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Articles 511 - 540 of 829
Full-Text Articles in Intellectual Property Law
The Conundrum Confronting Congress: The Patent System Must Be Left Untouched While Being Radically Reformed, 5 J. Marshall Rev. Intell. Prop. L. 268 (2006), Robert A. Armitage
The Conundrum Confronting Congress: The Patent System Must Be Left Untouched While Being Radically Reformed, 5 J. Marshall Rev. Intell. Prop. L. 268 (2006), Robert A. Armitage
UIC Review of Intellectual Property Law
Patent systems reforms have been recommended by a variety of interests, including the Federal Trade Commission and the National Academies of Science and the private sector. Although calls for radical reforms have undeniable merit, the effectiveness of the existing patent system as an incentive to investment in innovation must be left untouched in the reform process. Unwise reforms include awarding patent injunctions only sparingly and limiting patent damages to nominal amounts for inventions relating to patentable combinations made of existing components. There are, however, “three pillars” that should guide reform: (1) introduce full transparency and objectiveness into the tests for …
Biotechnology's Prescription For Patent Reform, 5 J. Marshall Rev. Intell. Prop. L. 318 (2006), Christopher M. Holman
Biotechnology's Prescription For Patent Reform, 5 J. Marshall Rev. Intell. Prop. L. 318 (2006), Christopher M. Holman
UIC Review of Intellectual Property Law
On June 8, 2005, Congressman Lamar Smith introduced H.R. 2795, the “Patent Reform Act of 2005,” aimed at improving the quality and certainty of issued patents, simplifying the patent procurement process, harmonizing U.S. law with international practice, and reining in abusive patent enforcement practices. Congress has set the legislation aside for the time being, but will likely revisit the issue again shortly. The biotechnology industry, one of the fastest growing sectors in the United States economy, strongly opposes many of the proposed reforms. This paper considers the Congressional testimonies of the Biotechnology Industry Organization (“BIO”) and other representatives of biotechnology’s …
Suppression Of Innovation Or Collaborative Efficiencies?: An Antitrust Analysis Of A Research & Development Collaboration That Led To The Shelving Of A Promising Drug, 5 J. Marshall Rev. Intell. Prop. L. 348 (2006), Saami Zain
UIC Review of Intellectual Property Law
This article discusses antitrust issues present in research and development collaborations between competitors. In particular, it illustrates that, although often very beneficial, these collaborations may have the potential for considerable harm via suppression of innovation. The article examines a recent case involving a collaboration to develop drugs, which arguably resulted in the suppression of a promising drug.
Copyright Piracy In China, 5 J. Marshall Rev. Intell. Prop. L. 583 (2006), Ralph Oman
Copyright Piracy In China, 5 J. Marshall Rev. Intell. Prop. L. 583 (2006), Ralph Oman
UIC Review of Intellectual Property Law
Copyrights play a major role in promoting economic development and creating a national identity, and they have a tremendous impact on the social and economic well-being of nations. Within the past fifteen years, China has passed a strong copyright law, upgraded enforcement, and joined the Berne Convention. However, since then, the forward momentum has subsided and piracy has grown deep roots in China. If protecting their own citizens’ rights was not important enough, the threat of international trade sanctions for having inadequate intellectual property protection may force China to reevaluate their current situation and step up international protection.
Intellectual Property Rights In The Internet Era: The New Frontier, 5 J. Marshall Rev. Intell. Prop. L. 589 (2006), Lulin Gao
UIC Review of Intellectual Property Law
With the rapid development of information and Internet technologies, how to protect intellectual property (IP) rights in the Internet era became a new frontier for IP practitioners and scholars internationally. This article highlights some important IP protection issues related to copyright, patent, trademark, and domain names, as well as the impact of technological advances on IP protection in the Internet era. The author believes that in order to solve these new emerging issues, the most important principle is keeping the balance between different sides with stakes in the IP right. Finally, international cooperation must be enhanced with more technical assistance …
Some Remarks On The Limits Of Harmonization, 5 J. Marshall Rev. Intell. Prop. L. 596 (2006), Graeme B. Dinwoodie
Some Remarks On The Limits Of Harmonization, 5 J. Marshall Rev. Intell. Prop. L. 596 (2006), Graeme B. Dinwoodie
UIC Review of Intellectual Property Law
Some Remarks on the Limits of Harmonization
The Intellectual Property Marketplace: Past, Present And Future, 5 J. Marshall Rev. Intell. Prop. L. 605 (2006), James E. Malackowski
The Intellectual Property Marketplace: Past, Present And Future, 5 J. Marshall Rev. Intell. Prop. L. 605 (2006), James E. Malackowski
UIC Review of Intellectual Property Law
This article provides an overview of the evolution of the intellectual property marketplace, describes existing mechanisms by which intellectual property value is transacted, and hypothesizes future marketplace mechanisms. A discussion of intellectual property value is also presented. Specifically, analyses of value indications as evidenced by the public and private equity markets are described. Finally, two future critical issues for intellectual property practitioners relating to intellectual property value are described: class action shareholder litigation and royalty stacking.
