Intellectual Property Law Commons^™

Promulgating Requirements For Admission To Prosecute Patent Applications, Michelle J. Burke, Thomas G. Field Jr

Law Faculty Scholarship

Among federal agencies, the U. S. Patent and Trademark Office is unique in its ability to require attorneys to submit to special requirements, such as passing a six hour examination, before being permitted to practice before it in patent cases. Indeed, the Supreme Court has held that an individual so admitted to practice before the PTO need not comply with state requirements otherwise applicable to those practicing law.

The first part of this article discusses how this requirement came to be. It then discusses how the PTO determines whether an individual is fit to sit for the patent examination, focusing …

The Author Effect After The "Death Of The Author": Copyright In A Postmodern Age, Elton Fukumoto

Washington Law Review

Copyright law employs terms and concepts, such as "originality" and "authorship," which the Romantic movement developed. Post-structuralism and Postmodernism, influential intellectual and artistic trends, have attacked the "author" concept by undermining its philosophical foundations. But when Postmodem artists act in accordance with their anti-author beliefs, they expose themselves to liability for copyright infringement. Recent copyright cases illustrate the courts' not entirely satisfactory response to the artistic appropriation of previous works. This Comment suggests that the courts read a pastiche exception, broader than the current exception for parody, into the fair use defense for copyright infringement.

Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii

Washington International Law Journal

With the passage of the Drug Price Competition Act of 1984 in the United States, the recent German Supreme Court decision allowing for experimental use of patented pharmaceuticals, and indirectly through the adoption of the Supplemental Protection Certificate in Europe, Japan seems to be the lone large pharmaceutical market which does not allow in some way for the experimental use of patented drugs to gain regulatory approval for a generic equivalent. Japanese generic pharmaceutical manufacturers had, until recently, operated under the assumption that the testing of a generic equivalent to a patented drug to gain regulatory approval was allowable as …

Giving Credit Where Credit Is Due: Revisiting The Doctrine Of Reverse Passing Off In Trademark Law, John T. Cross

Washington Law Review

During the past twenty years, courts have increasingly come to accept a cause of action for "reverse passing off." Unlike the more typical case of passing off, reverse passing off occurs when a defendant sells a product manufactured by a plaintiff under the defendant's own mark. Despite this difference, courts regularly invoke federal and state trademark laws, including the Lanham Act, to give the plaintiff a right to recover. This Article challenges that conclusion. It argues that the Lanham Act does not actually support a cause of action against a defendant who engages in reverse passing off. In addition, most …

Intellectual Property In The Western Hemisphere, Robert M. Sherwood

University of Miami Inter-American Law Review

No abstract provided.

The Future Of Information Commerce Under Contemporary Contract And Copyright Principles , Stephen P. Tarolli

American University Law Review

No abstract provided.

1997 Business Law Institute: Advising Your Business Client, Oregon Law Institute, Robert K. Winger, Steven C. Alberty, Nancy J. Brown, Sylvia E. Stevens, Andrea Bartoloni, Tifani M. Parrilli, James L. Knoll, Beth R. Skillern, Linda M. Bolduan, Gary W. Glisson, David P. Peterson

Oregon Law Institute, 1997

Course Materials from the May 2, 1997 Program in Portland

Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Jurisdiction Of Trademark And Copyright Infringement On The Internet, James H. Aiken

Mercer Law Review

The unbounded territory known as cyberspace poses many jurisdictional questions. This Article presents and attempts to answer some of these questions as they relate to intellectual property ownership. The first section gives some background information on the Internet. The second section introduces some of the problems faced by owners of intellectual property who utilize the Internet. The third section discusses the jurisdictional questions posed by Internet infringment litigation. The fourth section discusses personal jurisdiction generally. A case study of existing cases dealing with Internet infringment follows and the Article concludes with a proposal for the most efficient and effective solution.

