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- Journal of Intellectual Property Law (467)
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Articles 241 - 270 of 660
Full-Text Articles in Intellectual Property Law
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Journal of Intellectual Property Law
No abstract provided.
The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley
The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley
Journal of Intellectual Property Law
No abstract provided.
There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb
There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb
Journal of Intellectual Property Law
No abstract provided.
International Trademark Prosecution Streamlined: The Madrid Protocol Comes Into Force In The United States, Jeffrey M. Samuels, Linda B. Samuels
International Trademark Prosecution Streamlined: The Madrid Protocol Comes Into Force In The United States, Jeffrey M. Samuels, Linda B. Samuels
Journal of Intellectual Property Law
No abstract provided.
Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance
Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance
Journal of Intellectual Property Law
No abstract provided.
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
Journal of Intellectual Property Law
This paper explores the workings of the patent system in the context of the generation of new pharmaceutical products. First it identifies the relevant characteristics of the patent system and its relation to the market. The paper concedes that, in general, the patent system is probably the best way of generating new technology, in substantial part because that system uses the market to provide both incentives and rewards. The paper also identifies downsides of this patent/market system: deadweight loss and the unresponsiveness of that patent/market system to the needs of the poor. The paper then explores the social costs and …
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
Journal of Intellectual Property Law
The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …
University Research-A New Defense Under The Patent Law, Judith L. Curry, Bruce E. O'Connor
University Research-A New Defense Under The Patent Law, Judith L. Curry, Bruce E. O'Connor
Journal of Intellectual Property Law
No abstract provided.
Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey
Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey
Journal of Intellectual Property Law
This paper addresses the Patent Office's misinterpretation of the Supreme Court's ruling in Dickinson v. Zurko regarding the applicability of the factual review standards of the Administrative Procedure Act (APA) to Patent Office findings. More particularly, in accordance with this misinterpretation, recent guidelines promulgated by the Patent Office violate the APA and controlling precedent.
To date, the proper procedures for prosecuting a patent application have been carefully honed through a myriad of statutes, rules, and controlling legal opinions. The resulting procedures are set forth in exemplary prose in the Manual of Patent Examining Procedure (MPEP) issued and revised periodically by …
Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott
Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott
Journal of Intellectual Property Law
No abstract provided.
Reeling In The Patent Troll: Was Ebay V. Mercexchange Enough?, Damian Myers
Reeling In The Patent Troll: Was Ebay V. Mercexchange Enough?, Damian Myers
Journal of Intellectual Property Law
No abstract provided.
Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall
Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall
Journal of Intellectual Property Law
No abstract provided.
Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious
Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious
Journal of Intellectual Property Law
No abstract provided.
Alternative Business Strategies In Weak Intellectual Property Environments: A Law And Economics Analysis Of The Argo-Biotechnology Firm's Strategic Dilemma, A. Bryan Endres, Peter D. Goldsmith
Alternative Business Strategies In Weak Intellectual Property Environments: A Law And Economics Analysis Of The Argo-Biotechnology Firm's Strategic Dilemma, A. Bryan Endres, Peter D. Goldsmith
Journal of Intellectual Property Law
No abstract provided.
The Infringement-Plus-Equity Model: A Better Way To Award Monetary Relief In Trademark Cases, David S. Almeling
The Infringement-Plus-Equity Model: A Better Way To Award Monetary Relief In Trademark Cases, David S. Almeling
Journal of Intellectual Property Law
No abstract provided.
We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton
Journal of Intellectual Property Law
No abstract provided.
Reforming Copyright To Foster Innovation: Providing Access To Orphaned Works, Pamela Brannon
Reforming Copyright To Foster Innovation: Providing Access To Orphaned Works, Pamela Brannon
Journal of Intellectual Property Law
No abstract provided.
Searching For Substance In The Midst Of Formality: Copyright Registration As A Condition Precedent To The Exercise Of Subject-Matter Jurisdiction By Federal Courts Over Copyright Infringement Claims, Mose Bracey
Journal of Intellectual Property Law
No abstract provided.
Rules For Radicals: A Politics Of Patent Law, Kali N. Murray
Rules For Radicals: A Politics Of Patent Law, Kali N. Murray
Journal of Intellectual Property Law
No abstract provided.
Judging Expertise In Copyright Law, William K. Ford
Judging Expertise In Copyright Law, William K. Ford
Journal of Intellectual Property Law
No abstract provided.
Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton
Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton
Georgia Journal of International & Comparative Law
No abstract provided.
Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love
Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love
Journal of Intellectual Property Law
No abstract provided.
Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann
Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann
Journal of Intellectual Property Law
No abstract provided.
You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin
Journal of Intellectual Property Law
No abstract provided.
State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett
State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett
Journal of Intellectual Property Law
No abstract provided.
Keeping It Physical: Convergence On A Physicality Requirement For Patentability Of Software-Related Inventions Under The European Patent Convention And United States Law, Kevin Afghani, Duke W. Yee
Keeping It Physical: Convergence On A Physicality Requirement For Patentability Of Software-Related Inventions Under The European Patent Convention And United States Law, Kevin Afghani, Duke W. Yee
Journal of Intellectual Property Law
No abstract provided.
Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti
Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti
Journal of Intellectual Property Law
No abstract provided.
What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby
What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby
Journal of Intellectual Property Law
No abstract provided.
Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard
Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard
Journal of Intellectual Property Law
No abstract provided.
Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley
Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley
Journal of Intellectual Property Law
Questions about the copyrightability of compilations and other low authorship fact works, and about the scope of protection, have continued to trouble courts long after the Supreme Court's landmark decision in Feist Publications, Inc. v. Rural Telephone Services Co. in 1991. Justice O'Connor's opinion, explaining why a standard white pages telephone directory did not meet the constitutional and statutory requirements for copyright protection, defined an original work of authorship as one that is independently created by its author and that evidences at least a minimal level of creativity. The latter requirement has been elusive, in part because Justice O'Connor defined …