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Intellectual Property Law Commons™

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2002

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Articles 181 - 210 of 317

Full-Text Articles in Intellectual Property Law

Patents On Dna Sequences: Molecules And Information, Rebecca S. Eisenberg Jan 2002

Patents On Dna Sequences: Molecules And Information, Rebecca S. Eisenberg

Book Chapters

As public and private sector initiatives raced to complete the sequence of the human genome, patent issues played a prominent role in speculations about the significance of this achievement. How much of the genome would be subject to the control of patent holders, and what would this mean for future research and the development of products for the improvement of human health in a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claim, to the genome on behalf or the many sequential innovators who elucidate its sequence and …

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The Role Of Patents In Exploiting The Genome, Rebecca S. Eisenberg Jan 2002

The Role Of Patents In Exploiting The Genome, Rebecca S. Eisenberg

Book Chapters

The sequencing of the human genome is a great scientific accomplishment that opens the door to further scientific inquiry of a sort that would otherwise be impossible. In addition to being passionately interested in the patent issues this research presents, as a legal scholar I have a long-standing interest in the role of intellectual property in interactions between the public and private senators and between universities and private firms in research science, with a focus on biomedial research. However, although the Human Genome Project has provided a rich terrain for exploring these issues, I am puzzled that intellectual property issues …

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Golfers' Tort Liability - A Critique Of An Emerging Standard, Daniel E. Lazaroff Jan 2002

Golfers' Tort Liability - A Critique Of An Emerging Standard, Daniel E. Lazaroff

UC Law SF Communications and Entertainment Journal

This article argues that the recklessness standard applied by most contemporary courts to tort claims initiated by one sports participant against a co-participant is inappropriate in the context of golf. Rather, Professor Lazaroff asserts that golf is an activity in which a negligence standard should apply and that this lower threshold for liability can be utilized without chilling participation or altering the inherent nature of the sport. In sum, the recklessness standard generally used for more active or contact sports is unnecessary in the more passive and genteel setting of golf competition.

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The Digital Divide And Equal Access To Justice, Mark Lloyd Jan 2002

The Digital Divide And Equal Access To Justice, Mark Lloyd

UC Law SF Communications and Entertainment Journal

This article begins by considering the problem of equal access to justice between those with access to communication technology and those without. It then goes on to challenge the current market-centered technology by exploring some of the dangers and limits of new communications technology as a corrective to a problem that has long divided rich and poor, a problem that defines the degree to which we can truly call ourselves a civilization, and the real and important opportunities made possible by new technologies.

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Ownership Issues In The Digital Divide, Yale M. Braunstein Jan 2002

Ownership Issues In The Digital Divide, Yale M. Braunstein

UC Law SF Communications and Entertainment Journal

Unlike broadcast and telecommunications media, the Internet has developed largely without governmental regulation both in terms of service and content providers. Major communications and media firms essentially control both access to and content of the Internet. Policies to promote access to the Internet are crucial in closing the gap in the digital divide. This article focuses on how the concentration of ownership impacts Internet access and content, as well as on how industry structure affects broadband access.

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Digital Divide, Digital Opportunities: A Statistical Overview, Lee Price Jan 2002

Digital Divide, Digital Opportunities: A Statistical Overview, Lee Price

UC Law SF Communications and Entertainment Journal

Excerpted from remarks made at the Comm/Ent Symposium on the Digital Divide.

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On The Digital Divide: Selected Remarks, Carl Wood Jan 2002

On The Digital Divide: Selected Remarks, Carl Wood

UC Law SF Communications and Entertainment Journal

Excerpted from remarks made at the Comm/Ent Symposium on the Digital Divide.

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Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard Jan 2002

Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard

Faculty Publications

This article explores the role of secondary authority in patent law jurisprudence. I reviewed every Federal Circuit published opinion from 1982 (the year of the court's creation) to 2000. I discuss the results of my empirical research and explore why scholarship has a place in the Federal Circuit's patent law jurisprudence. I ultimately urge the court to be cautiously more receptive to secondary authority when deciding patent cases.

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Revenge Of The Record Industry Association Of America: The Rise And Fall Of Napster, Vickie L. Feeman Jan 2002

Revenge Of The Record Industry Association Of America: The Rise And Fall Of Napster, Vickie L. Feeman

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Excuse And Justification In The Law Of Fair Use: Commodification And Market Perspectives, Wendy J. Gordon Jan 2002

Excuse And Justification In The Law Of Fair Use: Commodification And Market Perspectives, Wendy J. Gordon

Faculty Scholarship

Over twenty years ago, the Journal of the Copyright Society of the U.S.A. reprinted my article, "Fair Use as Market Failure" (82 Columbia Law Review 1600 (1982), available at: https://ssrn.com/abstract=3577724. That 1982 piece suggested that an underlying pattern governs the protean forms of "fair use", and I employed the notion of market failure to reveal and explain how the pattern functioned. Since then, some misunderstandings of my argument have arisen.

