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Articles 31 - 60 of 316
Full-Text Articles in Intellectual Property Law
Compliance Planning For Intellectural Property Crimes, Ray K. Harris, James D. Burgess Fennemore Craig, P.C.
Compliance Planning For Intellectural Property Crimes, Ray K. Harris, James D. Burgess Fennemore Craig, P.C.
Buffalo Intellectual Property Law Journal
No abstract provided.
The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, Neil A. Benchell
The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, Neil A. Benchell
Buffalo Intellectual Property Law Journal
No abstract provided.
Alternative Proposals And Effective Protection Of Computer Programs, Daehwan Koo
Alternative Proposals And Effective Protection Of Computer Programs, Daehwan Koo
Buffalo Intellectual Property Law Journal
No abstract provided.
Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin Effron
Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin Effron
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
Michigan Telecommunications & Technology Law Review
Eldred v. Ashcroft offered the Supreme Court broad issues about the scope of Congress's constitutional power to legislate in the area of intellectual property. In 1998, Congress added twenty years to the term of all copyrights, both existing and future copyrights. But for this term extension, works created during the 1920s and 1930s would be entering the public domain. Now such works will remain under copyright until 2018 and beyond. Eldred v. Ashcroft rejected two challenges to the constitutionality of the copyright extension. The first challenge contended that Congress had exceeded its power to grant copyrights for "limited Times" in …
Copyrighting Facts, Michael Steven Green
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Articles
No abstract provided.
Critique And Consequences Of The Supreme Court's Decision In Holmes V. Vornado, Kenneth C. Bass Iii, Linda E. Alcorn
Critique And Consequences Of The Supreme Court's Decision In Holmes V. Vornado, Kenneth C. Bass Iii, Linda E. Alcorn
The Journal of Appellate Practice and Process
No abstract provided.
Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin J. Effron
Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin J. Effron
Faculty Scholarship
No abstract provided.
Copyrighting Facts, Michael S. Green
Four Common Misconceptions About Copyright Piracy, Peter K. Yu
Four Common Misconceptions About Copyright Piracy, Peter K. Yu
Faculty Scholarship
Copyright piracy is one of the most difficult, yet important, transnational problems in the twenty-first century. Although legal literature has discussed copyright piracy extensively, commentators rarely offer a "grand unified theory" on this global problem. Rather, they give nuanced analyses, discussing the many aspects of the problem-political, social, economic, cultural, and historical.
This nuanced discussion, however, is missing in the current public debate. To capture the readers' emotion and to generate support for proposed legislative and executive actions, the debate often oversimplifies the complicated picture by overexagerrating a particular aspect of the piracy problem or by offering an abbreviated, easy-to-understand, …
China And The Wto: Progress, Perils, And Prospects, Peter K. Yu, Gordon G. Chang, Jerome A. Cohen, Elizabeth C. Economy, Sharon K. Hom, Adam Qi Li
China And The Wto: Progress, Perils, And Prospects, Peter K. Yu, Gordon G. Chang, Jerome A. Cohen, Elizabeth C. Economy, Sharon K. Hom, Adam Qi Li
Faculty Scholarship
In November 2001, member states of the World Trade Organization (WTO) approved the proposal to admit China to the international trading body. After fifteen years of exhaustive negotiations, China finally became the 143rd member of the WTO on December 11, 2001. To reflect on this event, this panel brings together six China experts to explore the ramifications of China's accession to the WTO. Among the issues addressed are whether China is making progress in its compliance with the WTO requirements, whether China is suffering setbacks in the socio-economic arena, whether there are any prospects for democratic reforms and stronger human …
I Am Glad I Got To Know Him, David Shipley
I Am Glad I Got To Know Him, David Shipley
Scholarly Works
This article is part of a number of articles in tribute to L. Ray Patterson, which appear in 11 J. Intel Prop i (2003).
Strengthening The Distinction Between Copyright And Trademark: The Supreme Court Takes A Stand, Jessica Bohrer
Strengthening The Distinction Between Copyright And Trademark: The Supreme Court Takes A Stand, Jessica Bohrer
Duke Law & Technology Review
Until recently, the question of whether §43 of the Lanham Act prevented the unaccredited copying of an un-copyrighted work was an open one. However, in Dastar v. Twentieth Century Fox, the United States Supreme Court speaks directly on this issue, emphasizing the distinction between copyright and trademark protections and cautioning against "misuse or overextension" of trademark protections into areas traditionally covered by copyright or patent law. This iBrief assesses the importance of such line drawing and explores the implications of this decision.
Are We Legislating Away Our Scientific Future? The Database Debate, Dov Greenbaum
Are We Legislating Away Our Scientific Future? The Database Debate, Dov Greenbaum
Duke Law & Technology Review
The ambiguity of the present copyright laws governing the protection of databases creates a situation where database owners, unsure of how IP laws safeguard their information, overprotect their data with oppressive licenses and technological mechanisms (condoned by the DMCA) that impede interoperation. Databases are fundamental to scientific research, yet the lack of interoperability between databases and limited access inhibits this research. The US Congress, spurred by the European Database Directive, and heavily lobbied by the commercial database industry, is presently considering ways to legislate database protections; most of the present suggestions for legislation will be detrimental to scientific progress. The …
Students, Music And The Net: A Comment On Peer-To-Peer File Sharing, David L. Lange
Students, Music And The Net: A Comment On Peer-To-Peer File Sharing, David L. Lange
Duke Law & Technology Review
As most of the public now know, the recording industry has lately filed civil suits alleging copyright infringement against hundreds of individual defendants across the country, many (I think most) of them college students and campus hangers-on. Hundreds more such suits are said to be in the offing. The nature of the infringements? Peer-to-peer file sharing via the Internet: a kind of piracy, to use the term favored by the industry, or downloading, as it is generally thought of by the students themselves - but from either perspective, the practice of recording music from the Net while making it available …
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Working Paper Series
Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle …
A Putative Inventor’S Remedies To Correct Inventorship On A Patent, Campbell Chiang
A Putative Inventor’S Remedies To Correct Inventorship On A Patent, Campbell Chiang
Duke Law & Technology Review
Inventorship is a required component of patents issued in the United States, and the penalty for filing a patent with incorrect inventorship is harsh: possible invalidation of the entire patent. This iBrief explores the background on inventorship in the United States patent system, and various remedies such as 35 U.S.C. §116, 35 U.S.C. §256, and interference proceedings in correcting errors in inventorship. This iBrief will then discuss the usefulness of these various remedies to a putative inventor who was left off the inventorship of a patent.
