Intellectual Property Law Commons^™

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.

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 …

Transitions In Ip And Antitrust, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

U.S. Plant Variety Protection: Sound And Fury...?, Mark D. Janis, Jay P. Kesan

Articles by Maurer Faculty

This Article offers a critical reassessment of U.S. approaches to intellectual property protection for plant innovation. Three developments make this reassessment timely. First, the Supreme Court has finally confirmed that utility patent claims to plants and seeds satisfy the 35 U.S.C. Section 101 subject matter eligibility requirement. Plant innovation in the United States is now subject to utility patent protection, as well as concurrent protection under the Plant Variety Protection Act (PVPA). However, little work has been done to explain the role of PVPA protection in a system of concurrent protection, or to develop a coherent policy vision within which …

Patent Abolitionism, Mark D. Janis

Articles by Maurer Faculty

In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …

Whatever Happens To Works Deferred?: Reflections On The Ill-Given Deferments Of The Copyright Term Extension Act, J. Michael Keyes

Seattle University Law Review

In contrast to the limited judicial writings on the CTEA, there is a healthy stock of insightful scholarly works on the CTEA festooning the legal journals throughout the country. This article leaps into the scholarly fray and focuses on the domestic policy justifications and assumptions relied upon by Congress in enacting the CTEA. In so doing, this article argues that the CTEA is premised upon a wayward copyright philosophy and unsupported congressional assumptions. The article also posits a modest alternative to the CTEA that would be more consonant with the philosophical tenets of copyright and more apt to achieve the …

Application Of Patent Law Damages Analysis To Trade Secret Misappropriation Claims: Apportionment, Alternatives, And Other Common Limitations On Damages, Douglas G. Smith

Seattle University Law Review

Part I of this article discusses the case law acknowledging the applicability of patent law precedents in the context of trade secret damage claims. Part II discusses the application of patent law precedents regarding lost profits as a measure of damages. Part III analyzes the applicability of patent law damages principles in the context of unjust enrichment as a measure of damages. Part IV then proceeds to examine how patent law principles are frequently applied in the context of royalty damages. Part V discusses the case law relating to disaggregation and apportionment of damages in the context of patent and …

Music And Software Piracy : Issues And Solutions For Music Teachers And Media Intensive Educators, Chad Criswell

Graduate Research Papers

The rampant piracy of digital materials is not just a problem for the individual home user. In today's world it is increasingly a concern for educators and their school district as a whole. Many recent court actions have been brought against school districts based the illegal use of unlicensed software and other copyrighted materials. This project presents the issues of music and software piracy and the legalities of the United States Copyright Act. It presents common examples for use in the music or media intensive classroom, as well as legal usage requirements including the payment of royalties and purchase of …

Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade

Richmond Journal of Law & Technology

Section 1 of the Sherman Act criminalizes any conspiracy to restrain trade or commerce within the United States or with foreign nations. Section 2 of the Sherman Act criminalizes any attempt to monopolize any part of trade or commerce within the Unites Stated or with foreign nations.

Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan

Richmond Journal of Law & Technology

In the year 2000, the Government Advisory Committee (“GAC”) of the Internet Corporation for Assigned Names and Numbers (“ICANN”) passed a set of principles that essentially claimed national sovereignty over country code top-level domains (“ccTLD”s) such as .us, .ca, .uk and .au. Shortly thereafter, ICANN redelegated several ccTLDs in accordance with new GAC principles. Despite the outcry accompanying the passage of these principles and ICANN’s self-professed adherence thereto, the entire exercise could easily be criticized as merely symbolic because of the overriding power of ICANN in the operation of the Domain Name System (“DNS”). Indeed, Stuart Lynn, ICANN’s current president, …

Who Deserves The Patent Pot Of Gold?: An Inquiry Into The Proper Inventorship Of Patient Based Discoveries, Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.

Attacking The Copyright Evildoers In Cyberspace, Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.

Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson

Faculty Scholarship

The creation of an industry standard is a process that has much in common with the creation of a patented invention. Indeed, if standards are not patentable, it is only because of certain doctrinal peculiarities of patent law. It is therefore important to preserve the incentives for organizations to incur the costs of standard-setting activity, so that society may gain the benefits of the resulting standards. The law can preserve those incentives by treating the contributions of industry standards as distinct from those of inventions that are incorporated in them. More specifically, antitrust law should ensure that the patentees of …

Nevada’S Employee Inventions Statute: Novel, Nonobvious, And Patently Wrong, Mary Lafrance

Scholarly Works

In its Seventy-First Session, the Nevada Legislature enacted a new statute, S. B. 558, granting employers complete ownership of any work-related inventions created by their employees, regardless of whether the employer contributed any resources whatsoever to the inventive process. This stunning reversal of longstanding common law was little noticed by the public, and was debated only superficially in the state legislature before receiving its overwhelming vote of approval.

