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Articles 691 - 720 of 984
Full-Text Articles in Intellectual Property Law
The Security Of Securitization And The Future Of Security, Thomas E. Plank
The Security Of Securitization And The Future Of Security, Thomas E. Plank
Cardozo Law Review
No abstract provided.
Private Protection Of Patentable Goods, Jonathan M. Barnett
Private Protection Of Patentable Goods, Jonathan M. Barnett
Cardozo Law Review
No abstract provided.
The Treaty Power And The Patent Clause: Are There Limits On The United States' Ability To Harmonize?, Timothy R. Holbrook
The Treaty Power And The Patent Clause: Are There Limits On The United States' Ability To Harmonize?, Timothy R. Holbrook
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter
Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Unusual Suspects: Unscrambling Satellite Piracy, David V. Lampman Ii
The Unusual Suspects: Unscrambling Satellite Piracy, David V. Lampman Ii
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Copyright Protection For Federally Funded Research: Necessary Incentive Or Double Subsidy?, Samuel E. Trosow
Copyright Protection For Federally Funded Research: Necessary Incentive Or Double Subsidy?, Samuel E. Trosow
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Musical Copyright Law: Past, Present And Future Of Online Music Distribution, Robert J. Delchin
Musical Copyright Law: Past, Present And Future Of Online Music Distribution, Robert J. Delchin
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Adr Of Patent Disputes: A Customized Prescription, Not An Over-The-Counter Remedy, Marion M. Lim
Adr Of Patent Disputes: A Customized Prescription, Not An Over-The-Counter Remedy, Marion M. Lim
Cardozo Journal of Conflict Resolution
Eureka! DoubleMe Corporation just discovered "Clone-IT." Believing "Clone-IT" to be the first invention of its kind, DoubleMe invested a great deal of resources into its inventive efforts and kept its research and experiments top secret. After DoubleMe completed the necessary paperwork and paid the requisite fees, the United States Patent and Trademark Office issued it a patent for "Clone-IT."
"To Clean Or Not To Clean": An Analysis Of The Copyright And Trademark Issues Surrounding The Legal Battle Between Third Party Film Editors And The Film Industry, Michael P. Glasser
"To Clean Or Not To Clean": An Analysis Of The Copyright And Trademark Issues Surrounding The Legal Battle Between Third Party Film Editors And The Film Industry, Michael P. Glasser
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Market Fundamentalism And The Trips Agreement, Thomas F. Cotter
Market Fundamentalism And The Trips Agreement, Thomas F. Cotter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"Equitable Remuneration" In Copyright Law: The Amended German Copyright Act As A Trap For The Entertainment Industry In The U.S.?, Reto M. Hilty, Alexander Peukert
"Equitable Remuneration" In Copyright Law: The Amended German Copyright Act As A Trap For The Entertainment Industry In The U.S.?, Reto M. Hilty, Alexander Peukert
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Reissue Recapture Doctrine: Its Place Among The Patent Laws, Stephen G. Kunin, Kenneth M. Schor
The Reissue Recapture Doctrine: Its Place Among The Patent Laws, Stephen G. Kunin, Kenneth M. Schor
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Copyright Divide, Peter K. Yu
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Articles
No abstract provided.
"You Slay Me"!: Buffy As Jurisprude Of Desire, William P. Macneil
"You Slay Me"!: Buffy As Jurisprude Of Desire, William P. Macneil
Cardozo Law Review
No abstract provided.
Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin
Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin
Cardozo Journal of International and Comparative Law
The article explores the WAI 262 proceeding, a legal challenge by Maori tribes alleging breaches of the Treaty of Waitangi by New Zealand's intellectual property laws. It argues that the Crown's obligations under the Treaty require a re-evaluation of intellectual property frameworks to respect Maori self-determination and cultural rights.