I am pleased to publish in this, the Fiftieth Anniversary issue of the Journal of the Copyright Society, a clarification – and partial amendment – of my position. As …

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Comment On Data Protection Statutes And Bioinformatic Databases, Wendy J. Gordon Jan 2002

Comment On Data Protection Statutes And Bioinformatic Databases, Wendy J. Gordon

Faculty Scholarship

We have heard from the lawyer, the advocate's perspective of some of the legal issues involved in database protection and bioinformatics, and now we are going to hear an academic perspective on these issues. Professor Dennis Karjala is a professor at the Arizona State University College of Law with an interesting background. He has a Ph.D. in electrical engineering and taught in that field before going to law school at Boalt, and he is an internationally renowned expert on copyright law and computer law issues. Professor Karjala is going to talk to us about database protection issues. His presentation will …

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Commercial Law Collides With Cyberspace: The Trouble With Perfection – Insecurity Interests In The New Corporate Asset, Xuan-Thao Nguyen Jan 2002

Commercial Law Collides With Cyberspace: The Trouble With Perfection – Insecurity Interests In The New Corporate Asset, Xuan-Thao Nguyen

Articles

The recent downturn in the economy, particularly in the e-commerce sector, reveals many e-companies heading toward bankruptcy with cyberassets, such as domain names, as their most valuable corporate assets. Lending institutions and other creditors that have extended loans to such e-companies obviously want to get their hands on these bankrupt estates. Which creditor will have priority in the new cybercollateral of domain names? The answer to creditor priority questions may depend on whether domain names are intangible property for purposes of secured transactions. If so, should security interests in domain names be perfected under the Uniform Commercial Code or under …

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"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long Jan 2002

"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long

UIC Review of Intellectual Property Law

The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited) view that trademarks and other commercial symbols are universal in nature. First given credence in early US cases regarding the importation of grey market, or parallel imports, the doctrine of universality was gradually replaced by a view of trademarks as creatures of nation …

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Trade Dress Protection And The Problem Of Distinctiveness, 1 J. Marshall Rev. Intell. Prop. L. 225 (2002), Mark V.B. Partridge Jan 2002

Trade Dress Protection And The Problem Of Distinctiveness, 1 J. Marshall Rev. Intell. Prop. L. 225 (2002), Mark V.B. Partridge

UIC Review of Intellectual Property Law

The problem of trade dress protection is this: What rules should we apply to trade dress protection to best satisfy the goals of trademark law? The merit of various proposed solutions can be measured by evaluating how effective they are in achieving those goals in various disputes. Both distinctiveness and likelihood of confusion should be understood from the perspective of the relevant public, not from that of the court, the trademark owner or the infringer. The questions we seek to answer only have coherent meaning if we consider the perception of the public. Otherwise, we are unable to determine if …

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The Three Stages To Successful Appellate Advocacy Before The Federal Circuit, 1 J. Marshall Rev. Intell. Prop. L. 238 (2002), Charles W. Shifley Jan 2002

The Three Stages To Successful Appellate Advocacy Before The Federal Circuit, 1 J. Marshall Rev. Intell. Prop. L. 238 (2002), Charles W. Shifley

UIC Review of Intellectual Property Law

To succeed at the CAFC, the advocate must succeed in three stages of appeal. The first stage of appeal is actually the stage of proceedings in the trial court. The trial court proceedings are the first stage of appeal because in the absence of correct advocacy in the trial court, there is no opportunity for appeal. The action in the trial court need not be the success of winning at trial. It must, however, at least be the success of preserving issues for appeal – preserving critical error that cannot be remedied at the trial level. In the second stage …

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An Enzo White Paper: A New Judicial Standard For A Biotechnology "Written Description" Under 35 U.S.C. § 112, ¶ 1, 1 J. Marshall Rev. Intell. Prop. L. 254 (2002), Harold C. Wegner Jan 2002

An Enzo White Paper: A New Judicial Standard For A Biotechnology "Written Description" Under 35 U.S.C. § 112, ¶ 1, 1 J. Marshall Rev. Intell. Prop. L. 254 (2002), Harold C. Wegner

UIC Review of Intellectual Property Law

The April 2, 2002, Federal Circuit opinion in Enzo Biochem, Inc. v. Gen-Probe Inc., may have the greatest potential impact on a multidimensional basis of any decision from that court in recent years. Far more important than whatever disruption takes place domestically—which may be fixed through Congressional or further judicial action—one must look to the foreign impact of the Enzo opinion. This decision threatens to undermine the patent basis for American protection of biotechnology inventions abroad, once the case is understood and embodied in the several foreign patent laws. Problems with Enzo are not limited to biotechnology. What’s good for …

