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Intellectual Property Law Commons™

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2003

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Institution
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Articles 151 - 180 of 316

Full-Text Articles in Intellectual Property Law

The Role Of Intellectual Property Rights In Negotiating And Planning A Research Joint Venture, Kurt M. Saunders Jan 2003

The Role Of Intellectual Property Rights In Negotiating And Planning A Research Joint Venture, Kurt M. Saunders

Marquette Intellectual Property Law Review

This Article considers the role of intellectual property rights in research joint ventures. Professor Saunders begins by outlining the various advantages of pursuing research in a joint venture business form, including the sharing of expertise and investment costs. The author identifies and elucidates the intellectual property issues, as well as related licensing and antitrust implications, that arise in the joint venture context. Most notably, Saunders articulates the different intellectual property concerns that surface at each separate stage-from negotiation and planning, to termination of the collaboration.

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A Role For The Business Attorney In The Twenty-First Century: Adding Value To The Client's Enterprise In The Knowledge Economy, Peter J. Gardner Jan 2003

A Role For The Business Attorney In The Twenty-First Century: Adding Value To The Client's Enterprise In The Knowledge Economy, Peter J. Gardner

Marquette Intellectual Property Law Review

Mr. Gardner explores the evolving role of business lawyers in the knowledge economy and explains how they must add value to clients' business endeavors. Intellectual property law is the central legal framework through which the business attorney will meet increasingly sophisticated client expectations. The attorney's value-adding service will enable the client to make better business decisions based on the attorney's analysis of the innovative opportunities available to the client. Gardner focuses on several evolving influences on the practice of law that will challenge the profession, such as globalization of commerce; multidisciplinary practice; commoditization of legal services; increased sophistication of clients; …

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Stemming The Stem Cell Setback, Patrick J. Fleis Jan 2003

Stemming The Stem Cell Setback, Patrick J. Fleis

Marquette Intellectual Property Law Review

This Comment highlights the recent federal funding setbacks in the biotechnology industry and considers the resulting challenges to future research collaboration. After providing a historical background to stem cell technology, Mr. Fleis examines the passionately opposed public responses to the technology's use of embryos and to its future applications. Fleis continues by noting past legislative initiatives that have accelerated the ease of patenting biotechnology and research findings in general. The Comment addresses several possible solutions to the tension between limited government funding and continued stem cell research, such as the adoption of a more relaxed experimental use standard. Stem cell …

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Table Of Contents Jan 2003

Table Of Contents

Marquette Intellectual Property Law Review

None.

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Comments On Cyber Copyright Disputes In The People's Republic Of China: Maintaining The Status Quo While Expanding The Doctrine Of Profit-Making Purposes, Wei Yanliang, Feng Xiaoqing Jan 2003

Comments On Cyber Copyright Disputes In The People's Republic Of China: Maintaining The Status Quo While Expanding The Doctrine Of Profit-Making Purposes, Wei Yanliang, Feng Xiaoqing

Marquette Intellectual Property Law Review

This Article addresses the status of cyber copyright disputes in the People's Republic of China with an inside view of the government's influence and control over copyrighted works. Examining cyber copyright case law, the authors seek to answer the question of whether China's 2001 Copyright Law will lead to an increase in royalty payments under a fair distribution system. The need for equitable, consistent enforcement is pressing, as the proliferation of copyrighted material through mobile phone and Internet use is rapidly increasing. In China, all current-affairs news first flows through state-run news organizations. Thus, in order to post the news, …

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High Court Takes Right Turn In Traffix, But Stops Short Of The Finish Line: An Economic Critique Of Trade Dress Protection For Product Configuration, Timothy M. Barber Jan 2003

High Court Takes Right Turn In Traffix, But Stops Short Of The Finish Line: An Economic Critique Of Trade Dress Protection For Product Configuration, Timothy M. Barber

Marquette Intellectual Property Law Review

Mr. Barber examines the Supreme Court's recent treatment of trade dress protection for product configuration, also referred to as product design. Although the Wal-Mart and TrafFix decisions have begun to limit product configuration protection under trademark law, the high court should have gone further and eliminated product configuration protection, due to its monopolistic and anti-competitive effects. The Comment explores the history and effectiveness of the functionality doctrine, which attempts to resolve the conflict between patent and trademark law over protecting useful product designs. Since what constitutes a functional feature is not easily discerned, the doctrine fails to prevent firms from …