Traditional Knowledge And The Fight For The Public Domain, 5 J. Marshall Rev. Intell. Prop. L. 317 (2006), Doris E. Long
Traditional Knowledge And The Fight For The Public Domain, 5 J. Marshall Rev. Intell. Prop. L. 317 (2006), Doris E. Long
UIC Review of Intellectual Property Law
What are the challenges facing the protection of traditional knowledge internationally? Can the protection of such rights, which have traditionally existed outside the boundaries of intellectual property, be achieved in the face of current challenges to protections epitomized by such emerging international movements as enhanced access to information and culture as a human right? This article examines some of the emerging issues in this hotly contested area and suggests that such movements, which are not adverse to intellectual property and traditional knowledge rights, should be used to craft a new method for addressing the issue of traditional knowledge protection internationally.
Patent Cooperation Treaty – Implementation V. U.S. Law, 5 J. Marshall Rev. Intell. Prop. L. 641 (2006), Richard Lazarus
Patent Cooperation Treaty – Implementation V. U.S. Law, 5 J. Marshall Rev. Intell. Prop. L. 641 (2006), Richard Lazarus
UIC Review of Intellectual Property Law
What ways can an individual attack the enforceability of a patent that relies on the benefit of an earlier filed Patent Cooperation Treaty application (“PCT”)? This article highlights the top five PCT issues that an attorney should look for to successfully defend a client against infringement. The strategies discussed include: (1) searching for new matter; (2) searching for errors in inventorship; (3) examining an international filing date; (4) checking for withdrawal of an international application; and (5) examining estoppel arguments in international applications.
Recent Developments In Patent Law, 5 J. Marshall Rev. Intell. Prop. L. 630 (2006), Bradley C. Wright
Recent Developments In Patent Law, 5 J. Marshall Rev. Intell. Prop. L. 630 (2006), Bradley C. Wright
UIC Review of Intellectual Property Law
Over the past year, the United States patent law has developed significantly. Numerous cases were decided, shaping the future of patent law. This article tracks the development of patent law over the past year by analyzing important court decisions. These decisions affect various aspects of patent law, including the patentability of subject matter, the validity of patents, and the patent procurement process. While the specific impact of each decision varies, the combination of the decisions resulted in noteworthy changes to patent law in the United States.