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Go To Jail - Do Not Pass Go, Do Not Pay Civil Damages: The United States’ Hesitation Towards The International Convention On Cybercrime’S Copyright Provisions, 1 J. Marshall Rev. Intell. Prop. L. 364 (2002), Adrienne N. Kitchen Jan 2002

Go To Jail - Do Not Pass Go, Do Not Pay Civil Damages: The United States’ Hesitation Towards The International Convention On Cybercrime’S Copyright Provisions, 1 J. Marshall Rev. Intell. Prop. L. 364 (2002), Adrienne N. Kitchen

UIC Review of Intellectual Property Law

The problem of combating copyright infringement increases tenfold when considered in light of today’s global and digital environment. As more authors seek copyright protection, others seek to get around it by evading jurisdictional reach. The Council of Europe has developed the world’s first International Convention on Cybercrime, which incorporates harsh substantive copyright provisions but neglects to include effective enforcement protocols. This Comment proposes that the United States not rush to adopt the Council of Europe’s Convention, but rather seek a more definitive and effective solution in a singularly-focused agreement on intellectual property rights in a global economic context.

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Prosecution Laches As A Defense To Infringement: Just In Case There Are Any More Submarines Under Water, 1 J. Marshall Rev. Intell. Prop. L. 383 (2002), Gregory F. Sutthiwan Jan 2002

Prosecution Laches As A Defense To Infringement: Just In Case There Are Any More Submarines Under Water, 1 J. Marshall Rev. Intell. Prop. L. 383 (2002), Gregory F. Sutthiwan

UIC Review of Intellectual Property Law

The comment examines prosecution history laches as an infringement defense in the context of the pending litigation against the Jerome Lemelson Medical Education & Research Foundation. Jerome Lemelson amassed over five hundred patents during his lifetime. Of these, a few key patents have priority based on initial disclosures over forty years ago. Through multiple continuances however, the patents were not issued until decades later and are thus currently enforceable. Lemelson’s foundation has been aggressively seeking royalties based on these, so called “submarine patents,” against bar-code technology users. This comment discusses the problems posed by “submarine patents” and proposes guidelines for …

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The Nexus Requirement And The Fatal Injury: Does An Offer To Sell An Infringing Product Give Rise To A Duty To Defend Under A Cgl?, 1 J. Marshall Rev. Intell. Prop. L. 344 (2002), Willard L. Hemsworth Iii Jan 2002

The Nexus Requirement And The Fatal Injury: Does An Offer To Sell An Infringing Product Give Rise To A Duty To Defend Under A Cgl?, 1 J. Marshall Rev. Intell. Prop. L. 344 (2002), Willard L. Hemsworth Iii

UIC Review of Intellectual Property Law

Case law in the area of patent infringement has held that patent infringement cannot occur in the course of an insured's advertising activities as a matter of law. In 1996, the United States added “offer to sell” as one of the enumerated offenses of direct patent infringement to 35 U.S.C. §271(a). Since that time, there has been little deviation or fluctuation from the above mentioned principle, especially in litigation where a patentee’s search for insurance coverage from their CGL policies “Adverting Injury” provision. This Comment discusses the necessity of the court system to reexamine the modification to 35 U.S.C. §271(a), …

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Employee Inventors, The Dual Ladder, And The Useful Arts: From Thomas Paine To The "Dilbert Boycott", 1 J. Marshall Rev. Intell. Prop. L. 310 (2002), Ronald E. Andermann Jan 2002

Employee Inventors, The Dual Ladder, And The Useful Arts: From Thomas Paine To The "Dilbert Boycott", 1 J. Marshall Rev. Intell. Prop. L. 310 (2002), Ronald E. Andermann

UIC Review of Intellectual Property Law

To address limitations on the promotion of the progress of the useful arts, the Framers provided a Constitutional grant in the Patent Clause. They did so despite Thomas Jefferson’s concerns. However, limitations on the promotion of the useful arts continue today, often in very subtle ways. The evolution of dual-ladder corporate organizations as described in Martens has given rise to one such limitation—the phenomenon identified as the “Dilbert boycott.” Also, financially lucrative markets can give rise to abusive limitations on the promotion of the useful arts as in Synthroid. Combining these limitations with Thomas Jefferson’s fears of even limited monopolies …

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The Genetic Age: Who Owns The Genome?: A Symposium On Intellectual Property And The Human Genome, 2 J. Marshall Rev. Intell. Prop. L. 6 (2002), Scott A. Brown, Q. Todd Dickinson, Stephen P.A. Fodor, Justin Gillis, Lee H. Hamilton, Eric S. Lander, Pilar Ossorio Jan 2002

The Genetic Age: Who Owns The Genome?: A Symposium On Intellectual Property And The Human Genome, 2 J. Marshall Rev. Intell. Prop. L. 6 (2002), Scott A. Brown, Q. Todd Dickinson, Stephen P.A. Fodor, Justin Gillis, Lee H. Hamilton, Eric S. Lander, Pilar Ossorio

UIC Review of Intellectual Property Law

A Symposium on Intellectual Property Co-Sponsored by The Woodrow Wilson Center. Featuring the remarks of Scott A. Brown, J.D.; Q. Todd Dickinson, J.D.; Stephen P.A. Fodor, Ph.D.; Justin Gillis; Hon. Lee H. Hamilton; Eric S. Lander, Ph.D.; and Pilar Ossorio, Ph.D., J.D.

