Intellectual Property Law Commons^™

Patenting Medical Procedures: A Search For A Compromise Between Ethics And Economics, Beata Gocyk-Farber

Cardozo Law Review

When doctor Samuel Pallin, an Arizona ophthalmologist, brought an infringement suit for his patent covering the "stitchless" incision in cataract surgery, he probably did not expect that he would provoke one of the most emotional patent debates in history. Physicians across the country expressed condemnation of medical process patents, calling such patents "horrendous" and warning that Dr. Pallin's victory may have "profoundly devastating and mind-boggling consequences" for medical science. The resonance in the medical community was so strong that the American Medical Association House of Delegates passed a resolution "vigorously" condemning the patenting of medical and surgical procedures and promising …

Judicial Plagiarism: It May Be Fair Use But Is It Ethical?, Jaime S. Dursht

Cardozo Law Review

Plagiarism is the intentional appropriation of the creative product or scholarship of another without attribution. Judicial plagiarism arises when judges author opinions that employ materials from copyrighted sources such as law journals or books, but neglect to give credit to the author. In opinion writing-a form of writing in which use and citation to authority is customary-the offense of plagiarism lies simply in neglecting to identify the source. In the academic world, plagiarism is considered to be a "capital offense, punishable by academic death for student or faculty," and it is treated no more favorably in professions in which responsible …

National Sovereignty And Transnational Problem Solving, Judith H. Bello

Cardozo Law Review

Many of the most difficult problems that challenge nation states in the increasingly interdependent world do not respect borders: illicit drug trafficking, refugees, illegal immigration, environmental degradation, illegal arms sales, nuclear proliferation, terrorism, bribery, and corruption. Nation states acting alone are helpless to resolve or most effectively alleviate these problems.

National Laws And International Markets: Strategies Of Cooperation And Harmonization In The Enforcement Of Competition Law, Spencer Weber Waller

Cardozo Law Review

This Article contrasts how two leading competition law systems, the United States and the European Union ("EU"), have reacted to the growing internationalization of markets and the relative decline of the ability of any single jurisdiction to regulate transnational business behavior. For reasons unique to their respective histories, cultures, and politics, these two jurisdictions have adopted very different strategies for dealing with this problem.

The Visual Artists Rights Act Of 1990: American Artists Burned Again, Robert J. Sherman

Cardozo Law Review

This Note explores those sections of VARA which specify the conditions under which a visual artist may waive the protection granted by the 1976 Copyright Act. Specifically, it discusses the waiver provisions which address the most troublesome protected works-works of art that are incorporated into buildings. Part I of this Note explains the evolution of droit moral doctrine in European copyright law, the role it plays in the Berne Convention, and a comparison between its application in Europe and the United States. Part II presents a discussion of the United States accession to the Berne Convention and the hurdles to …

Assembling A Theory Of Infringement: Third Party Liability Based On In Vivo Production Of Patented Pharmaceuticals, Eitan Alexander Ogen

Cardozo Law Review

This Note addresses the novel and still unresolved issues raised by the facts underlying Zenith. Part I describes the patent law system and its importance to the pharmaceutical industry. Part II discusses statutory interpretation issues raised by Zenith, relating to direct infringement and associated third party liability, as they pertain to the metabolic processes of living beings. Part III analyzes these issues in light of the existing case law. Part IV integrates the discussion by proposing a set of factors to be weighed in analyzing infringement actions against third parties that is consistent with the prevailing jurisprudence, the …

A New Use For An Old License: Who Owns The Right?, Barbara D. Griff

Cardozo Law Review

In order to establish this referential background, this Note begins in Part I with a look at historic new use cases focusing on whether a grant of dramatic rights included motion picture rights, whether a grant of silent motion picture rights included rights to talkies, and whether motion picture rights included television rights. Part I continues with a survey of the current landscape and provides an overview of cases involving a grant of motion picture or television rights seeking to include videocassette rights when the original contract was signed prior to the invention or popularization of the video cassette recorder …

[email protected] - “Owning A Bitchin’ ” Corporate Trademark As An Internet Address - Infringement?, James West Marcovitz

Cardozo Law Review

Is the unauthorized use of a famous trademark as an Internet address infringement? In other words, to what extent may an individual, business, or corporation use another's trade or service mark. The Lanham Act prohibits the use of "any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services ... [which] is likely to cause confusion" as to the source of the goods or services in question. This Note examines whether the Lanham Act, in its current form, can be used to enjoin the …

The Unconscious And The Law The Law And The Unconscious, Jorge Degregorio

Cardozo Law Review

The god Apollo, whose diverse gifts included the ability to interpret dreams, was recognized as the first author of the law, which was dictated through his oracle in Delphi. For his sacred person, dreams were laws and laws, dreams. Let us invent a story in order to fill in the missing pages of the myth:

Laws, as well as the power to decipher the soul's mysteries from dreams, were bestowed upon the Androgyns by the god. Once they acquired the power of law and of dream interpretation, they attempted to scale Olympus and sit on the gods' stage. Zeus, presiding …

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil

Cardozo Law Review

Such a headline from the 1990s reminds American readers that, however shameful may have been the treatment of obscenity and pornography in the United States during the past one hundred years, things could have been worse. Even so, the record here is hardly a source of pride-nor does the story have an altogether happy ending, if it has one at all. Yet it is a story that badly needs to be told, and never has it been better told than by Edward de Grazia in Girls Lean Back Everywhere.

Monolingualism And Judaism, José Faur

Cardozo Law Review

No abstract provided.

Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain - With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack

Cardozo Law Review

No abstract provided.

Dancer, Teacher, Colleague, Monroe E. Price

Cardozo Law Review

No abstract provided.

Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow

Cardozo Law Review

No abstract provided.

Intellectual Property Protection For The Creative Chef, Or How To Copyright A Cake: A Modest Proposal, Malla Pollack

Cardozo Law Review

No abstract provided.

Trademarks, Parody, And Consumer Confusion: A Workable Lanham Act Infringment Standard, Peter W. Smith

Cardozo Law Review

No abstract provided.

Squaring The Gray Goods Circle, Thomas A. Smart

Cardozo Law Review

No abstract provided.

Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan

Cardozo Law Review

No abstract provided.

Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon

Cardozo Law Review

No abstract provided.

Righting Rights, Lawrence G. Sager

Cardozo Law Review

No abstract provided.

Protecting The Look And Feel Of Computer Programs, Jeffrey Weitzman

Cardozo Law Review

No abstract provided.

The Insignificance Of Macroeconomics In Patent Antitrust Law: A Comment On Millstein, Richard A. Posner

Cardozo Law Review

No abstract provided.

Complex Tradeoffs In Patent Antitrust Law: A Comment On Millstein, F. M. Scherer

Cardozo Law Review

No abstract provided.

On Not Compensating For Bad Outcomes To Biomedical Innovations: A Response And Modest Proposal, Alan J. Weisbard

Cardozo Law Review

No abstract provided.

Rejection Of Computer Software Licensing Agreements In Bankruptcy, Viktoria L. Gres

Cardozo Law Review

No abstract provided.

The Controversy Concerning The Sotheby Sale, J. David Bleich

Cardozo Law Review

No abstract provided.

Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack

Cardozo Law Review

No abstract provided.

Fair Use And New Technology: The Appropriate Standards To Apply, Adrienne J. Marsh

Cardozo Law Review

No abstract provided.

The Theory Of Overclaiming And Its Application To Diamond V. Diehr, Robert A. Kreiss

Cardozo Law Review

No abstract provided.

The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel

Cardozo Law Review

No abstract provided.