The Impact Of The New World Order On Economic Development: The Role Of The Intellectual Property Rights System, 6 J. Marshall Rev. Intell. Prop. L. 1 (2006), Joseph Straus
UIC Review of Intellectual Property Law
This article provides a close look at the development of intellectual property protection contrasted with the development of globalization. Specifically, the agreements forming the legal framework of the World Trade Organization are discussed and their impact on the economic development of developing countries examined. A closer look is given to China and India, where only recently intellectual property protection standards complying with mandatory rules of the TRIPS Agreement have been introduced, and where the most remarkable economic, scientific, and technological development can be observed. This article emphasizes the necessity of all members of the World Trade Organization to comply with …
The Wipo "Internet Treaties" The United States As The Driver: The United States As The Main Source Of Obstruction — As Seen By An Anti-Revolutionary Central European, 6 J. Marshall Rev. Intell. Prop. L. 17 (2006), Mihály Ficsor
UIC Review of Intellectual Property Law
The copyright policy of the United States developed from initial isolationism, through the 1891 Chase Act, various bilateral and inter-American agreements and the establishment of the Universal Copyright Convention, to active participation in the international copyright cooperation. This development was completed by the United States’ accession to the Berne Convention in 1988. Since then, the United States has played a leading role in this field, which was manifested both during the negotiations of the 1994 TRIPS Agreement and the preparatory work of the two 1996 WIPO “Internet Treaties”, the WCT and the WPPT. These WIPO Treaties, the preparation and adoption …
Recent Developments In Copyright Law: Selected U.S. Supreme Court, Court Of Appeals, And District Court Opinions Between February 1, 2005 And May 1, 2006, 6 J. Marshall Rev. Intell. Prop. L. 40 (2006), Tyler T. Ochoa
UIC Review of Intellectual Property Law
This article highlights nine selected U.S. copyright law decisions handed down between February 1, 2005 and May 1, 2006. Two of the decisions concern peer-to-peer file sharing, including the U.S. Supreme Court’s landmark decision in MGM v. Grokster. One of the decisions questions the applicability of the idea/expression dichotomy to works of visual art. Two of the decisions discuss ownership of the renewal rights in a work under the 1909 Act when the author is deceased. One of the decisions interprets the requirement that an author register his or her work before filing an infringement action. Two of the decisions …
The Cache Cow: Can Caching And Copyright Co-Exist?, 6 J. Marshall Rev. Intell. Prop. L. 101 (2006), Nicole Bashor
The Cache Cow: Can Caching And Copyright Co-Exist?, 6 J. Marshall Rev. Intell. Prop. L. 101 (2006), Nicole Bashor
UIC Review of Intellectual Property Law
Copyright protection in a digital environment is difficult. Protection is made more difficult because of the scope of the Internet, uncertainty of a governing Internet agency, and copyright enforcement problems. Copyright protection is further complicated because search engines utilize a process involving copying web sites and displaying cached links to web sites without the web site owner's express permission. By analyzing the intersection of copyright law and the search engine caching process, it is clear that search engines are on dangerous ground and possibly violate the copyrights of web site owners. Accordingly, a solution is proposed that compensates web site …
Why Bother Calling Patents Property? The Government's Path To License Any Patent And Maybe Pay For It, 6 J. Marshall Rev. Intell. Prop. L. 151 (2006), Bradley M. Taub
Why Bother Calling Patents Property? The Government's Path To License Any Patent And Maybe Pay For It, 6 J. Marshall Rev. Intell. Prop. L. 151 (2006), Bradley M. Taub
UIC Review of Intellectual Property Law
In 2006 the Federal Circuit in Zoltek Corp. v. United States denied a patent owner the basic protections of the Constitution. In 2005 the United States Supreme Court in Kelo v. City of New London effectively wrote the Public Use Clause out of the Fifth Amendment. This comment focuses on the constitutional and statutory rights of patent owners in light of Zoltek, Kelo, and 28 U.S.C. § 1498. After Zoltek and Kelo several questions remain, which this comment asks and analyzes. First, can the Federal Government unilaterally take a patent owner’s patent reasoning the taking benefits the economy, public safety, …
Recent Developments In Trade Secrets Law, 6 J. Marshall Rev. Intell. Prop. L. 59 (2006), R. Mark Halligan
Recent Developments In Trade Secrets Law, 6 J. Marshall Rev. Intell. Prop. L. 59 (2006), R. Mark Halligan
UIC Review of Intellectual Property Law
As companies are increasingly trying to protect information by designating it as a trade secret, courts are increasingly trying to resolve litigation disputes relating to trade secrets misappropriation issues. Trends have emerged from these court cases, further defining the limits of trade secrets protection and attempting to carve out uniform rules concerning such protection. This article highlights some of the most interesting and recent developments in Trade Secrets Law.
The Patent Reform Act’S Proposed First-To-File Standard: Needed Reform Or Constitutional Blunder?, 6 J. Marshall Rev. Intell. Prop. L. 129 (2006), Karen E. Simon
UIC Review of Intellectual Property Law
The proposed Patent Reform Act of 2005 would bring U.S. patent law into harmony with most other countries by adopting a first-to-file standard for determining patent rights. This comment questions whether overturning the first-to-invent standardand two hundred years of settled law is permissible under the Patent Clause of the U.S. Constitution. The comment concludes that the Patent Reform Act of 2005, as proposed, violates the Constitution, and supports its argument by placing intocontext of the founding fathers fear of extending government monopolies. The comment proposes that Congress focus on procedural reform, and not change thefundamental standard for awarding patent rights.