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"Interpretive Necromancy" Or Prudent Patent Policy? The Supreme Court’S “Arising Under” Blunder In Holmes Group V. Vornado, 2 J. Marshall Rev. Intell. Prop. L. 57 (2002), Janice M. Mueller Jan 2002

"Interpretive Necromancy" Or Prudent Patent Policy? The Supreme Court’S “Arising Under” Blunder In Holmes Group V. Vornado, 2 J. Marshall Rev. Intell. Prop. L. 57 (2002), Janice M. Mueller

UIC Review of Intellectual Property Law

No abstract provided.

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An Information Society Approach To Privacy Legislation: How To Enhance Privacy While Maximizing Information Value, 2 J. Marshall Rev. Intell. Prop. L. 71 (2002), Dana Beldiman Jan 2002

An Information Society Approach To Privacy Legislation: How To Enhance Privacy While Maximizing Information Value, 2 J. Marshall Rev. Intell. Prop. L. 71 (2002), Dana Beldiman

UIC Review of Intellectual Property Law

No abstract provided.

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Mickey Mouse & Sonny Bono Go To Court: The Copyright Term Extension Act And Its Effect On Current And Future Rights, 2 J. Marshall Rev. Intell. Prop. L. 95 (2002), Victoria A. Grzelak Jan 2002

Mickey Mouse & Sonny Bono Go To Court: The Copyright Term Extension Act And Its Effect On Current And Future Rights, 2 J. Marshall Rev. Intell. Prop. L. 95 (2002), Victoria A. Grzelak

UIC Review of Intellectual Property Law

No abstract provided.

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Has The Reasonable Experimentation Doctrine Become Unreasonable?: Rethinking The Reasonable Experimentation Doctrine In Light Of Automated Experimental Techniques, 2 J. Marshall Rev. Intell. Prop. L. 116 (2002), Mark H. Hopkins Jan 2002

Has The Reasonable Experimentation Doctrine Become Unreasonable?: Rethinking The Reasonable Experimentation Doctrine In Light Of Automated Experimental Techniques, 2 J. Marshall Rev. Intell. Prop. L. 116 (2002), Mark H. Hopkins

UIC Review of Intellectual Property Law

No abstract provided.

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Federal Intellectual Property Law V. State Sovereignty: Can Congress Win?, 2 J. Marshall Rev. Intell. Prop. L. 159 (2002), Himanshu Vyas Jan 2002

Federal Intellectual Property Law V. State Sovereignty: Can Congress Win?, 2 J. Marshall Rev. Intell. Prop. L. 159 (2002), Himanshu Vyas

UIC Review of Intellectual Property Law

No abstract provided.

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Digital Tv, Copy Control, And Public Policy, Jonathan Weinberg Jan 2002

Digital Tv, Copy Control, And Public Policy, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

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Maneuvering Through The Landmines Of Multiterritorial Copyright Litigation: How To Avoid The Presumption Against Extraterritoriality When Attempting To Recover For The Foreign Exploriation Of U.S. Copyrighted Works, Nathan R. Wollman Jan 2002

Maneuvering Through The Landmines Of Multiterritorial Copyright Litigation: How To Avoid The Presumption Against Extraterritoriality When Attempting To Recover For The Foreign Exploriation Of U.S. Copyrighted Works, Nathan R. Wollman

West Virginia Law Review

No abstract provided.

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Toward A Trademark-Based Liability System, Lynn M. Lopucki Jan 2002

Toward A Trademark-Based Liability System, Lynn M. Lopucki

UF Law Faculty Publications

No general rule of law renders trademark owners liable for products sold or business conducted under the trademark. This essay proposes the adoption of such a rule. The rationale for the change is that businesses are known by their trademarks, not their entity names, in the marketplace. The vast majority of customers - both businesses and consumers - select the persons with whom they will deal, and contract with those persons, on the basis of trademarks. The entity structures of businesses (corporate groups, franchises, joint ventures, etc.) are generally invisible to customers. Yet under current law the businesses' liabilities to …

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Transitions In Ip And Antitrust, Mark D. Janis Jan 2002

Transitions In Ip And Antitrust, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

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