have come to be known as "grey market" imports. These goods are not counterfeit products, which are often called "black market" goods; rather, they …
The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley
The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley
Northwestern Journal of International Law & Business
In this article, Mr. Holley examines the ways in which the EEC Commission's interpretations of the EEC Treaty, European Court decisions, and suggestions made by Member States and industry influence the development of EEC law. By focusing on the Commission's draft patent licensing regulation, the author identifies existing conflicts between preserving patent rights and the EEC objectives of protecting competition and the free flow of goods among the Member States.
International Patent Licensing Agreements And Conflict Of Laws, Giovanna Modiano
International Patent Licensing Agreements And Conflict Of Laws, Giovanna Modiano
Northwestern Journal of International Law & Business
The choice of law rules applicable to disputes involving patent li- censing agreements was a subject that attracted considerable interest among prominent legal scholars in the 1950's.' During the following decade the attention of European scholars concerned with patent li- censing shifted to more substantive issues.2 In recent years, however, an interest in choice of law problems relating to patent licensing agree- ments has been revived.
The Value Of Territorial And Field-Of-Use Restrictions In The International Licensing Of Unpatented Know-How: An Empirical Study, Joel A. Bleeke, James A. Rahl
The Value Of Territorial And Field-Of-Use Restrictions In The International Licensing Of Unpatented Know-How: An Empirical Study, Joel A. Bleeke, James A. Rahl
Northwestern Journal of International Law & Business
Data concerning the international transfer of technology, particularly in the area of unpatented know-how, are relatively scarce. In this article, Mr. Bleeke and Professor Rahl present the results of one of the first empirical studies conducted in this field. The study, in which signifcant information was gathered from United States corporate licensing attorneys and executives, is focused upon the extent to which territorial and field-of-use restrictions are necessary to facilitate the international transfer of unpatented know-how. The results provide a clearer picturefor both policy makers and practitioners in the field.