Copyright & Privacy - Through The Copyright Lens, 4 J. Marshall Rev. Intell. Prop. L. 212 (2005), Sarah B. Deutsch, Roderick G. Dorman, Michael A. Geist, Hugh C. Hansen, Howard P. Knopf, Ralph Oman, Matthew J. Oppenheim, John G. Palfrey
Copyright & Privacy - Through The Copyright Lens, 4 J. Marshall Rev. Intell. Prop. L. 212 (2005), Sarah B. Deutsch, Roderick G. Dorman, Michael A. Geist, Hugh C. Hansen, Howard P. Knopf, Ralph Oman, Matthew J. Oppenheim, John G. Palfrey
UIC Review of Intellectual Property Law
This panel examines the recent litigation by the recording industry against peer-to-peer (“P2P”) users in the U.S. and Canada. How are users’ identities being obtained? Is the process working well enough or too well? What are the technical, evidentiary, procedural, privacy and substantive copyright issues in play?
Yours For Keeps: Mgm V. Grokster, 23 J. Marshall J. Computer & Info. L. 209 (2005), Max Stul Oppenheimer
Yours For Keeps: Mgm V. Grokster, 23 J. Marshall J. Computer & Info. L. 209 (2005), Max Stul Oppenheimer
UIC John Marshall Journal of Information Technology & Privacy Law
Millions of people download billions of music files over the Internet, using peer-to-peer ("P2P") services such as Grokster, StreamCast, Morpheus, and Kazaa. This practice has been challenged as violative of copyright and, it has been argued, the magnitude of copyright violations facilitated by P2P services justifies banning the services entirely. This argument has been based on the assumption that most transfers over P2P services violate copyright. The starting point for this discussion is the recent decision of the United States Supreme Court to grant the certiorari petition of Metro-Goldwyn-Mayer Studios et al. to review the Ninth Circuit decision in MGM …
"Electronic Voting Rights And The Dmca: Another Blast From The Digital Pirates Or A Final Wake Up Call For Reform?", 23 J. Marshall J. Computer & Info. L. 533 (2005), Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
Electronic voting machines are the new version of pirated music. Like digital music, electronic voting was designed to make voting rights easily available to the masses. However, technology has once again demonstrated how easy it is to circumvent a good idea through better “hacker” technology. In reality, any electronic voting software can be hacked no matter how good the encryption technology protecting it. The issue is not creating a fool-proof anti-circumvention system – an impossible task – but creating the necessary digital safeguards to make circumvention difficult, to make security breaches more readily detectable, and to provide back-up systems to …
Reforming Patent Law Reform, 4 J. Marshall Rev. Intell. Prop. L. 336 (2005), Donald S. Chisum
Reforming Patent Law Reform, 4 J. Marshall Rev. Intell. Prop. L. 336 (2005), Donald S. Chisum
UIC Review of Intellectual Property Law
The current proposals to change the patent laws are described by proponents as patent law “reform.” In the 215 year history of the United States patent system, Congress has rarely purported to “reform” the system. Indeed, I am not sure that it has ever done so since the 1836 Act—or even since the 1793 Act. If we are to have “reform,” Congress should reform the system for the better of all concerned according to neutral principles.
Gonna Wash That Right Of Publicity Right Out Of My Hair –Life After Toney V. L’Oreal, 4 J. Marshall Rev. Intell. Prop. L. 349 (2005), Edwin F. Mcpherson
Gonna Wash That Right Of Publicity Right Out Of My Hair –Life After Toney V. L’Oreal, 4 J. Marshall Rev. Intell. Prop. L. 349 (2005), Edwin F. Mcpherson
UIC Review of Intellectual Property Law
There were very few problems with preemption of the state right of publicity by the Copyright Act; that is, until the Seventh Circuit changed everything in Toney v.L’Oreal U.S.A., Inc. This article focuses on the Toney case, the Baltimore Orioles,Inc. v. Major League Basball Players Association case that spawned Toney, and the devastating effect the law from these cases will have on the right of publicity, the entertainment industry as a whole, and many other areas of civil and criminal law, if Toney is allowed to stand.
