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Intellectual Property Law Commons™

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2002

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Institution
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Articles 91 - 120 of 317

Full-Text Articles in Intellectual Property Law

Don't Shoot The Messenger! A Discussion Of Isp Liability, Andrew Bernstein, Rima Ramchandani Apr 2002

Don't Shoot The Messenger! A Discussion Of Isp Liability, Andrew Bernstein, Rima Ramchandani

Canadian Journal of Law and Technology

In today’s world of rampant networked communica- tion, the Internet Service Provider (‘‘ISP’’) finds itself in a uniquely vulnerable position. As the conduit through which content is disseminated to a numerically and geo- graphically vast audience, the obvious legal risk to ISPs is that those who provide content will do so in a way that attracts legal liability. Like many communications prov- iders (such as publishers or broadcasters), the ISP may have to assume some responsibility for simply providing the means of transmitting content. In some cases, the ISP is more actively involved in the transmission or is know- ingly …

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Book Review: Privacy Law In Canada By Colin H.H. Mcnairn And Alexander K. Scott, Anne Mussett Apr 2002

Book Review: Privacy Law In Canada By Colin H.H. Mcnairn And Alexander K. Scott, Anne Mussett

Canadian Journal of Law and Technology

Privacy Law in Canada is a 360-page work that broadly covers legislation at both the federal and provin- cial level, and criminal and civil liability for privacy intru- sions in the context of case law from across Canada. Particular focus is given to privacy issues associated with the workplace, personal health information, technolog- ical surveillance, and protecting consumers and debtors. The authors take a practical approach in examining chal- lenging questions, such as whether a consumer’s consent is required to obtain a credit report; disclosure of med- ical information; monitoring an employee’s computer use and voice mail; how the PIPEDA …

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Recent Developments In The Law Of Comparative Advertising In Italy – Towards An Effective Enforcement Of The Principles Of Directive 97/55/Ec Under The New Regime?, Irene Calboli Apr 2002

Recent Developments In The Law Of Comparative Advertising In Italy – Towards An Effective Enforcement Of The Principles Of Directive 97/55/Ec Under The New Regime?, Irene Calboli

Faculty Scholarship

On February 25, 2000, the Italian Government adopted Legislative Decree No. 67, which enacted Directive 97/55/EC amending Directive 84/450/EEC concerning misleading advertising, so as to include comparative advertising. Contrary to what one could have expected in a country that has traditionally banned comparison in advertisements, Italy was one of the first among the Member States to implement Directive 97/55/EC. In order to allow consistent enforcement practices, however, the adoption of the new law must be followed by a profound change in the ways Italian courts and legal operators have approaches this issue so far. This Article explores this issue and …

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The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais Apr 2002

The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth century. Many fundamental concepts (originality in copyright law; confusion in trademark law; novelty or inventiveness in patent law) vary from one country's national legislation to another. Yet, many critics of the intellectual property system recognize that solutions to the problems, ranging from database protection to the Internet, should ideally be the same worldwide. In today's globalized economy, it makes sense to adopt rules to protect that take account of the laws and practices of other nations and of the work of international organizations. Protecting only …

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Recent Developments In The Law Of Comparative Advertising In Italy: Towards An Effective Enforcement Of The Principles Of Directive 97/55/Ec Under The New Regime?, Irene Calboli Apr 2002

Recent Developments In The Law Of Comparative Advertising In Italy: Towards An Effective Enforcement Of The Principles Of Directive 97/55/Ec Under The New Regime?, Irene Calboli

Research Collection Yong Pung How School Of Law

On February 25, 2000, the Italian Government adopted Legislative Decree No. 67, which enacted Directive 97/55/EC amending Directive 84/450/EEC concerning misleading advertising, so as to include comparative advertising. Contrary to what one could have expected in a country that has traditionally banned comparison in advertisements, Italy was one of the first among the Member States to implement Directive 97/55/EC. In order to allow consistent enforcement practices, however, the adoption of the new law must be followed by a profound change in the ways Italian courts and legal operators have approaches this issue so far. This Article explore this issue and …

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World Trade Intellectual Property And The Global Élites: An Introduction, Peter K. Yu Apr 2002

World Trade Intellectual Property And The Global Élites: An Introduction, Peter K. Yu

Cardozo Journal of International and Comparative Law

This introduction examines the shift in intellectual property (IP) lawmaking from domestic governance to international frameworks, particularly through the World Trade Organization (WTO). While international lawmaking promotes harmonization and prevents regulatory races to the bottom, it often prioritizes the interests of developed nations and multinational corporations, potentially undermining the ability of less developed countries to tailor IP systems to their socio-economic needs. The introduction highlights concerns about the exclusion of key issues like consumer rights, cultural diversity, and human rights, as well as the undemocratic nature of global institutions.