Linking Copyright To Homepages, Matt Jackson

Federal Communications Law Journal

The explosive growth of the Internet as a widespread medium of communication raises many novel copyright issues. One issue that has escaped much examination is the copyright implications of "links"--references to other Internet Web sites that allow immediate access to those sites. This Comment analyzes such questions as whether linking gives rise to direct or contributory liability to the copyright owner of a linked site, and whether the links themselves are copyrightable. It concludes that, although contributory liability is possible, linking cannot constitute a direct infringement any more than dialing a phone number to reach an answering machine with a …

Regulating Patent Holders: Local Working Requirements And Compulsory Licences At International Law, Michael Halewood

Osgoode Hall Law Journal

For decades, industry lobbyists and governments have been mounting pressure on other countries to offer stronger protection for foreign owned intellectual property. This paper seeks to sow dissent among those who feel that the NAFTA and TRIPS agreements represent the triumph of strong intellectual property rights over domestic policy-making alternatives. Focusing on patent law, in particular, this article argues that there are a wide range of policy options open to patent granting countries which both circumscribe patent holder's rights and comply with TRIPS and NAFTA. More specifically, the author argues that TRIPS and NAFTA signatories continue to enjoy relatively broad …

Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy

Faculty Publications

No abstract provided.

The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean

Brigham Young University Journal of Public Law

No abstract provided.

The European Database Directive: Regional Stepping Stone To An International Model?, G. M. Hunsucker

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

What’S Wrong With This Picture? When The Lanham Act Clashes With Artistic Expression, Tara J. Goldsmith

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The California Controversy Over Procuring Employment: A Case For The Personal Managers Act, Heath B. Zarin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: Indecency On The Internet: Constitutionality Of The Telecommunications Act Of 1996, Perry Aftab, Preeta D. Bansal, Theodore C. Hirt, Chris Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Raising The Standard: Antitrust Scrutiny Of Standard-Setting Consortia In High Technology Industries, Douglas D. Leeds

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Case Of David V. Goliath: Richard Jewell V. Nbc And The Basics Of Defamacast In Georgia, L. Lin Wood

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Markman V. Westview Instruments, Inc.: The Supreme Court Narrows The Jury's Role In Patent Litigation, Elizabeth J. Norman

Mercer Law Review

The number of patent cases tried to a jury has burgeoned in recent years. From 1968 to 1970, more than ninety-six percent of all patent trials were bench trials; in the fiscal year 1994, seventy percent of patent trials were tried to a jury. Because patent infringement actions begin with interpretation of the often highly technical and complex patent claim, the role of juries in patent litigation suits has become controversial. The general right to a jury trial in an infringement action has never been seriously questioned. However, this general right to a jury trial does not address the allocation …

Panel I: Accountability Of The Media In Investigations, Gregg Jarrett, Charles E. Rose, Randall J. Turk, L. Lin Wood

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Current Status Of Time Warner V. City Of New York, David B. Goldin, Robert D. Joffe, Robert T. Perry, Ned H. Rosenthal

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Mission Impossible: New York Cannot Face The Future Without A Trade Secret Act , Robert T. Neufeld

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Recent Patent Law Developments In Asia, John Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Food Lion And The Media’S Liability For Newsgathering Torts: A Symposium Preview , Andrew B. Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Should The First Amendment Protect Against Right Of Publicity Infringement Actions Where The Media Is Merchandiser? Say It Ain’T So, Joe, Darren F. Farrington

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Contributory Liability For Access Providers: Solving The Conundrum Digitalization Has Placed On Copyright Laws, Wendy M. Melone

Federal Communications Law Journal

Courts should not rely upon a standard of vicarious liability to hold service providers responsible for copyright infringement. Rather, courts should rely on a contributory liability standard which will not undermine the growth of the Internet.

Response To David Nimmer, ‘Copyright In The Dead Sea Scrolls: Authorship And Originality’, Martha Woodmansee

Faculty Publications

Response to David Nimmer's article "Authorship and Originality."

On The Author Effect: Recovering Collectivity, Martha Woodmansee

Faculty Publications

No abstract provided.