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Articles 301 - 330 of 355
Full-Text Articles in Intellectual Property Law
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Introduction, Jacqueline Mcmurtrie
Introduction, Jacqueline Mcmurtrie
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Slow Logo: Brand Citizenship In Global Value Networks, Margaret Chon
Slow Logo: Brand Citizenship In Global Value Networks, Margaret Chon
Faculty Articles
This article makes a case for a theoretical departure from dominant approaches to trademark law. It explains and then connects information capitalism to new governance through the heuristic of brand citizenship. Through these suggested analytical lenses, it examines a case study of ‘Big Fashion,’ which has become a highly concentrated industry focused almost solely on maximizing shareholder profit without regard to consumer, environment, or labor impact. It then concludes with some suggestions regarding the functions of brand citizenship in increasingly globalized markets where downward pressure on prices translates into greater global public “bads” often imposed upon the most vulnerable. For …
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
Seattle University Law Review
While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …
Gas Tax Agreements In Indian Country, Jonathan White
Gas Tax Agreements In Indian Country, Jonathan White
American Indian Law Journal
No abstract provided.
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott
American Indian Law Journal
No abstract provided.
The Public Nature Of Indian Reservation Roads, M. Brent Leonard
The Public Nature Of Indian Reservation Roads, M. Brent Leonard
American Indian Law Journal
No abstract provided.
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith
American Indian Law Journal
No abstract provided.
Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens
Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens
American Indian Law Journal
No abstract provided.
Law Professor As Artist: Themes And Variations In Keith Aoki's Intellectual Property Scholarship, Margaret Chon
Law Professor As Artist: Themes And Variations In Keith Aoki's Intellectual Property Scholarship, Margaret Chon
Faculty Articles
This memorial tribute to the late Keith Aoki traces the impact of his intellectual property scholarship, particularly in the area of genetic resources.
The Romantic Collective Author, Margaret Chon
The Romantic Collective Author, Margaret Chon
Faculty Articles
Although the romantic collective author is a much more elusive creature than its romantic individual counterpart, it can be discerned amidst the proliferation of expression on the Internet. This article first outlines the ways in which the romantic author effect operates through both its genius and its arbiter prongs within collaborative authorship practices in digital networks. It next turns to scientific collaboration, where this author effect is attenuated, to assess whether scientific authorship practices might contribute to a more realistic and less romantic understanding of expressive authorship practices. A subsequent case study of collaborative digital authorship by Wikipedia contributors uncovers …
Global Intellectual Property Governance (Under Construction), Margaret Chon
Global Intellectual Property Governance (Under Construction), Margaret Chon
Faculty Articles
Top down as well as bottom-up models of regulation are shifting to a governance paradigm characterized by the greater interaction among public, private and civil society sectors, as well as potential increased flexibility of law. As applied to intellectual property, particularly in the international context, governance literature is emerging but still episodic. This article examines the World Intellectual Property Organization’s Development Agenda, currently being implemented through its Committee on Development and Intellectual Property. WIPOs efforts to address global development goals with intellectual property can be theorized through the more participatory and dynamic legal mechanisms promised by global governance. Among the …
Sticky Knowledge In Copyright, Margaret Chon
Sticky Knowledge In Copyright, Margaret Chon
Faculty Articles
Knowledge is sticky because it adheres to people along social routes, lodged within relational and collective modalities, as well as through copyright's proverbial fixed works that can be transacted more freely. Sticky knowledge may in fact constitute a much larger body of knowledge than we usually acknowledge in intellectual property and may intersect with copyright in unexpected ways. This Article delves into sticky knowledge, which has been referenced often outside of intellectual property and sometimes within the laws of patents and trade secrets but almost not at all within copyright law. Under what circumstances will sticky knowledge encourage robust knowledge …
Marks Of Rectitude, Margaret Chon
Marks Of Rectitude, Margaret Chon
Faculty Articles
Trademarks and certification marks increasingly denote sustainability or social responsibility standards. These marks of rectitude are particularly noticeable in the context of global trade, where market integration is accompanied by relatively uneven integration of environmental, labor and other standards, and where consumers in the so-called global North choose how to empower producers and/or encourage development of markets in the global South. But consumer participation in these transactions is under-explored by reference to criteria such as the quality not to mention accountability and transparency of the standards embedded within the goods or services. Newer stakeholders and meaning-makers such as the largely …
An Unaccountable Familiarity: A Dual Solution To The Problem Of Theft In Theatrical Productions, Jeannette Gunderson
An Unaccountable Familiarity: A Dual Solution To The Problem Of Theft In Theatrical Productions, Jeannette Gunderson