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Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer Jan 2003

Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer

Aboriginal Policy Research Consortium International (APRCi)

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter- locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular , it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, …

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The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista Jan 2003

The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista

UC Law SF Communications and Entertainment Journal

In 1991, Congress passed the Telephone Consumer Protection Act (TCPA) to "protect the privacy interests" of outraged constituents who received annoying phone calls from telemarketers. The Act prohibits sending unsolicited faxes to unwilling recipients, and creates fines up to $1,500 for each individual fax. The Dallas Mavericks have been sued under the Act, creating potential liability of $135 million. Fax broadcasters have unsuccessfully challenged the Act under the First and Fifth Amendments. The Act grants jurisdiction to individual state courts, and a Georgia case has resulted in a final judgment of $11,899,000.

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How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi Jan 2003

How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi

UC Law SF Communications and Entertainment Journal

The improvement of computer graphics and its resulting burden on prosecuting real child pornography led Congress to pass the Child Pornography Prevention Act (CPPA) of 1996. However, in addition to prohibiting virtual child pornography the CPPA banned many other areas of protected speech and was held unconstitutional in 2002. This article gives an overview of the First Amendment concerns of future virtual child pornography laws, the laws currently being proposed in Congress, and then proposes its own constitutional virtual child pornography law.

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China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan Jan 2003

China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan

UC Law SF Communications and Entertainment Journal

This paper examines and analyzes why the majority of television viewers in China can only have access to domestic television at the beginning of the 21st century, despite direct broadcasting by satellite, which respects no national borders being widely employed in Asia for a decade. By applying national broadcasting rules, this paper argues, the Chinese authorities have successfully given effect to the "prior consent requirement," a concept which was fiercely debated in the international arena and has supposedly long been discarded because of disagreement among nations and technological advances.

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The Post-Festo World Of Equivalents, 2 J. Marshall Rev. Intell. Prop. L. 182 (2003), Michael D. Kaminski Jan 2003

The Post-Festo World Of Equivalents, 2 J. Marshall Rev. Intell. Prop. L. 182 (2003), Michael D. Kaminski

UIC Review of Intellectual Property Law

The Supreme Court again began to delve into substantial patent issues by addressing the interplay between prosecution history estoppel and the doctrine of equivalents. An analysis of the opinions in the Federal Circuit’s en banc ruling, together with the Supreme Court’s own decision may help to clarify some of the unanswered questions still lingering regarding what equivalents are available and when. The prosecution history will take a more prominent place in the minds of both patent prosecutors and litigators as courts attempt to determine the appropriate relationship between prosecution history estoppel and the doctrine of equivalents.

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How The Supreme Court Decides To Review Intellectual Property Cases, 3 J. Marshall Rev. Intell. Prop. L. 19 (2003), Matthew M. Neumeier Jan 2003

How The Supreme Court Decides To Review Intellectual Property Cases, 3 J. Marshall Rev. Intell. Prop. L. 19 (2003), Matthew M. Neumeier

UIC Review of Intellectual Property Law

Because Supreme Court review is essentially discretionary, it is increasingly rare for the Court to hear an argument concerning Intellectual Property rights. However the Supreme Court will critically review cases that belong in one of four distinct categories. These include cases in which: (1) lower court decisions conflict, (2) lower courts have departed from accepted and usual court proceedings, (3) an important federal question is decided, and (4) lower courts have departed from Supreme Court precedent. This article provides practitioners with some guidance in determining whether the Supreme Court is likely to review a lower court decision on an Intellectual …

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Navigating The Bankruptcy Waters In A Domain Name Rowboat, 3 J. Marshall Rev. Intell. Prop. L. 61 (2003), Beverly A. Berneman Jan 2003

Navigating The Bankruptcy Waters In A Domain Name Rowboat, 3 J. Marshall Rev. Intell. Prop. L. 61 (2003), Beverly A. Berneman

UIC Review of Intellectual Property Law

The combination of rapidly emerging technologies and changes in intellectual property and information technology law has resulted in new species of property and contract rights, such as Internet domain names. While some laws that were enacted before the rise of the Internet cannot be reconciled with the issues raised by domain names, the Bankruptcy Code appears to be equipped with the tools to handle most issues raised by this new species of property. This article discusses how domain names are treated during bankruptcy, how the Bankruptcy Code can be used to protect the function and value of a debtor's domain …