Pharmacogenomics And Indigenous Peoples: Real Issues And Actors, Russel Lawrence Barsh
Pharmacogenomics And Indigenous Peoples: Real Issues And Actors, Russel Lawrence Barsh
Cardozo Journal of International and Comparative Law
The article critically examines the ethical and scientific implications of genetic diversity research, particularly focusing on the Human Genome Diversity Project (HGDP). It highlights the tension between advancing scientific knowledge and addressing the ethical concerns of sampling vulnerable populations, such as indigenous and isolated communities. While the research aims to study genetic variation for medical and historical insights, it raises significant issues regarding informed consent, group rights, and the potential exploitation of these populations. The article emphasizes the need for balanced approaches that respect both individual and collective rights while ensuring equitable benefits from genetic research.
Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais
Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais
Cardozo Journal of International and Comparative Law
The article examines the legal protection of sacred intangible traditional knowledge (TK), arguing that current intellectual property (IP) frameworks fail to adequately address the unique spiritual and cultural significance of such knowledge. It advocates for the recognition of collective or communal ownership of sacred TK, proposing adaptations to IP law to better respect and protect the rights of indigenous peoples. The analysis emphasizes the need for legal reforms that balance cultural preservation with the limitations of existing IP systems.
The Rhetoric Of Biopiracy, Paul J. Heald
The Rhetoric Of Biopiracy, Paul J. Heald
Cardozo Journal of International and Comparative Law
The article critiques the rhetorical strategy of advocates for long-term occupant communities (LTOCs) seeking sui generis intellectual property rights to combat biopiracy. While their goals are admirable, the approach is ineffective due to widespread skepticism towards expanding intellectual property rights. The author argues that market-based solutions and alliances with corporations could better preserve biodiversity and compensate communities.
Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze
Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze
Cardozo Journal of International and Comparative Law
The article critiques the exploitation of the South's biodiversity and genetic resources by the North, driven by self-interest and pharmaceutical needs, while highlighting the inequities perpetuated by international frameworks like TRIPS and the CBD. It argues that current legal systems, rooted in Western intellectual property principles, fail to protect indigenous knowledge and traditional practices adequately. The analysis proposes alternative approaches, such as compensation regimes and collective rights organizations, to address these disparities and ensure fair benefit-sharing.
Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala
Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala
Cardozo Journal of International and Comparative Law
The article examines the challenges indigenous peoples face in protecting their intangible cultural property, such as songs, legends, and ceremonies, under existing intellectual property (IP) and legal regimes. It argues that while indigenous claims for protection are legitimate, recognizing new IP rights may not be necessary or appropriate. Instead, the authors propose that existing legal frameworks, such as contract law, privacy, trade secret, and trademark law, could provide more effective and balanced solutions. They advocate for a nuanced approach that respects indigenous cultural heritage while maintaining compatibility with public domain interests and free expression.
Formulating An International Legal Protection For Genetic Resources, Traditional Knowledge And Folklore: Challenges For The Intellectual Property System, Weerawit Weeraworawit
Formulating An International Legal Protection For Genetic Resources, Traditional Knowledge And Folklore: Challenges For The Intellectual Property System, Weerawit Weeraworawit
Cardozo Journal of International and Comparative Law
The article argues that the current international intellectual property system, established by agreements such as the Paris Convention, Berne Convention, and TRIPS, is inadequate to address the protection of genetic resources, traditional knowledge, and folklore. These emerging global issues require a new international legal framework that balances the rights of communities with the demands of innovation and trade. The article emphasizes the need for a comprehensive and equitable regime, possibly through a sui generis system or modifications to existing IP laws, to address challenges such as biopiracy, benefit sharing, and communal rights.
Traditional Medical Knowledge, Intellectual Property Rights & Benefit Sharing, Gerard Bodeker
Traditional Medical Knowledge, Intellectual Property Rights & Benefit Sharing, Gerard Bodeker
Cardozo Journal of International and Comparative Law
The article argues that there is a significant conflict between the exploitation of traditional medical knowledge (TMK) by commercial entities and the efforts of indigenous communities to protect their knowledge. This conflict stems from the clash between the intellectual property (IP) system, which often favors corporate interests, and the rights of indigenous peoples to their traditional knowledge. The article highlights the need for equitable legal frameworks to address issues of ownership, benefit sharing, and prior informed consent, particularly in the context of international agreements like TRIPS and the CBD.
