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Intellectual Property Law Commons™

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1999

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Articles 31 - 60 of 181

Full-Text Articles in Intellectual Property Law

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard Jul 1999

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Indiana Law Journal

No abstract provided.

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A Proposed Test For Applying The Doctrine Of Equivalents To Biotechnology Inventions: The Nonobviousness Test, Qing Lin Jul 1999

A Proposed Test For Applying The Doctrine Of Equivalents To Biotechnology Inventions: The Nonobviousness Test, Qing Lin

Washington Law Review

In patent law, the doctrine of equivalents allows courts to find infringement if one makes or uses a device or process without substantial change from a patented invention. A test that clearly defines the appropriate scope of patent protection is crucial to development in various industries, especially in biotechnology, an industry that requires significant long-term investment. However, the most commonly applied test for determining equivalents is vague and fails to provide practical guidance. The "all elements" limitation to the test causes additional confusion. A more appropriate test for defining the scope of patent protection would be the "nonobviousness test," a …

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To Innovate Or Not To Innovate, That Is The Question: The Functions, Failures, And Foibles Of The Reward Function Theory Of Patent Law In Relation To Computer Software Platforms , Seth A. Cohen Jun 1999

To Innovate Or Not To Innovate, That Is The Question: The Functions, Failures, And Foibles Of The Reward Function Theory Of Patent Law In Relation To Computer Software Platforms , Seth A. Cohen

Michigan Telecommunications & Technology Law Review

The patent system has traditionally been viewed as having two primary functions: the reward function and the prospect function. Although these theories do explain some behavior which results from the practical applications of the patent system, they also overlook some behavior of the patent system which indicates a failure of these functions. In order to properly prevent such failure, this paper proposes that the patent system adopt an orientation that will lead to increased innovative rivalry and competition. In Part I, using the computer operating system software market as an example, I propose a framework for reconceptualizing patent protection as …

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Copyright, Licensing, And The First Screen , Ronald A. Cass Jun 1999

Copyright, Licensing, And The First Screen , Ronald A. Cass

Michigan Telecommunications & Technology Law Review

As patent, copyright, and other intellectual property rights have assumed greater economic importance, the manner in which those rights are used has come under increased scrutiny. Recently filed antitrust litigation against Microsoft Corporation, for example, focuses on the terms under which Microsoft has licensed its Windows® operating system to computer manufacturers (generally referenced as OEMs, for Original Equipment Manufacturers). In particular, parties to the litigation complain about the license agreements' requirement that the first screen to appear when customers initially turn on ("boot up") a computer display certain features common across all Windows-based platforms. The "first screen provision" has been …

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Trademark Issues In Cyberspace: The Brave New Frontier, Sally M. Abel Jun 1999

Trademark Issues In Cyberspace: The Brave New Frontier, Sally M. Abel

Michigan Telecommunications & Technology Law Review

Cyberspace raises a variety of thought-provoking trademark and trademark-related issues. While many of the issues and problems that arise may be analyzed and resolved from the vantage point of traditional notions of trademark law, others present thornier questions requiring greater sensitivity to the practical effect of cyberspace on the commercial marketplace. The cyberspace trademark issue that continues to get the most press is the domain name controversy. Is a domain a trademark? When does use of a domain infringe trademark rights? If someone else registers a company's name or trademark as their domain, what can the company do? Beyond domains …

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Internet Framing: Complement Or Hijack , Raymond Chan Jun 1999

Internet Framing: Complement Or Hijack , Raymond Chan

Michigan Telecommunications & Technology Law Review

Currently, the technology of "framing" allows a web site to: (1) pull in the contents of an external site into the local site; (2) "chop" up the contents of the external site into different "frames" or parts; and (3) display only the frames that are beneficial to the framing site. When an advertisements is blocked off by a frame, an advertiser who paid to advertise at an external (framed) site may cease to purchase advertising space from that external site if the framing activities of another web site prevent the advertisement from reaching prospective viewers. From the perspective of the …