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Is The Experimental Use Exemption For Patent Infringement Still Needed?, 3 J. Marshall Rev. Intell. Prop. L. 103 (2003), Melanie K. Kitzan Haindfield Jan 2003

Is The Experimental Use Exemption For Patent Infringement Still Needed?, 3 J. Marshall Rev. Intell. Prop. L. 103 (2003), Melanie K. Kitzan Haindfield

UIC Review of Intellectual Property Law

The judicially created experimental use exemption has traditionally been a limitation on a patent holder’s rights because it allows patent infringing activities involving research for mere curiosity or amusement. This exemption was later modified to further protect any research performed by institutions not having a profit motive for the patent infringement, resulting in many institutions freely infringing patented inventions, knowing that broad protection was available under the experimental use exemption. However, in 2002 the Federal Circuit effectively ended the experimental use exemption as a defense for academic institutions, by recognizing that academic institutions can be held liable for infringement for …

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Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman Jan 2003

Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España Jan 2003

The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España

Fordham Urban Law Journal

This Note argues that 17 U.S.C. § 120, Digital Millennium Copyright Act, is not only necessary to ensure that copyright law is able to progress and advance in the digital revolution, but more importantly, that the protection of copyrighted works will benefit the public in ways the analog world cannot. It also argues that legal commentators' fears about § 1201 are misplaced.

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Practice Before The Copyright Arbitration Royalty Panel In 17 U.S.C. § 111 Distribution Proceedings, Mark J. Davis Jan 2003

Practice Before The Copyright Arbitration Royalty Panel In 17 U.S.C. § 111 Distribution Proceedings, Mark J. Davis

Vanderbilt Journal of Entertainment & Technology Law

The 1976 Act showed foresight in extending the section 115 compulsory phonorecord license model to secondary transmissions under section III. Congress' intent was to encourage flexible market forces to set the value of cable rebroadcasts. Instead of statutory rates, they fixed minimal guidelines for the distribution of collected retransmission royalties. Originally an obscure and very technical section of the Copyright Act, the impact of section III has expanded with the merger of cable television, radio, cable, satellite, and broadband distribution of digital media. The millions of dollars in royalties paid annually by cable systems provide a tempting target for copyright …

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Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn Jan 2003

Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Public Access Versus Proprietary Rights In Genomic Information: What Is The Proper Role Of Intellectual Property Rights?, Janice M. Mueller Jan 2003

Public Access Versus Proprietary Rights In Genomic Information: What Is The Proper Role Of Intellectual Property Rights?, Janice M. Mueller

Journal of Health Care Law and Policy

No abstract provided.

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Contrary To First Impression, Genes Are Patentable: Should There Be Limitations?, Amanda S. Pitcher Jan 2003

Contrary To First Impression, Genes Are Patentable: Should There Be Limitations?, Amanda S. Pitcher

Journal of Health Care Law and Policy

No abstract provided.

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New Media, New Rules: The Digital Performance Right And Streaming Media Over The Internet, Joseph E. Magri Jan 2003

New Media, New Rules: The Digital Performance Right And Streaming Media Over The Internet, Joseph E. Magri

Vanderbilt Journal of Entertainment & Technology Law

Streaming music over the Internet, or what otherwise is known as webcasting or Internet radio, has the potential to become the single most revolutionary means of music transmission ever developed.' In order to appreciate the potential impact of Internet radio, it is helpful to understand that Internet radio has the ability to venture far beyond the at-home personal computer that is tethered to a wall and logged-on to the Internet. With advances in wireless broadband technologies, such as wireless fidelity or Wi-Fi, and the growing availability of Internet content via mobile devices,' Internet radio will soon become widely available on …

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University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh-Dole Act, 36 J. Marshall L. Rev. 397 (2003), Clovia Hamilton Jan 2003

University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh-Dole Act, 36 J. Marshall L. Rev. 397 (2003), Clovia Hamilton

UIC Law Review

No abstract provided.