Some Realism About Indigenism, Michael H. Davis
Some Realism About Indigenism, Michael H. Davis
Cardozo Journal of International and Comparative Law
The article argues that the debate over using intellectual property (IP) rights to protect indigenous information is misguided. It posits that the core issue is not legal but economic—specifically, the poverty of indigenous communities. The author contends that IP regimes, particularly the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), exacerbate inequality and are inadequate for addressing the unique concerns of indigenism, which are rooted in economic disparities rather than legal frameworks.
Weeds, Seeds & Deeds: Recent Skirmishes In The Seed Wars, Keith Aoki
Weeds, Seeds & Deeds: Recent Skirmishes In The Seed Wars, Keith Aoki
Cardozo Journal of International and Comparative Law
The article examines the commodification of seed germplasm, tracing its evolution through technological advancements and legal frameworks that have transformed seeds from a shared resource into a corporate-controlled commodity. It critiques how intellectual property laws, particularly patent protections, have prioritized corporate interests over traditional farming practices and biodiversity. The analysis highlights the tension between private property rights and the commons, advocating for a balanced approach that considers both intellectual property and the preservation of genetic diversity.
Reflections On The Traditional Knowledge Debate, Shubha Ghosh
Reflections On The Traditional Knowledge Debate, Shubha Ghosh
Cardozo Journal of International and Comparative Law
The article argues that the traditional knowledge debate is a continuation of historical tensions between the Global North and South, centered on ownership and control of resources. These tensions manifest in intellectual property (IP) law, particularly in the clash between market culture and communitarian, gift-based cultures. The author emphasizes that while IP law is often seen as a tool for commodification, it can also serve strategic purposes, such as fostering domestic industry and promoting sovereignty, especially through the flexible framework provided by the TRIPS Agreement.
Intellectual Property, Genetic Resources And Traditional Knowledge Protection: Thinking Globally, Acting Locally, Charles R. Mcmanis
Intellectual Property, Genetic Resources And Traditional Knowledge Protection: Thinking Globally, Acting Locally, Charles R. Mcmanis
Cardozo Journal of International and Comparative Law
The article explores the tension between global intellectual property rights and the preservation of biodiversity and traditional knowledge, highlighting the conflict between developed and developing nations. It discusses efforts to balance these interests through international agreements like TRIPS and CBD, and presents the ICBG-Peru project as a successful local model for fair benefit-sharing and traditional knowledge protection.
The Protection Of Folklore, Silke Von Lewinski
The Protection Of Folklore, Silke Von Lewinski
Cardozo Journal of International and Comparative Law
The article examines the challenges of protecting folklore under existing intellectual property laws, highlighting the limitations of current legal frameworks and advocating for a new international system that balances the rights of indigenous communities with the demands of commercial exploitation. It emphasizes the need for a comprehensive approach that considers the cultural, financial, and integrity interests of indigenous peoples, while addressing the historical failures of international efforts to establish effective protection for folklore.
Introduction, Peter K. Yu
Introduction, Peter K. Yu
Cardozo Journal of International and Comparative Law
The introduction explores the challenges of protecting traditional knowledge, folklore, and indigenous practices within the global intellectual property framework. It argues that the success of such protection depends on selecting the appropriate international forum for negotiations, fostering a nonzero-sum mindset among negotiators, addressing cognitive barriers, and ensuring the active participation of indigenous communities. The introduction emphasizes the need for a balanced approach that considers the diverse interests of various stakeholders, including developed and developing countries, indigenous peoples, and international organizations.
Fair Use Across Time, Justin Hughes
Fair Use Across Time, Justin Hughes
Articles
This Article proposes that, as a copyright work ages, the scope of fair use, especially as to derivative works and uses, should expand. This is because the "market" for a copyrighted work has a temporal dimension; the copyrighted work has a market of a fixed number of years. In considering the fourth element of § 107 fair use, courts have discussed two kinds of situations in which the market for a plaintiff's work can be adversely affected: (1) situations where a particular defendant's action adversely affected the plaintiffs market, and (2) situations where the defendant's action, if it became "widespread," …