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Intellectual Property Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 541 - 570 of 984

Full-Text Articles in Intellectual Property Law

Licensing Technology To The Brics: The Case For Adr, Aaron Pereira Jan 2009

Licensing Technology To The Brics: The Case For Adr, Aaron Pereira

Cardozo Journal of Conflict Resolution

This Note seeks to explore the application of mechanisms of Alternative Dispute Resolution ("ADR") to overcome problems associated with the traditional methods of international patent litigation, with a focus on the BRIC countries. It starts with an outline of patent rights including their international licensing. The Note will then move on to a discussion of the present mechanisms of international patent protection and perceived problems with the current system, the ways in which ADR can help overcome these problems and the limitations of ADR in this field. Finally, the Note will examine the enforcement of ADR awards, the application of …

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Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes Jan 2009

Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes

Articles

Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives, 122 Harv. L. Rev. 1569 (2009)

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Bringing Down The Walls: How Technology Is Being Used To Thwart Parallel Importers Amid The International Confusion Concerning Exhaustion Of Rights, Ryan L. Vinelli Jan 2009

Bringing Down The Walls: How Technology Is Being Used To Thwart Parallel Importers Amid The International Confusion Concerning Exhaustion Of Rights, Ryan L. Vinelli

Cardozo Journal of International and Comparative Law

The note examines the tension between intellectual property rights and free trade, highlighting the conflict arising from market segmentation strategies employed by companies like Sony. It argues that the lack of a uniform international standard on the exhaustion of rights exacerbates this issue, suggesting that an international regime under the WTO could mitigate market segmentation and promote free trade.

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A New Interface Between Copyright Law And Technology: How User-Generated Content Will Shape The Future Of Online Distribution, Maria Lillà Montagnani Jan 2009

A New Interface Between Copyright Law And Technology: How User-Generated Content Will Shape The Future Of Online Distribution, Maria Lillà Montagnani

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Uneasy Case For Intellectual Property Rights In Traditional Knowledge, Stephen R. Munzer, Kal Raustiala Jan 2009

The Uneasy Case For Intellectual Property Rights In Traditional Knowledge, Stephen R. Munzer, Kal Raustiala

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Draconian Or Just? Adopting The Italian Model Of Imposing Administrative Fines On The Purchasers Of Counterfeit Goods, Amanda Silverman Jan 2009

Draconian Or Just? Adopting The Italian Model Of Imposing Administrative Fines On The Purchasers Of Counterfeit Goods, Amanda Silverman

Cardozo Journal of International and Comparative Law

The note examines the effectiveness of penalizing consumers for purchasing counterfeit goods, focusing on Italy's approach and its implications for the U.S. It argues that such penalties can deter demand and reduce counterfeiting, aligning with the propertization of trademarks. The analysis highlights enforcement challenges, including proving consumer intent, and suggests using objective criteria like price and seller credibility. The note proposes adopting Italy's model in the U.S. to protect intellectual property and consumer trust, despite potential privacy concerns and enforcement difficulties.

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Gardasil A Year Later: Cervical Cancer As A Model For Inequality Of Access To Health Services, Micah Globerson Jan 2009

Gardasil A Year Later: Cervical Cancer As A Model For Inequality Of Access To Health Services, Micah Globerson

Cardozo Journal of Equal Rights & Social Justice

This article updates a prior feminist legal analysis of Gardasil, the vaccine against Human Papillomavirus ("HPV"), in light of new developments. Recent discoveries confirming that HPV poses threats to men led Merck & Co. ("Merck") to apply for FDA approval to market Gardasil to males. These developments have renewed focus on the recurring question of whether making Gardasil vaccination a prerequisite for boys' school participation will arouse the same public condemnation that resulted from the prior mandate targeting girls. Another new development involves a vaccine panel recommendation by the Centers for Disease Control ("CDC") that inadvertently resulted in a policy …

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Yada, Yada, Yada: Seinfeld, The Law And Mediation, Paul Devendorf Jan 2009

Yada, Yada, Yada: Seinfeld, The Law And Mediation, Paul Devendorf

Cardozo Journal of Conflict Resolution

This Note will first explore the popularity of Seinfeld and discuss the influence of Seinfeld on legal culture. Part III details cultivation theory and explores the possible influences Seinfeld may have in shaping its viewers' impressions of formal law. Specific instances in-which Seinfeld has ridiculed formal legal practices and offered social criticisms of the legal profession are analyzed in Part IV. Part V describes a specific episode of Seinfeld and illustrates the consequences of parties' refusal to reach mutually satisfactory resolutions, the need for mediation to resolve highly contentious disputes, and the inadequacy of the legal system to provide an …

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The Politics Of Intellectual Property, Jessica Litman Jan 2009

The Politics Of Intellectual Property, Jessica Litman

Cardozo Arts & Entertainment Law Journal

In May 2005, Keith Aoki invited me to participate on a panel on "The Politics of Copyright Law" at the 2006 Association of American Law Schools ("A.A.L.S. ") mid-year meeting workshop on Intellectual Property in Vancouver, British Columbia. The panel, renamed "The Politics of Intellectual Property," and moderated by Keith, included talks by Justin Hughes, Mark Lemley, Jay Thomas, and me, and it was followed by three concurrent sessions on "The Politics Concerning Moral Rights," "The Politics of Global Intellectual Property, " and "The Politics of Patent Reform." I'm not sure what the organizing committee had in mind when it …

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Goodbye, Norma Jean: Marilyn Monroe And The Right Of Publicity's Transformation At Death, Michael Decker Jan 2009

Goodbye, Norma Jean: Marilyn Monroe And The Right Of Publicity's Transformation At Death, Michael Decker