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Computer Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles R. Keeton, Jay E. Ingle, J. Mark Grundy, Robert F. Duncan, Kenneth J. Tuggle, Joel T. Beres, Bill E. Webb, Stephen J. Davidson, Cynthia L. Stewart, Judge B. Wilson Ii, David J. Beyer, Kurt X. Metzmeier, Shaun E. Esposito May 1999

Computer Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles R. Keeton, Jay E. Ingle, J. Mark Grundy, Robert F. Duncan, Kenneth J. Tuggle, Joel T. Beres, Bill E. Webb, Stephen J. Davidson, Cynthia L. Stewart, Judge B. Wilson Ii, David J. Beyer, Kurt X. Metzmeier, Shaun E. Esposito

Continuing Legal Education Materials

Materials from the Computer Law Institute held by UK/CLE in May 1999.

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The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams May 1999

The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams

Federal Communications Law Journal

The Internet environment has presented copyright law with a development unlike any other this century. The illegal trading of copyrighted works has become easier than ever. Until recently, it was possible to hold online service providers strictly liable for the infringing actions of their users, regardless of whether the provider had knowledge of any infringing activity. While promoting the policy of copyright law, upholding such a standard had the potential to limit Internet speech and retard its growth. Seeing this, Congress began to debate on legislation that would protect innocent service providers from this liability. This Note argues that with …

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Table Of Contents - Issue 1, Chicago-Kent Journal Of Intellectual Property May 1999

Table Of Contents - Issue 1, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Fragmenting Knowledge, Misconstruing Rule 702: How Lower Courts Have Resolved The Problem Of Technical And Other Specialized Knowledge In Daubert V. Merrell Dow Pharmaceuticals, Inc., Shubha Ghosh May 1999

Fragmenting Knowledge, Misconstruing Rule 702: How Lower Courts Have Resolved The Problem Of Technical And Other Specialized Knowledge In Daubert V. Merrell Dow Pharmaceuticals, Inc., Shubha Ghosh

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Is It Live Or Is It A Soundalike?: Federal Copyrights In Soundalike Recordings And Preemption Of State Publicity Claims, Jeffrey A. Trueman May 1999

Is It Live Or Is It A Soundalike?: Federal Copyrights In Soundalike Recordings And Preemption Of State Publicity Claims, Jeffrey A. Trueman

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Introduction, Chicago-Kent Journal Of Intellectual Property May 1999

Introduction, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Subafilms Revisited: The Case For Imposing Liability On Domestic Authorizers Of Extraterritorial Copyright Infringements, Sean A. Monticello May 1999

Subafilms Revisited: The Case For Imposing Liability On Domestic Authorizers Of Extraterritorial Copyright Infringements, Sean A. Monticello

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Playing Around With Barbie: Expanding Fair Use For Cultural Icons, Alyson Lewis May 1999

Playing Around With Barbie: Expanding Fair Use For Cultural Icons, Alyson Lewis

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Outlaw Blues: Law In The Songs Of Bob Dylan, Adam Gearey May 1999

Outlaw Blues: Law In The Songs Of Bob Dylan, Adam Gearey

Cardozo Law Review

No abstract provided.

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Semiotics; Or Wishin' And Hopin'?, Penelope Pether May 1999

Semiotics; Or Wishin' And Hopin'?, Penelope Pether

Cardozo Law Review

No abstract provided.

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Fusion Folk: A Comment On Law And Music, Carol Weisbrod May 1999

Fusion Folk: A Comment On Law And Music, Carol Weisbrod

Cardozo Law Review

No abstract provided.

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Interpreting Law And Music: Performance Notes On "The Banjo Serenader" And "The Lying Crowd Of Jews", J. M. Balkin, Sanford Levinson May 1999

Interpreting Law And Music: Performance Notes On "The Banjo Serenader" And "The Lying Crowd Of Jews", J. M. Balkin, Sanford Levinson

Cardozo Law Review

No abstract provided.

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Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara Apr 1999

Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara

Indiana Journal of Global Legal Studies

No abstract provided.