China's Struggle To Maintain Economic Viability While Enforcing International And Domestic Intellectual Property Rights, 4 J. Marshall Rev. Intell. Prop. L. 608 (2005), Randal S. Alexander
China's Struggle To Maintain Economic Viability While Enforcing International And Domestic Intellectual Property Rights, 4 J. Marshall Rev. Intell. Prop. L. 608 (2005), Randal S. Alexander
UIC Review of Intellectual Property Law
The development of global intellectual property rights (“IPRs”) can lead to complex issues regarding conformity with international standards of IP protection and enforcement. Although each country willing to become a WTO signatory is tasked with the development of such a regime, each country’s domestic affairs and economic survival competes with the burden of adhering to those international standards. This struggle provides the potential for many countries to confuse the boundaries of protection and create a fog of marginal infringement. In China, this fog is heavier because of local protectionism and judicial disincentives to enforce IPRs.
How We Lost Our Moral Rights And The Door Closed On Non-Economic Values In Copyright, 5 J. Marshall Rev. Intell. Prop. L. 1 (2005), Susan P. Liemer
How We Lost Our Moral Rights And The Door Closed On Non-Economic Values In Copyright, 5 J. Marshall Rev. Intell. Prop. L. 1 (2005), Susan P. Liemer
UIC Review of Intellectual Property Law
The Visual Artists Rights Act (“VARA”) is a piece of modern legislation preceded by a rich history, with a significant gap. As early as the 1400’s, patents were offered as economic incentive to develop new processes in the trades and applied arts. By the 1700’s, the Statute of Anne became the first statute to protect the literary work of individual creators. The Engravers’ Act of 1735 soon followed, expanding this protection to include the first works of visual art and providing the precursor to the modern right of integrity. Millar v. Taylor was the landmark case that alluded to moral …
Fifth Avenue And The Patent Lawyer: Strategies For Using Design Patents To Increase The Value Of Fashion And Luxury Goods Companies, 5 J. Marshall Rev. Intell. Prop. L. 40 (2005), Scott D. Locke
UIC Review of Intellectual Property Law
Design patents occupy a peculiar niche in intellectual property law. For instance, they are different from copyrights in that an accused infringer has no defense of independent creation, different from utility patents in that there is no prerequisite of a useful function, and different from trade dress in that there is no issue of secondary meaning. Design patents also contain only one claim, which makes the applicant’s drafting task particularly challenging—she must strike a delicate balance between claiming broad protection and establishing novelty. Furthermore, in litigation, the design patent plaintiff must satisfy two tests of infringement: the ordinary observer and …
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
UIC Law Review
No abstract provided.
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
UIC Law Review
No abstract provided.
Copyright & Privacy - Through The Legislative Lens, 4 J. Marshall Rev. Intell. Prop. L. 266 (2005), Marybeth Peters
Copyright & Privacy - Through The Legislative Lens, 4 J. Marshall Rev. Intell. Prop. L. 266 (2005), Marybeth Peters
UIC Review of Intellectual Property Law
The Honorable Marybeth Peters, who has served since 1994 as the Register of Copyrights for the United States Copyright Office of the Library of Congress, presented a post-election report on the legislative agenda in Washington, D.C. regarding rejected, pending and future amendments to the copyright law of the United States. Register Peters also discussed the current policy role of the United States Copyright Office and several court actions that contest the constitutionality of various provisions of the copyright law.
Copyright & Privacy - Through The Technology Lens, 4 J. Marshall Rev. Intell. Prop. L. 242 (2005), Michael A. Geist, Doris E. Long, Leslie Ann Reis, David E. Sorkin, Fred Von Lohmann
Copyright & Privacy - Through The Technology Lens, 4 J. Marshall Rev. Intell. Prop. L. 242 (2005), Michael A. Geist, Doris E. Long, Leslie Ann Reis, David E. Sorkin, Fred Von Lohmann
UIC Review of Intellectual Property Law
How is new technology impacting on the more general question of privacy in cyberspace? Is the original notion of an expectation of anonymity on the internet still viable? Can technology pierce through the expectation of privacy even without judicial interference? Do individuals need protection from such technology? Is there technology available to protect the individual? Should these technological tools be regulated? Should the law differentiate between various types of alleged “illegal” behavior; e.g., IP infringement, defamation, possession of pornography and terrorism? Are there international standards that can assist in regulating the intersection between technology and privacy in cyberspace?