Seattle University Law Review
The production of a play as a whole is a derivative work of joint authorship; thus, copyright law should protect it. As a work of authorship, the sum of the design elements that form a production are protectable by copyright because the production is an original creation; while based on the text of the play, any given production is developed separately from the underlying work and merits its own protection.8 Because of the collaborative and interdependent nature of a production of a play, musical, or opera, the resulting combination of all aspects of design and direction should be protected as …
The Robinson-Patman Act And Consumer Welfare: Has Volvo Reconciled Them?, John B. Kirkwood
The Robinson-Patman Act And Consumer Welfare: Has Volvo Reconciled Them?, John B. Kirkwood
Seattle University Law Review
In this article, I address that broader question. In Part II, I summarize the facts and opinions in Volvo, particularly the final section of the majority opinion where the Court observed that Volvo's discrimination was procompetitive. In Part III, I review the growing consensus in antitrust law that the fundamental goal of the antitrust statutes (other than the Robinson-Patman Act) is to promote consumer welfare. Today when most courts say that a practice furthers competition, they mean that it improves consumer welfare-specifically, the welfare of consumers in the relevant market. In Part IV, I use that interpretation of …
Patent Ships Sail An Antitrust Sea, Joseph Scott Miller
Patent Ships Sail An Antitrust Sea, Joseph Scott Miller
Seattle University Law Review
The deeper truths evoked by patent ships sailing an antitrust sea are three. First, free competition is the pervasive, baseline reality, the background norm; patent protection is the temporary, partial exception. Second, we grasp both patent and antitrust policy with a common science: economics. Third, although neither patent nor antitrust law doctrines are good tools for fixing fundamental problems in the other body of law, both bodies of law help us better understand the shortcomings of the other. I explore these ideas in turn, below.
Independent Ink At The Crossroads Of Antitrust And Intellectual Property Law: The Court's Holding Regarding Market Power In Cases Involving Patents And Implications In Cases Involving Copyrights, Leonard J. Feldman, Rima J. Alaily, Chad D. Farrell
Independent Ink At The Crossroads Of Antitrust And Intellectual Property Law: The Court's Holding Regarding Market Power In Cases Involving Patents And Implications In Cases Involving Copyrights, Leonard J. Feldman, Rima J. Alaily, Chad D. Farrell
Seattle University Law Review
By eliminating the market power presumption for patent holders, Independent Ink calls into question the presumption's continued validity for tying arrangements involving copyrights. While the Court's holding directly applies only to patents, we present three reasons why, after Independent Ink, the presumption can no longer be viable in antitrust lawsuits challenging a tying arrangement involving a copyrighted product. First, the Court's rationale for eliminating the presumption including citations to extensive academic writings, agency guidelines, and legislative amendments precludes the presumption's continued application in any other context. Second, copyrights are significantly less likely than patents to confer market power because …
Fostering Economic Growth In The High-Technology Field: Washington Should Abandon Its Recognition Of The Inevitable Disclosure Doctrine, Sarah J. Taylor
Fostering Economic Growth In The High-Technology Field: Washington Should Abandon Its Recognition Of The Inevitable Disclosure Doctrine, Sarah J. Taylor
Seattle University Law Review
Part II of this Comment discusses the history and need for trade secret law, while providing an overview of Washington's current application of trade secret law. This Part also notes the risks associated with enforcing a valid trade secret misappropriation claim. Part III addresses the history and importance of noncompetition agreements, as well as their inherent conflict with the notion of employee mobility. Washington's recognition of reasonable noncompetition agreements is also discussed. Part IV discusses the modem application of the doctrine of inevitable disclosure, as well as the benefits and costs of recognizing the doctrine in Washington. Finally, Part V …
Your Licensor Has A License To Kill, And It May Be Yours: Why The Ninth Circuit Should Resist Bankruptcy Law That Threatens Intellectual Property Licensing Rights, Jon Minear
Seattle University Law Review
In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy Code ("the Code") in a manner that makes inaction or ignorance perilous for IP licensees whose licensor declares bankruptcy. Although Congress amended the Code to protect a licensee from losing technology rights in these situations, the Seventh Circuit has narrowly interpreted a strikingly similar bankruptcy provision involving real-estate leases and, in doing so, has cast doubt on the efficacy of the licensee protections found in section 365(n) of the Code. In addition, this circuit has broadly interpreted another Code section dealing with title-clearing sales …
Antitrust Issues In The Settlement Of Patent Disputes, Part Iii, Thomas B. Leary
Antitrust Issues In The Settlement Of Patent Disputes, Part Iii, Thomas B. Leary
Seattle University Law Review
Once again, I will address the issue of litigation settlements between companies that hold patents on pharmaceutical products (sometimes "pioneers") and would-be generic entrants ("generics") who challenge the validity of the patent and/or a claim of infringement. This discussion will focus on the Tamoxifen opinion, with passing reference to other decisions. Obviously, reasonable people can disagree on these issues, but I still believe the Commission's approach in Schering was correct.