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Protecting Folklore Under Modern Intellectual Property Regimes: A Reappraisal Of The Tensions Between Individual And Communal Rights In Africa And The United States , Paul Kuruk Apr 1999

Protecting Folklore Under Modern Intellectual Property Regimes: A Reappraisal Of The Tensions Between Individual And Communal Rights In Africa And The United States , Paul Kuruk

American University Law Review

No abstract provided.

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A Chile Forecast For Accession To Nafta: A Process Of Economic, Legal And Environmental Harmonization, Jeffrey Lax Apr 1999

A Chile Forecast For Accession To Nafta: A Process Of Economic, Legal And Environmental Harmonization, Jeffrey Lax

Cardozo Journal of International and Comparative Law

The note argues that Chile is a prime candidate for accession to NAFTA due to its strong economy and commitment to free trade principles, despite facing obstacles such as intellectual property and agricultural law discrepancies. It suggests that a gradual integration approach and the use of NAFTA as an incentive could facilitate Chile's accession, benefiting both the US and Chile in the long term.

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Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon Mar 1999

Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon

Scholarship Chronologically

Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …

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Www.Foreign Corporation.Com: The United States Taxation Of International Business Transactions Conducted Over The Internet, Auri Weitz Mar 1999

Www.Foreign Corporation.Com: The United States Taxation Of International Business Transactions Conducted Over The Internet, Auri Weitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Give The Dead Their Day In Court: Implying A Private Cause Of Action For Defamation Of The Dead From Criminal Libel Statutes, Raymond Iryami Mar 1999

Give The Dead Their Day In Court: Implying A Private Cause Of Action For Defamation Of The Dead From Criminal Libel Statutes, Raymond Iryami

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon Mar 1999

New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon

Scholarship Chronologically

Here is a ten-page excerpt from! a published piece, followed by some more recent and more random thoughts. Community is not civility. That is, I imagine my ideal community as one where people aren't always sweet to each other; I imagine a community where truth is more important than hurt feelings, and fun is more important than money. I imagine a community of individualists: raucous, iconoclastic. Steve Shiffrin's ROMANCE OF THE FIRST AMENDMENT and Ed Baker's work seems to have the kind of community in mind that I am interested in.

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A Unitary Asean Patent Law In The Aftermath Of Trips, Christian H. Nguyen Mar 1999

A Unitary Asean Patent Law In The Aftermath Of Trips, Christian H. Nguyen

Washington International Law Journal

Members of the Association of Southeast Asian Nations ("ASEAN") have come to recognize that rigorous protection for industrial and technological innovations is essential to the economic viability of the Southeast Asian region. This recognition has heightened since the inception of the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPs"). TRIPs imposes minimum standards for patent protection upon signatories to the World Trade Organization, which includes most of the ASEAN member countries. Strict compliance with TRIPs standards can severely aggravate the administrative deficiencies in national patent systems, but such deficiencies can be considerably alleviated with the institution of a regional …

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A Look At Damage Awards Under Japan's Trademark Law And Unfair Competition Prevention Law, Masumi Anna Osaki Mar 1999

A Look At Damage Awards Under Japan's Trademark Law And Unfair Competition Prevention Law, Masumi Anna Osaki

Washington International Law Journal

Although the United States and Japan have similarly worded intellectual property statutes, significant differences in the stated statutory objectives as well as the substantive rights protected by those laws give rise to concern over the scope and quality of intellectual property protection offered in Japan. Collectivist values that frown upon personal gain have contributed to the less-than-adequate enforcement of individual intellectual property rights in Japan, and this socio-judicial ethic has been consistently reflected in the minimal damage awards granted by the courts. The courts' traditionally narrow construction of damage provisions in the intellectual property arena has resulted in the limitation …

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The Extraterritorial Reach Of United States Trademark Law: A Review Of Recent Decisions Under The Lanham Act, Erika M. Brown Mar 1999

The Extraterritorial Reach Of United States Trademark Law: A Review Of Recent Decisions Under The Lanham Act, Erika M. Brown

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Agricultural Disparagement Statutes: Tainted Beef, Tainted Speech, And Tainted Law, Margot S. Fell Mar 1999

Agricultural Disparagement Statutes: Tainted Beef, Tainted Speech, And Tainted Law, Margot S. Fell

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins Mar 1999

Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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