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Intellectual Property Law Commons™

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2004

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Articles 331 - 340 of 340

Full-Text Articles in Intellectual Property Law

Copy This Essay: How Fair Use Doctrine Harms Free Speech And How Copying Serves It, Rebecca Tushnet Jan 2004

Copy This Essay: How Fair Use Doctrine Harms Free Speech And How Copying Serves It, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Defenders of transformative uses have invoked the First Amendment to bolster claims that such uses should not be subject to the copyright owner’s permission. But this focus on transformation is critically incomplete, leaving unchallenged much of copyright’s scope, despite the large number of nontransformative copying activities that are also instances of free speech. The current debate leaves the way open for expansions of copyright that, while not targeted at dissenting viewpoints, nonetheless may have a profoundly negative effect on freedom of speech. In other words, transformation has limited our thinking about the free speech interests implicated by copying. This essay …

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Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali Jan 2004

Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali

Faculty Scholarship

Only about 1% of newly developed drugs are for tropical diseases, such as African sleeping sickness and dengue fever. While patent incentives and commercial pharmaceutical companies have made Western health care the envy of the world, the commercial model works only if companies can sell enough patented products to cover their R&D costs. The model thus fails for diseases found largely in the developing world, where markets for patented products are tiny. Any solution to the problem of tropical diseases must recognize the need for rigid cost-containment. An open source approach to identifying promising drug candidates would keep costs down …

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Regime Shifting: The Trips Agreement And New Dynamics Of International Intellectual Property Lawmaking, Laurence R. Helfer Jan 2004

Regime Shifting: The Trips Agreement And New Dynamics Of International Intellectual Property Lawmaking, Laurence R. Helfer

Faculty Scholarship

This Article draws upon the international relations theory of regimes to analyze the growing chorus of challenges to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), and to the expansion of intellectual property rights more generally. The few years since TRIPs entered into force have seen nothing less than an explosion of interest in intellectual property issues in international fora not previously concerned with the products of human creativity or innovation. Intellectual property is now at or near the top of the agenda in intergovernmental organizations such as the World Health Organization and the Food and Agriculture Organization, …

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Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali Jan 2004

Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali

Faculty Scholarship

No abstract provided.

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Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett Jan 2004

Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett

Faculty Scholarship

No abstract provided.

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Too Much Of A Good Thing: Deciphering Copyright Infringement For The Musician, Joseph K. Christian Jan 2004

Too Much Of A Good Thing: Deciphering Copyright Infringement For The Musician, Joseph K. Christian

Vanderbilt Journal of Entertainment & Technology Law

Imitation may indeed be flattering, but at least in the world of music, too much imitation is illegal. Copyright law protects "original works of authorship fixed in any tangible medium of expression. "It guarantees the owner of a copyrighted work the exclusive right to reproduce, distribute, display, and publicly perform the work, among other rights. To the owner of a copyright in music, that means that no one else may perform the musical work, or make or distribute copies of the original manuscript or a recording of the work, without the permission of the copyright owner.'

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The Music Industry's Failed Attempt To Influence File Sharing Norms, Steven A. Hetcher Jan 2004

The Music Industry's Failed Attempt To Influence File Sharing Norms, Steven A. Hetcher

Vanderbilt Journal of Entertainment & Technology Law

Digitization and related technologies such as file-sharing software and wireless communications are revolutionizing how intellectual content is distributed and consumed. At the same time, the ways in which consumers have chosen to use this technology are challenging how characteristics of intellectual property ownership are defined. Some of the important rights promised to owners under the Copyright Act may begin to appear as little more than formal guarantees if the explosive trend toward unauthorized copying continues to expand. As a result, the content industry has viewed the ever-expanding footprint of digital media as a mixed blessing. While this technology promises vastly …

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Biotechnology Law: A Tale Of Peptides And Lasers: Is Integra Lifesciences I, Ltd. V. Kgaa The End Of The Experimental Use Defense For Biomedical Innovation, Or Does § 271(E)(1) Of The Patent Act Save The Day, Melissa J. Alcorn Ph.D. Jan 2004

Biotechnology Law: A Tale Of Peptides And Lasers: Is Integra Lifesciences I, Ltd. V. Kgaa The End Of The Experimental Use Defense For Biomedical Innovation, Or Does § 271(E)(1) Of The Patent Act Save The Day, Melissa J. Alcorn Ph.D.

Oklahoma Law Review

No abstract provided.

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Patent And Antitrust, Happy Together?, Daniel F. Attridge, Gregory F. Corbett Jan 2004

Patent And Antitrust, Happy Together?, Daniel F. Attridge, Gregory F. Corbett

Scholarly Articles

No abstract provided.

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Proving Dilution, Lee Goldman Jan 2004

Proving Dilution, Lee Goldman

University of Miami Law Review

No abstract provided.

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