Intellectual Property Law Commons^™

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 …

2001 Patent Law Decisions Of The Federal Circuit , Jaseph Ferraro

American University Law Review

No abstract provided.

Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander

American University Law Review

No abstract provided.

2001 Federal Circuit Trademark Roundup , Andrew Hartman, Lisa K. Koenig

American University Law Review

No abstract provided.

Need Intellectual Property Be Everywhere? Against Ubiquity And Uniformity, David Vaver

Dalhousie Law Journal

Intellectual property is more prevalent in every corner of our working and leisure lives. International pressure, through both bilateral treaties and multilateral treaties is causing intellectual property law to standardize at high levels throughout the world. Legal standardization may be beneficial in general but is not so for intellectual property in either the developed or the developing world. The law in developed countries is currently incoherent and itself requires major reconsideration. The imposition of such a defective law on the developing world is helpful to neither side. The paper argues that current intensification and harmonization trends are therefore undesirable, and …

Solving Legal Issues In Electronic Government: Authority And Authentication, John D. Gregory

Canadian Journal of Law and Technology

This article is an overview of some of the legal themes and issues faced by governments in the electronic age, with particular regard to their own operations: electronic service delivery and the administration of government itself.

Electronic government is the performance of any function of government using electronic records and electronic communications. It may involve, in the language of the Uniform Electronic Commerce Act, ‘‘us[ing] electronic means to create, collect, receive, store, transfer, distribute, publish or otherwise deal with documents or information.’’ The term thus covers the provision of governmental services to the public, including commu- nication from the public …

Collective Management Of Copyright And Neighbouring Rights In Canada: An International Perspective, Daniel J. Gervais

Canadian Journal of Law and Technology

In this paper, we will compare the current Canadian framework and activities of Collective Management Organizations with the situation in a number of other major countries and suggest possible improvements to the current regime. The comparison will focus first on the general legal background for collective management and, second, on issues specific to the digital age. The paper only addresses some of the specific issues raised by the 1996 WCT and WPPT.

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 …

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 …

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?

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 …

Keynote Address, David C. Howard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Dispute Resolution At Games Time, Urvasi Naidoo, Neil Sarin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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.

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.

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.

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.

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.

Icannsucks.Biz (And Why You Can’T Say That): How Fair Use Of Trademarks In Domain Names Is Being Restrained, Adam Goldstein

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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

RISK: Health, Safety & Environment (1990-2002)

The authors examine the management of risks associated with intellectual property linked to agri-biotech products, with emphasis on the international movement of agri-biotech intellectual property from industrialized to developing nations.