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Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong Jan 2003

Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong

Washington International Law Journal

The term "artists" includes film, television ("TV"), stage, and musical actors and actresses ("actors"), pop singers and musicians, dancers, fashion models, and classical musicians. Although the same analysis can be applied to all of the categories above mentioned, this article solely focuses on pop singers and actors. The Copyright Act of Korea ("Copyright Act") defines Siryun ("public performance") as the entertainment activities of artists, and uses Siryunja ("performer") instead of "entertainer" as a legal term for artists.

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The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy Jan 2003

The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy

Northwestern Journal of International Law & Business

This article provides a comprehensive analysis of the origins, purpose and scope of protection for test and other data required by TRIPS Article 39.3. Through this analysis, which looks to the ordinary meaning of the provision in proper context in the same manner as would a WTO dispute settlement panel or the WTO Appellate Body, we conclude that Article 39.3 provides protection against the unjust or unfair application or conversion of certain test and other data to make a profit or to obtain a benefit. Such protection must be provided long enough to allow the originator to at least recoup …

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Examining The Evidence: Post-Verdict Interviews And The Jury System, Nicole B. Casarez Jan 2003

Examining The Evidence: Post-Verdict Interviews And The Jury System, Nicole B. Casarez

UC Law SF Communications and Entertainment Journal

Although jury deliberations are kept secret, jurors sometimes speak out to the press after the conclusion of a trial about the rationale for their verdict, what pieces of evidence were important to their decision, and similar issues. Some argue that post-verdict juror interviews are harmful to the very foundation of the jury system, because they endanger defendants' fair trial rights, invade jurors' privacy, and distort public perception of jury verdicts. However, others, such as the author, consider these post-verdict interviews important, because they permit the public to gain a better understanding of the verdicts as well as the nature of …

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Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen Jan 2003

Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen

UC Law SF Communications and Entertainment Journal

Based on a personal experience. During ongoing litigation, the authors' clients began receiving pseudonymous threats by email and on an Internet message board maintained by Yahoo! Inc. This experience led the authors to ask themselves a question: What should lawyers do when their clients receive anonymous death threats electronically during the pendency of litigation? In their case, the Federal Bureau of Investigation (FBI) determined the identity of the perpetrator and the local United States Attorney's office eventually commenced prosecution. However, pursuant to rules of federal grand jury secrecy, the perpetrator's identity still remained a secret. When the identity was sought …

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File-Sharing Copyright, And Privacy, Stephen Keating Jan 2003

File-Sharing Copyright, And Privacy, Stephen Keating

UC Law SF Communications and Entertainment Journal

Lawsuits brought by the recording industry against Internet users accused of illegal file sharing raise provocative questions about legal tactics, the piracy of copyrighted material, the openness of the Internet, and the future of peer-to-peer (P2P) file sharing. The history of satellite TV piracy may provide a key to understanding what comes next.

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Newton V. Diamond: Measuring The Legitimacy Of Unauthorized Compositional Sampling— A Clue Illuminated And Obscured, Susan J. Latham Jan 2003

Newton V. Diamond: Measuring The Legitimacy Of Unauthorized Compositional Sampling— A Clue Illuminated And Obscured, Susan J. Latham

UC Law SF Communications and Entertainment Journal

This article discusses how the district court in Newton v. Diamond could have provided the music industry with a path of reasonable determination via which the risk of infringement due to unauthorized digital sampling of a musical composition could be reasonably estimated and prudent licensing decisions made. At the very least, it illuminated a clue through its threshold determination of protectability. However, as the author explains, the court of appeals obscured that clue beneath a conundrum of de minimis use analysis, highlighting the need for courts to settle upon a clear and consistent standard for de minimis use analysis.

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Pharmaceutical Patents And Trips: A Comparison Of India And South Africa, Stephen Barnes Jan 2003

Pharmaceutical Patents And Trips: A Comparison Of India And South Africa, Stephen Barnes

Kentucky Law Journal

No abstract provided.

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The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España Jan 2003

The Fallacy That Fair Use And Information Should Be Provided For Free: An Analysis Of The Responses To The Dmca's Section 1201, Mauricio España

Fordham Urban Law Journal

This Note argues that 17 U.S.C. § 120, Digital Millennium Copyright Act, is not only necessary to ensure that copyright law is able to progress and advance in the digital revolution, but more importantly, that the protection of copyrighted works will benefit the public in ways the analog world cannot. It also argues that legal commentators' fears about § 1201 are misplaced.

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