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The Paradox Of Intellectual Property Lawmaking In The New Millennium: Universal Templates As Terms Of Surrender For Non-Industrial Nations; Piracy As An Offshoot, Assafa Endeshaw Apr 2002

The Paradox Of Intellectual Property Lawmaking In The New Millennium: Universal Templates As Terms Of Surrender For Non-Industrial Nations; Piracy As An Offshoot, Assafa Endeshaw

Cardozo Journal of International and Comparative Law

The article contends that nonindustrial countries (nonICs) have lost their role in shaping intellectual property (IP) laws, leading to the imposition of IP frameworks that often conflict with their economic and cultural needs. It argues that piracy in nonICs is not merely illegal activity but a consequence of their inability to tailor IP laws to their own development. The article critiques TRIPS for imposing Western IP standards on nonICs, which it views as a form of imperialism, and suggests that nonICs should adopt modified liability principles to foster innovation while addressing issues like access to essential goods such as medicines.

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"Democratizing" Globalization: Practicing The Policies Of Cultural Inclusion, Doris Estelle Long Apr 2002

"Democratizing" Globalization: Practicing The Policies Of Cultural Inclusion, Doris Estelle Long

Cardozo Journal of International and Comparative Law

The article examines the evolving relationship between culture and intellectual property in the context of globalization, arguing that the current international harmonization process under the TRIPS Agreement is coercive and undemocratic, disproportionately favoring developed countries. It advocates for a more inclusive and balanced approach to harmonization that considers the diverse needs of developing countries and ensures equitable protection of intellectual property while preserving cultural and public domain interests.

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Knowledge-Economy Ilites, The International Law Of Intellectual Property And Trade, And Economic Development, Michael P. Ryan Apr 2002

Knowledge-Economy Ilites, The International Law Of Intellectual Property And Trade, And Economic Development, Michael P. Ryan

Cardozo Journal of International and Comparative Law

The article challenges the simplistic view of the TRIPS Agreement as a tool solely for corporate power, emphasizing instead the agency and strategic choices of developing countries in shaping intellectual property (IP) policies to their economic benefit. It highlights the complexity of IP laws, including trademarks, patents, and copyrights, and their varying acceptance and impact in developing nations. The analysis underscores the importance of understanding sector-specific dynamics and the role of international organizations in promoting IP standards, ultimately advocating for a nuanced approach to IP policies that align with local development goals and global economic integration.

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Vol. Ix, Tab 41 - Ex. 5 - Google Advertising Policy Review, Google Mar 2002

Vol. Ix, Tab 41 - Ex. 5 - Google Advertising Policy Review, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

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Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder Mar 2002

Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder

Law Faculty Scholarship

In order for agricultural biotechnology (agri-biotech) to play a larger role in the development of sustainable agricultural systems, intellectual property (IP) rights management must be addressed. These issues are not limited to developing countries. With increased globalization, the management of agri-biotech IP rights affects both developing and industrialized countries. In industrialized countries, for example, IP rights risk management entails protection of inventions via strong patent portfolios. For developing countries, IP rights risk management includes the acquisition of rights requisite for the use of inventions essential to the basic welfare of the population. Strategies are needed to bridge these disparate IP …

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Keynote Address, David C. Howard Mar 2002

Keynote Address, David C. Howard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Dispute Resolution At Games Time, Urvasi Naidoo, Neil Sarin Mar 2002

Dispute Resolution At Games Time, Urvasi Naidoo, Neil Sarin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Proposed New Wipo Treaty For Increased Protection For Audiovisual Performers: Its Provisions And Its Domestic And International Implications, Adler Bernard Mar 2002

The Proposed New Wipo Treaty For Increased Protection For Audiovisual Performers: Its Provisions And Its Domestic And International Implications, Adler Bernard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Dancing To The Beat Of A Different Drummer: Global Harmonization —And The Need For Congress To Get In Step With A Full Public Perforfance Right For Sound Recordings, John R. Kettle, Iii Mar 2002

Dancing To The Beat Of A Different Drummer: Global Harmonization —And The Need For Congress To Get In Step With A Full Public Perforfance Right For Sound Recordings, John R. Kettle, Iii

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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A Comparative Analysis Of Selected Aspects Of Patent Law In China And The United States, Louis S. Sorell Mar 2002