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel Jan 2009

Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Ruling With An Iron Fist: The Ttab's Strict Standard For Fraud For Trademark Registrants And Its Sanctions For Fraudulent Registrations, Meryl Rothchild Jan 2009

Ruling With An Iron Fist: The Ttab's Strict Standard For Fraud For Trademark Registrants And Its Sanctions For Fraudulent Registrations, Meryl Rothchild

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers Jan 2009

Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Pirates Among The Second Life Islands - Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby Jan 2009

Pirates Among The Second Life Islands - Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong Jan 2009

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Copyright Law In And Under The Constitution: A Comparison Between American And German Constitutional Copyright Law, Tom Braegelmann Jan 2009

Copyright Law In And Under The Constitution: A Comparison Between American And German Constitutional Copyright Law, Tom Braegelmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Crossing The Fair Use Line: The Demise And Revival Of The Harry Potter Lexicon And Its Implications For The Fair Use Doctrine In The Real World And On The Internet, Shira Siskind Jan 2009

Crossing The Fair Use Line: The Demise And Revival Of The Harry Potter Lexicon And Its Implications For The Fair Use Doctrine In The Real World And On The Internet, Shira Siskind

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Of Silos And Constellations: Comparing Notions Of Originality In Copyright Law, Elizabeth F. Judge, Daniel Gervais Jan 2009

Of Silos And Constellations: Comparing Notions Of Originality In Copyright Law, Elizabeth F. Judge, Daniel Gervais

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Use It Or Lose It! Burdens Of Proof In Non-Use Cancellation Actions: A Call For Balance In The Trademark Laws Of Thailand, Indonesia, And India, Robin N. Brenner Jan 2009

Use It Or Lose It! Burdens Of Proof In Non-Use Cancellation Actions: A Call For Balance In The Trademark Laws Of Thailand, Indonesia, And India, Robin N. Brenner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Where's The Remote? The Importance Of The Location Of The Remote Control (And The One Who Uses It) In Determining Liability For Copyright Infringement For Remote Storage Dvrs, Cindy Abramson Jan 2009

Where's The Remote? The Importance Of The Location Of The Remote Control (And The One Who Uses It) In Determining Liability For Copyright Infringement For Remote Storage Dvrs, Cindy Abramson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis Jan 2009

The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Reciprocal Share-Alike Exemptions In Copyright Law, Guy Pessach Dec 2008

Reciprocal Share-Alike Exemptions In Copyright Law, Guy Pessach

Cardozo Law Review

This article introduces a novel element to copyright law's exemptions' scheme, and particularly the fair use doctrine - a reciprocal share-alike requirement. I argue that beneficiaries of a copyright exemption should comply with a complementary set of ex-post reciprocal share-alike obligations that come on top of the exemption that they benefit from. Among other aspects, reciprocal share-alike obligations may trump contractual limitations and technological protection measures that are imposed by parties who relied on a copyright exemption in the course of their own use of copyrighted materials. Thus, fair use beneficiaries should be obliged to treat alike subsequent third parties …

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The Freedom Of 3d Thought: The First Amendment In Virtual Reality, Marc Jonathan Blitz Dec 2008

The Freedom Of 3d Thought: The First Amendment In Virtual Reality, Marc Jonathan Blitz

Cardozo Law Review

No abstract provided.

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From The Runway To The Courtroom: How Substantial Similarity Is Unfit For Fashion, Victoria Elman Nov 2008

From The Runway To The Courtroom: How Substantial Similarity Is Unfit For Fashion, Victoria Elman

Cardozo Law Review

No abstract provided.

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True Or False: The Expanding "False By Necessary Implication" Doctrine In Lanham Act False Advertising, And How A Revitalized Puffery Defense Can Solve This Problem, Sarah Samuelson Sep 2008

True Or False: The Expanding "False By Necessary Implication" Doctrine In Lanham Act False Advertising, And How A Revitalized Puffery Defense Can Solve This Problem, Sarah Samuelson

Cardozo Law Review

No abstract provided.

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Failed Lawyers And The Sources Of Satire, Charles M. Yablon Apr 2008

Failed Lawyers And The Sources Of Satire, Charles M. Yablon

Articles

Most of those reading this Essay have ample reason to appreciate the benefits of a good legal education. There is pride in becoming a member of an ancient and learned profession, intellectual challenge in wrestling with complex questions of equity, power and social justice, and satisfaction in the sense of superiority you feel towards your loser friends who did not get into a decent law school.

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Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen Apr 2008

Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen

Cardozo Journal of International and Comparative Law

The note examines the challenges of enforcing copyright laws in the digital age, focusing on the contrasting approaches of the U.S. and Sweden in addressing peer-to-peer file sharing. It critiques the U.S. for its aggressive legal strategy, which may prove counterproductive, while highlighting Sweden's potential as a model for alternative solutions. The analysis underscores the need for a balanced approach that protects copyright holders without stifling innovation.

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A Proposal To Replace The Subconscious Copying Doctrine, Carissa L. Alden Mar 2008

A Proposal To Replace The Subconscious Copying Doctrine, Carissa L. Alden

Cardozo Law Review

No abstract provided.

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The "Public Health" Of The Conventional International Patent Régime And The Ethics Of "Ethicals:" Access To Patented Medicines, Amir H. Khoury Jan 2008

The "Public Health" Of The Conventional International Patent Régime And The Ethics Of "Ethicals:" Access To Patented Medicines, Amir H. Khoury

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Rethinking Sharing Licenses For The Entertainment Media, Eric E. Johnson Jan 2008

Rethinking Sharing Licenses For The Entertainment Media, Eric E. Johnson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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