Unauthorized Annexing Of An Artist's World: An Argument For Creator-Assignee Standing To Sue For Copyright Infringement, Karen A. Skretkowicz
Unauthorized Annexing Of An Artist's World: An Argument For Creator-Assignee Standing To Sue For Copyright Infringement, Karen A. Skretkowicz
Seattle University Law Review
This Comment surveys the contemporary status of copyright law regarding a creator-assignee's standing to sue for infringement and the bases for allowing a creator-assignee to bring an infringement action. Part II begins the discussion with a review of the general principles of copyright law, including its constitutional and statutory frameworks, its underlying policies, and the moral rights doctrine. Part III continues with an overview of the general constitutional standing principles and real party in interest prerequisites. It then outlines the statutory and judicial limits on standing to sue under copyright law. Part IV discusses the issue of assignee standing in …
Intellectual Property From Below: Copyright And Capability For Education, Margaret Chon
Intellectual Property From Below: Copyright And Capability For Education, Margaret Chon
Faculty Articles
An approach to intellectual property from within a human development framework can contribute meaningfully to the WIPO Development Agenda, which was approved by the WIPO General Assembly in September 2007. Setting the proper regulatory balance between exclusive rights and access through exceptions and limitations to those rights is key to building national innovation capacity. A human development framework allows intellectual property norm-setters to prioritize the development of healthy and literate populations who are foundational to the functioning knowledge economies that intellectual property already assumes. Building upon an earlier piece in which Professor Chon posited that a substantive equality principle was …
Slouching Towards Development In International Intellectual Property, Margaret Chon, Denis Borges Barbosa, Andrés Moncayo Von Hase
Slouching Towards Development In International Intellectual Property, Margaret Chon, Denis Borges Barbosa, Andrés Moncayo Von Hase
Faculty Articles
An understanding of intellectual property's classic innovation mandate as only one of many cross-cutting development goals should be well-accepted by now within international intellectual property law and policy, given the pervasiveness of development rhetoric at the WTO, WIPO and other regional and bilateral fora. Yet development "walk" lags behind development "talk" on both international and domestic levels. This article focuses on how intellectual property can promote development, not only through innovation, but also by the promotion of broad-based human development implicitly underpinning global knowledge economies. First, we consider the rapidly evolving relationship of development and trade to intellectual property, and …
The Importance Of History To The Design Of Competition Policy Strategy: The Federal Trade Commission And Intellectual Property Law, William E. Kovacic
The Importance Of History To The Design Of Competition Policy Strategy: The Federal Trade Commission And Intellectual Property Law, William E. Kovacic
Seattle University Law Review
The Article's framework for considering the value of history in shaping strategy is the effort of the Federal Trade Commission (FTC) to apply its competition policy powers to issues involving intellectual property (IP). The Article chooses the example of intellectual property because of its importance to the modern work of the FTC and the increasingly significant place that intellectual property and, more generally, technology-driven innovation hold in the field of competition policy. To provide context for the discussion, Part II of the Article presents a profile of the FTC's modern competition policy initiatives concerning intellectual property. Part III then reviews …
January 1, 2003: The Birth Of The Unpublished Public Domain And Its International Implications, Elizabeth Townsend-Gard
January 1, 2003: The Birth Of The Unpublished Public Domain And Its International Implications, Elizabeth Townsend-Gard
Faculty Articles
On January 1, 2003, a small, quiet historic transformation took place throughout the United States: unpublished works in mass came into the public domain for the first time. Section 302 of the 1976 Copyright Act created a unified system of duration, whereby unpublished and published works carry a term of life of the author plus seventy years. In order to aid with a transition from a state common law perpetual system to a "limited Times" federal statutory system, the 1976 Copyright Act built two mechanisms for change in the form of Section 303(a). First, Section 303(a) guarantees that no work …
Intellectual Property And The Development Divide, Margaret Chon
Intellectual Property And The Development Divide, Margaret Chon
Faculty Articles
This article attempts to map the challenges raised by recent encounters between intellectual property and development. It proposes a normative principle of global intellectual property - one that is responsive to development paradigms that have moved far beyond simple utilitarian measures of social welfare. Recent insights from the field of development economics suggest strongly that intellectual property should include a substantive equality principle, measuring its welfare-generating outcomes not only by economic growth but also by distributional effects. A new principle of substantive equality is a necessary corollary to the formal equality principles of national treatment and minimum standards that are …
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.