This Article examines Nevada's new employee invention statute from the perspectives of common law and public policy. It compares Nevada's new statute with the traditional common law rules governing employee inventions, as …

Congress Trips Over International Law: Wto Finds Unfairness In Music Licensing Act, Mary Lafrance

Scholarly Works

Intellectual property law reform in the United States frequently involves balancing the interest rights of holders against the interests of users. As international agreements play an increasingly important role in the development of domestic intellectual property law, striking this balance has become a more complicated process.

Whereas, a few decades ago, resolving the competing needs of owners and users often could be accomplished purely as a matter of domestic policy – whether the outcome was based on high-minded principle, interest group politics, or simple pragmatism – today the proposed resolution to such a conflict more often than not must be …

Authorship And Termination Rights In Sound Recordings, Mary Lafrance

Scholarly Works

In late 1999, Congress amended the definition of "works made for hire" in § 101 of the Copyright Act to make explicit its intent to include sound recordings as a category of works eligible for this status. The amendment was repealed with retroactive effect less than a year later. All this happened—pardon the expression—in record time.

This odd course of events was precipitated by a request from the record industry, represented by the Recording Industry Association of America ("RIAA"), which persuaded Congress, shortly before passage of the Intellectual Property and Omnibus Communications Reform Act of 1999, to add a "technical …

New Laws, New Technology: Copyright Law Struggles With Change, Mary Lafrance

Scholarly Works

This article examines the development of copyright law in 2000 and 2001.

Recent Developments In Copyright Law: Technology And International Trade Play Starring Roles, Mary Lafrance

Scholarly Works

The once staid field of copyright law has undergone a dramatic revolution in recent years, as new technologies and international trade pressures have spurred legislative change, while challenging the federal courts to find answers to those questions that Congress has not resolved or, in some cases, to questions that recent acts of Congress have created. This article explores recent developments in copyright law in 2002.

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

Washington and Lee Law Review

No abstract provided.

Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin

Articles

No abstract provided.

Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu

Articles

All societies, communities, organizations, and interpersonal relationships experience conflict at one time or another in the process of dayto-day interaction. Conflict is not necessarily bad, abnormal, or dysfunctional; it is a fact of life. Conflict and disputes exist when people are engaged in competition to meet goals that are perceived to be, or actually are, incompatible. However, conflict may go beyond competitive behavior and acquire the additional purpose of inflicting physical or psychological damage on an opponent, even to the point of destruction. It is then that the negative and harmful dynamics of conflict exact their full costs.

Digital Regulation And The Impact On Education, Valerie Sarigumba

Public Interest Law Reporter

No abstract provided.

Copyright Infringement And Peer-To-Peer Technology, Niels Schaumann

Faculty Scholarship

In this article, I will analyze the activities of peer-to-peer ("P2P") users to determine more precisely which, if any, of their actions infringe copyright. In Part II, I will describe the process of copyright lawmaking and the recent evolution of copyright law in response to technology. This discussion will include a brief description of conventional and P2P network technology. A copyright analysis of user activities on P2P networks follows in Part III, where I argue that the nature of copyright legislation requires courts to be especially careful and precise in determining the contours of infringing noncommercial conduct by members of …

Law And Information Platforms, Philip J. Weiser

Publications

No abstract provided.

International Jurisdiction And Enforcement Of Judgments In The Era Of Global Networks: Irrelevance Of, Goals For, And Comments On The Current Proposals, Jonathan A. Franklin, Roberta J. Morris

Librarians' Articles

Last fall a Symposium at Chicago-Kent College of Law entitled "Constructing International Intellectual Property Law: The Role of National Courts," held on October 18-19, 2001, brought together scholars interested in a group of problems related to the relationship between harmonized rules of international civil procedure and diverse nationally-based rules of intellectual property. Subsequently, extensive discussions between the authors developed this Article into its present form.

Patent Law: Attorney-Client Privilege In Patent Litigation: Did The Federal Circuit Go Far Enough With In Re Spalding Sports Worldwide?, Matthew R. Rodgers

Oklahoma Law Review

No abstract provided.

The Doctrine Of Equivalents And Prosecution History Estoppel: The Supreme Court Supports Flexibility Over Certainty In Patent Cases In Festo V. Smc, Sue Ann Mota

Richmond Journal of Law & Technology

The Congress shall have the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.

A Rose Is A Rose Is A Roth: New/Old Theories Of Legal Liability In The Joyce World, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Trade-Related Aspects Of Intellectual Property Rights And Biotechnology: European Aspects, John Linarelli

Scholarly Works

There does not seem to be a widely held view among WTO members of the proper role and scope of TRIPS. One of the main reasons why TRIPS is controversial is because it allocates rights in innovation, some would say beyond the bounds of what a trade agreement should seek to do. The lines of the debate are often conceptualized in terms of 'developing' versus 'developed' country differences. One of the major areas of disagreement is how TRIPS deals with rights in biotechnology. Some developing countries are relatively rich in biodiversity and traditional knowledge but poor in capital and scientific …