A Comparative Analysis Of Selected Aspects Of Patent Law In China And The United States, Louis S. Sorell

Washington International Law Journal

China's recent admission to the World Trade Organization will bring increased attention to China's patent law, especially as foreign companies expand their technology-based presence in China. This Article summarizes the development of patent law in the United States and China, and compares various aspects of Chinese and American patent law. These aspects include the administrative and judicial hierarchy of the American and Chinese patent systems, patentability requirements, infringement and validity issues, the availability of injunctive relief, and the determination of monetary damages. The Article also discusses the compulsory licensing provisions of China's patent law. Similarities and differences of each patent …

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Like A Sieve: The Child Internet Protection Act And Ineffective Filters In Libraries, Adam Goldstein Mar 2002

Like A Sieve: The Child Internet Protection Act And Ineffective Filters In Libraries, Adam Goldstein

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel 1: Stadium Finance, Naming Rights & Team Relocation, Salvatore Galatioto, Joseph Leccese, John Moag, Thomas Ostertag Mar 2002

Panel 1: Stadium Finance, Naming Rights & Team Relocation, Salvatore Galatioto, Joseph Leccese, John Moag, Thomas Ostertag

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The United States’ And International Response To The Problem Of Doping In Sports, Edward H. Jurith, Bill Koenig Mar 2002

The United States’ And International Response To The Problem Of Doping In Sports, Edward H. Jurith, Bill Koenig

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Forever On The Installment Plan? An Examination Of The Constitutional History Of The Copyright Clause And Whether The Copyright Term Extension Act Of 1998 Squares With The Founders’ Intent, Kevin D. Galbraith Mar 2002

Forever On The Installment Plan? An Examination Of The Constitutional History Of The Copyright Clause And Whether The Copyright Term Extension Act Of 1998 Squares With The Founders’ Intent, Kevin D. Galbraith

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Moral Rights Protection In The United States Under The Berne Convention: A Fictional Work?, Natalie C. Suhl Mar 2002

Moral Rights Protection In The United States Under The Berne Convention: A Fictional Work?, Natalie C. Suhl

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Assumption Of Risk: An Age-Old Defense Still Viable In Sports And Recreation Cases, Alexander J. Drago Mar 2002

Assumption Of Risk: An Age-Old Defense Still Viable In Sports And Recreation Cases, Alexander J. Drago

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Infringement Once Removed: The Perils Of Hyperlinking To Infringing Content, Stacey Dogan Mar 2002

Infringement Once Removed: The Perils Of Hyperlinking To Infringing Content, Stacey Dogan

Faculty Scholarship

This Article contends that the basic premise of Sony---that context and effect must play a role in evaluating allegations of secondary liability for copyright infringement-has application beyond the isolated case of equipment manufacture. More specifically, I propose a modified Sony framework for evaluating secondary liability for linking to infringing content. While this approach repudiates the strict view of secondary liability in favor of a more nuanced analysis, it stops short of advocating wholesale immunity for linkers. To the contrary, I contend that certain links, like certain acts of direct infringement, threaten copyright law's incentives with few compensating benefits to the …

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Regulations Governing Drugs And Performance Enhancers In Sports, Edward Jurith, Adolpho A. Birch, Robert Housman, Ronald Klempner Mar 2002

Regulations Governing Drugs And Performance Enhancers In Sports, Edward Jurith, Adolpho A. Birch, Robert Housman, Ronald Klempner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue Mar 2002

Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Labor Pains: Why Contraction Is Not The Solution To Major League Baseball’S Competitive Balance Problems, Bryan Day Mar 2002

Labor Pains: Why Contraction Is Not The Solution To Major League Baseball’S Competitive Balance Problems, Bryan Day

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Sharing The Wealth: Don’T Call Us. We’Ll Call You: Why Revenue Sharing Is A Permissive Subject And Therefore The Labor Exemption Does Not Apply., Jessica Cohen Mar 2002

Sharing The Wealth: Don’T Call Us. We’Ll Call You: Why Revenue Sharing Is A Permissive Subject And Therefore The Labor Exemption Does Not Apply., Jessica Cohen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz* Mar 2002

Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais Mar 2002

The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Well-Known And Famous Trademarks In Israel: Trips From Manhattan To The Dawn Of A New Millennium!, Amir H. Khoury Mar 2002

Well-Known And Famous Trademarks In Israel: Trips From Manhattan To The Dawn Of A New Millennium!, Amir H. Khoury

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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