Beyond Dilution: Toward A Coherent Theory Of The Anti Free Rider Impulse In American Trademark Law, David J. Franklyn
Beyond Dilution: Toward A Coherent Theory Of The Anti Free Rider Impulse In American Trademark Law, David J. Franklyn
ExpressO
This article argues for a fundamental shift in the way famous trademarks are protected under American trademark law. Currently, famous marks are protected by dilution law, which purports to prevent a particular kind of harm (i.e., the gradual whittling away of the commercial magnetism of a famous mark). The article argues that this is the wrong focus of famous mark protection, because dilution is an illusory concept; it either does not exist, or it is so difficult to prove, that it is an ineffective and misleading doctrinal tool. The article contends that American trademark law should move from the harm-based …
Old Lyrics, Knock-Off Videos, And Copycat Comic Books: The Fourth Fair Use Factor In U.S. Copyright Law, Gregory M. Duhl
Old Lyrics, Knock-Off Videos, And Copycat Comic Books: The Fourth Fair Use Factor In U.S. Copyright Law, Gregory M. Duhl
ExpressO
No abstract provided.
Festo And The Future Of The Doctrine Of Equivalents, Brian J. Teague
Festo And The Future Of The Doctrine Of Equivalents, Brian J. Teague
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Trademarks In Cyberspace: The Pseudo-Abrogation Of The Territorialty Principle, Chad J. Doellinger
Trademarks In Cyberspace: The Pseudo-Abrogation Of The Territorialty Principle, Chad J. Doellinger
Chicago-Kent Journal of Intellectual Property
No abstract provided.
"The Abuse Of Dominant Position" Under Article 82 Of The Treaty Of The European Community: Impact On Licensing Of Intellectual Property Rights, Aashit Shah
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Broadening The Scope Of Biotechnology By Disclosing A Scientific Theory, Jeffrey L. Light
Broadening The Scope Of Biotechnology By Disclosing A Scientific Theory, Jeffrey L. Light
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The European Commission Decision On Standard Contractual Clauses For The Transfer Of Personal Data To Third Countries: An Effective Solution?, Alexander Zinser
The European Commission Decision On Standard Contractual Clauses For The Transfer Of Personal Data To Third Countries: An Effective Solution?, Alexander Zinser
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Several Lives Of Mickey Mouse: The Expanding Boundaries Of Intellectual Property Law, Ben Depoorter
The Several Lives Of Mickey Mouse: The Expanding Boundaries Of Intellectual Property Law, Ben Depoorter
ExpressO
No abstract provided.
Technological Protection Measures In The United States, The European Union And Germany - How Much Fair Use Do We Need In The "Digital World"?, Wencke Baesler
Technological Protection Measures In The United States, The European Union And Germany - How Much Fair Use Do We Need In The "Digital World"?, Wencke Baesler
ExpressO
This article analyzes the different approaches of the United States and the European Union in the EU Copyright Directive towards the protection of technological protection measures against circumvention. The European and German laws have a radically different approach to fair use that heretofore has not been satisfactorily examined. It is a basic principle of copyright law in the European countries not to provide for a broad fair use exception, but to enumerate specific uses that are excluded from the copyright owner’s right to intervene. However, mostly payment of a reasonable compensation is required. This system is preserved in the recently …
Intellectual Property Laws In Harmony With Nafta: The Courts As Mediators Between The Global And The Local, Myra J. Tawfik
Intellectual Property Laws In Harmony With Nafta: The Courts As Mediators Between The Global And The Local, Myra J. Tawfik
Canadian Journal of Law and Technology
This paper will argue that domestic courts can pro- vide a forum within which to mediate between these two extremes, to reconcile the ‘‘global’’ and the ‘‘local’’ — but that the courts themselves must adapt to meet the challenges that globalization places upon them. More specifically, the paper begins by setting out a framework for understanding harmonization of laws under NAFTA as one that encourages rather than eliminates diversity of law. The paper then studies the prevailing approaches to statutory interpretation that Canadian courts, most especially the Supreme Court of Canada and the Federal Court of Appeal, have been employing …
Computer Law By George S. Takach (Toronto: Irwin Law Inc., 2000, 2nd Edition), David T.S. Fraser
Computer Law By George S. Takach (Toronto: Irwin Law Inc., 2000, 2nd Edition), David T.S. Fraser
Canadian Journal of Law and Technology
No abstract provided.
"You Slay Me"!: Buffy As Jurisprude Of Desire, William P. Macneil
"You Slay Me"!: Buffy As Jurisprude Of Desire, William P. Macneil
Cardozo Law Review
No abstract provided.