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Articles 181 - 210 of 317
Full-Text Articles in Intellectual Property Law
Reproductive Genetics 1991-2002: A Selected Annotated Legal Bibliography Of Genetic Testing, Gene Transfer And Reproductive Cloning, Gail H. Javitt
Reproductive Genetics 1991-2002: A Selected Annotated Legal Bibliography Of Genetic Testing, Gene Transfer And Reproductive Cloning, Gail H. Javitt
Journal of Health Care Law and Policy
No abstract provided.
Cheap Drugs At What Price To Innovation: Does The Compulsory Licensing Of Pharmaceuticals Hurt Innovaton?, Colleen V. Chien
Cheap Drugs At What Price To Innovation: Does The Compulsory Licensing Of Pharmaceuticals Hurt Innovaton?, Colleen V. Chien
Faculty Publications
The patent system is built on the premise that patents provide an incentive for innovation by offering a limited monopoly to patentees. The inverse assumption that removing patent protection will hurt innovation has largely prevented the widespread use of compulsory licensing-the practice of allowing third parties to use patented inventions without patentee permission. In this Article, I empirically test this assumption. I compare rates of patenting and other measures of inventive activity before and after six compulsory licenses over drug patents issued in the 1980s and 1990s. As reported below, observe no uniform decline in innovation by companies affected by …
Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow
Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow
Villanova Law Review (1956 - )
No abstract provided.
Intellectual Property Law Decisions Of The Seventh Circuit, 36 J. Marshall L. Rev. 857 (2003), Molly Mosley-Goren
Intellectual Property Law Decisions Of The Seventh Circuit, 36 J. Marshall L. Rev. 857 (2003), Molly Mosley-Goren
UIC Law Review
No abstract provided.
Racial Minorities And The Quest To Narrow The Digital Divide: Redefining The Concept Of “Universal Service”, Patricia M. Worthy
Racial Minorities And The Quest To Narrow The Digital Divide: Redefining The Concept Of “Universal Service”, Patricia M. Worthy
UC Law SF Communications and Entertainment Journal
The future of the United States as a nation depends, in large measure, on its ability to achieve equality for each member of its society. Historically there has been a national policy, known as universal service, of requiring that everyone should be provided the opportunity to receive basic telephone service at an affordable rate, regardless of geographic location or economic status. As computer technology developed, Congress and the Federal Communications Commission appropriately recognized its value. They have, through statutory mandates and regulatory policies, implemented various initiatives to achieve a universally level "playing field" to prevent a gap between information "haves" …
Reaching Through The Genome, Rebecca S. Eisenberg
Reaching Through The Genome, Rebecca S. Eisenberg
Book Chapters
The past two decades have been a period of rapid evolution in the science of biotechnology and therefore in patent strategies, if not in patent law itself. Patent law takes a long time to catch up with science, and commentators take a long time to catch up with the law, but patent lawyers don’t have that luxury. They have to keep ahead of the game, figuring out claiming strategies that allow their clients to capture the value of future discoveries. I want to discuss some of these strategies today.
An Economic Analysis Of Domain Name Policy, Karl M. Manheim, Lawrence B. Solum
An Economic Analysis Of Domain Name Policy, Karl M. Manheim, Lawrence B. Solum
UC Law SF Communications and Entertainment Journal
One of the most important features of the architecture of the Internet is the Domain Name System (DNS), which is administered by the Internet Corporation for Assigned Names and Numbers (ICANN). The DNS is organized into a hierarchy of domains. The physical infrastructure of the DNS consists of name servers, which provides the information that directs name queries to the appropriate server. These facilities and devices are scarce resources in the economic sense, since they have a finite capacity and expansion is costly. The name space is scarce because each address (or set of characters) can only be allocated to …
Publishing Privacy: Intellectual Property, Self-Expression, And The Victorian Novel, Jessica Bulman
Publishing Privacy: Intellectual Property, Self-Expression, And The Victorian Novel, Jessica Bulman
UC Law SF Communications and Entertainment Journal
Though typically invoked in legal writing for their portrayals of criminal trials and judicial failings, Victorian authors also probed a more subtle aspect of the law: the interrelationship of privacy and intellectual property. In their novels, this paper argues, these authors treated literary creations as uniquely private expression and used copyright-and the formal control it furnishes over publication-as a model for understanding privacy.
Building Rome In A Day: What Should We Expect From The Riaa?, Valerie Alter
Building Rome In A Day: What Should We Expect From The Riaa?, Valerie Alter
UC Law SF Communications and Entertainment Journal
When a new technology enters the entertainment market, incumbents may look backwards rather than forwards. Today, peer-to-peer file sharing services enable users to get the weekly chart-toppers for free by downloading desired songs, depriving the record companies of their rightful royalties. The record companies fear that this free online peer-topeer systems will mean the end of the recording industry. In response, the Recording Industry Association of America (RIAA) has begun to prosecute individual users, including a 12-year-old girl. However, this approach is problematic, and there are two other potential solutions that may be preferable. First, the recording industry could abandon …
Consumers & Creative Destruction: Fair Use Beyond Market Failure, Raymond Shih Ray Ku
Consumers & Creative Destruction: Fair Use Beyond Market Failure, Raymond Shih Ray Ku
Faculty Publications
For almost twenty years, the concept of market failure has defined the boundaries of fair use under copyright law. In this article Professor Ku challenges this interpretation of fair use by offering an alternative economic interpretation of the doctrine. This Article argues fair use is justified when consumer copying creatively destroys the need for copy- right's exclusive rights in reproduction and distribution. This occurs when: 1) the consumer of a work makes copies of it, and 2) creation of the work does not depend upon funding derived from the sale of copies. Under these circumstances, exclusive rights in reproduction and …
In Defense Of Geographic Disparity, Craig Allen Nard
In Defense Of Geographic Disparity, Craig Allen Nard
Faculty Publications
A response to Margo A. Bagley, Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World, 87 Minn. L. Rev. 679 (2003).
Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu
UIC Law Open Access Faculty Scholarship
No abstract provided.
Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn
Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This article analyzes the ramifications of Eldred v. Ashcroft, for both constitutional law and intellectual property law. The Supreme Court upheld the twenty year extension of existing and future copyrights. A broad coalition had challenged the constitutionality of the term extension, on both Copyright Clause and First Amendment grounds. I. With respect to First Amendment law generally, the article analyzes whether Eldred can be read as using "traditionalism" to define the scope of protected rights under the First Amendment. Such a reading could represent a considerable change in First Amendment law. II. Eldred leaves open the possibility of First Amendment …
The Challenge Of Valuing Intellectual Property Assets, Jody C. Bishop
The Challenge Of Valuing Intellectual Property Assets, Jody C. Bishop
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Community Design: European Union-Wide Protection For Your Design Portfolio, Christopher M. Aide
The Community Design: European Union-Wide Protection For Your Design Portfolio, Christopher M. Aide
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ethical Issues Arising From The Investigation Of Activities Of Intellectual Property Infringers Represented By Counsel, Phillip Barengolts
Ethical Issues Arising From The Investigation Of Activities Of Intellectual Property Infringers Represented By Counsel, Phillip Barengolts
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Who Owns The View? Chicago Cubs V. Rooftop Owners, Or Chicago National League Ball Club, Inc. V. Sky Box On Waveland, L.L.C., Charles Shifley, Patrick Shifley
Who Owns The View? Chicago Cubs V. Rooftop Owners, Or Chicago National League Ball Club, Inc. V. Sky Box On Waveland, L.L.C., Charles Shifley, Patrick Shifley
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Application Of The Electronic Communications And Transactions Act To Online Merchants From Other Jurisdictions, Hlengiwe Zondo-Kabini
Application Of The Electronic Communications And Transactions Act To Online Merchants From Other Jurisdictions, Hlengiwe Zondo-Kabini
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Restating The Private Benefit Doctrine For A Brave New World, Darryll K. Jones
Restating The Private Benefit Doctrine For A Brave New World, Darryll K. Jones
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Profile Of Dolby Laboratories: An Effective Model For Leveraging Intellectual Property, Pamela Hawkins Williams, Dotcy Isom Iii, Tiffini D. Smith-Peaches
A Profile Of Dolby Laboratories: An Effective Model For Leveraging Intellectual Property, Pamela Hawkins Williams, Dotcy Isom Iii, Tiffini D. Smith-Peaches
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The European Union Privacy Directive And Its Impact On The U.S. Privacy Protection Policy: A Year 2003 Perspective, Chuan Sun
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Future Of Electronic Contracts In International Sales: Gaps And Natural Remedies Under The United Nations Convention On Contracts For The International Sale Of Goods, Jennifer E. Hill
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn
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.
Interview With Blake A. Bell, Blake A. Bell
Interview With Blake A. Bell, Blake A. Bell
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg
Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg
Other Publications
It's a great honor for me to be invited to deliver the Levine Distinguished Lecture at Fordham, and a great opportunity to try out some new ideas before this audience. As some of you know, I've been studying the role of patents in biomedical research and product development ("R&D") for close to twenty years now, with a particular focus on how patents work in "upstream" research in universities and biotechnology companies that are working on research problems that arise prior to "downstream" product development. But, of course, the patent strategies of these institutions are designed around the profits that everyone …
The Best Patent Practice Or Mere Compromise? A Review Of The Current Draft Of The Substantive Patent Law Treaty And A Proposal For A "First-To-Invent" Exception For Domestic Applicants, Toshiko Takenaka
Articles
Part I of this paper I review the past efforts of patent harmonization. In Part II, I review the current draft of the Substantive Patent Law Treaty (SPLT) and compare its major articles with Title 35 of the United States Code, the European Patent Convention (EPC), and Japanese Patent Law (JPL). In Part III, I analyze the changes expected by the integration of the SPLT into U.S. patent practice and examine if such changes would result in the best patent practice. I propose that the best practice takes into account underlying patent policies in such instances in which the changes …
Nominative Fair Use: Jardine And The Demise Of A Doctrine, Chad J. Doellinger
Nominative Fair Use: Jardine And The Demise Of A Doctrine, Chad J. Doellinger
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Journalistic Malpractice: Suing Jayson Blair And The New York Times For Fraud And Negligence, Clay Calvert, Robert D. Richards
Journalistic Malpractice: Suing Jayson Blair And The New York Times For Fraud And Negligence, Clay Calvert, Robert D. Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
When Code Isn't Law, Tim Wu
When Code Isn't Law, Tim Wu
Faculty Scholarship
When the Supreme Court upheld extended copyright terms in Eldred v. Ascroft, many Internet activists called for renewed political action in the form of appeals to Congress or even a campaign to amend the Constitution. But others suggested a very different course: They argued that it would be wiser to forgo institutions controlled by the powers of the past, and to return instead to the keyboard to write the next generation of "lawbusting" code. In the words of one observer, "tech people are probably better off spending their energy writing code than being part of the political process" because …