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Intellectual Property Law Commons™

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2004

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Institution
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Articles 91 - 120 of 341

Full-Text Articles in Intellectual Property Law

Staying Afloat In The Internet Stream: How To Keep Web Radio From Drowning In Digital Copyright Royalties, Emily D. Harwood May 2004

Staying Afloat In The Internet Stream: How To Keep Web Radio From Drowning In Digital Copyright Royalties, Emily D. Harwood

Federal Communications Law Journal

In the 1990's, the development of "streaming" technology allowed webcasters to begin broadcasting music on the Internet. The public took advantage of a plethora of free media players, and the number of web-based radio stations soared. However, a crippling dispute over broadcast rates left the viability of this technology in doubt. This Note criticizes current policies that curtail radio streaming by providing harsh financial restrictions on webcasters. In looking to the future, this Note argues that Congress should extend licensing exemptions to cover those Internet stations most like their AM/FM counterparts who do not have to pay additional fees.

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The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan May 2004

The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan

University of Richmond Law Review

No abstract provided.

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The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan May 2004

The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan

Faculty Scholarship

The paper analyses the international impact of the approval by the United States Supreme Court to use indirect price control mechanisms to tackle public health and Medicaid issues. It traces similarities in policies implemented by the United States and those it opposed within developing nations. For example, the recent use by the developed nations of compulsory licensing and price control mechanisms, which they opposed as violating TRIPS when used by developing nations, underlines a poverty penalty suffered by developing nation signatories of TRIPS. In effect, TRIPS exempts developed nations from fulfilling obligations developing nations were forced to fulfill and thus …

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Institutional Reckless Disregard For Truth In Public Defamation Actions Against The Press, Randall P. Bezanson Apr 2004

Institutional Reckless Disregard For Truth In Public Defamation Actions Against The Press, Randall P. Bezanson

ExpressO

Since its beginning, the actual malice test first announced in 1964 in New York Times v. Sullivan, has suffered from problems that are increasingly traceable to the changing face of journalism. Its demand that the mind of the reporter be proved "with convincing clarity" has adverse consequences for plaintiffs and news organizations alike. End runs around the subjective state of mind inquiry by plaintiffs have become more common. And the actual malice test's predictability, its capacity as a standard of liability to yield consistent and coherent results across a body of cases, remains a hollow promise. As Robert Sack famously …

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Not Enough? An Examination Of China’S Compliance With The Intentions Of The Trips Accord, Jonathan Mark W.W. Chu Apr 2004

Not Enough? An Examination Of China’S Compliance With The Intentions Of The Trips Accord, Jonathan Mark W.W. Chu

ExpressO

As China is in its third year as a member of the World Trade organization, there is much anticipation as to whether its protection of intellectual property rights is up to international standards. Being one of the largest trading nations in the world, much attention has been given to China’s development since its accession to the WTO. The US Chamber of Commerce has recently made a visit to China in order to examine its progress on implementing WTO rules and the WTO’s Sixth Session of the Ministerial Conference will be hosted by Hong Kong, China. As an increasing amount of …

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Trips' Rebound: How The Agreement On Trade-Related Aspects Of Intellectual Property Rights ("Trips") Can Ricochet Back Against The United States: An Historical Analysis, Donald Harris Apr 2004

Trips' Rebound: How The Agreement On Trade-Related Aspects Of Intellectual Property Rights ("Trips") Can Ricochet Back Against The United States: An Historical Analysis, Donald Harris

ExpressO

No abstract provided.

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Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright And Competition Laws, Daniel J. Gifford Apr 2004

Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright And Competition Laws, Daniel J. Gifford

ExpressO

Abstract: This paper examines a number of government policies related to competition or intellectual property and affecting innovation for their welfare effects. Its premise is that the enhancement of social welfare is included among the purposes of competition and intellectual-property laws. It also assumes that innovation is a major contribution to long-run welfare. The paper then considers whether the policy initiatives under review furthered that purpose. First it considers U.S. and Canadian legislation designed to promote the entry of generic pharmaceutical products into the market and the response (or lack thereof) of both governments to the issue of regulatory delay …

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Vol. Ix, Tab 41 - Ex 6 - Google Three Ad Policy Changes, Google Apr 2004

Vol. Ix, Tab 41 - Ex 6 - Google Three Ad Policy Changes, 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?

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Should Juries Hear Complex Patent Cases?, Jennifer F. Miller Apr 2004

Should Juries Hear Complex Patent Cases?, Jennifer F. Miller

Duke Law & Technology Review

A debate has arisen within the legal community over the existence and constitutionality of a so-called "complexity exception" to the Seventh Amendment. This exception would give a judge the discretion to deny a jury trial in a civil case if he or she feels that the issue is too complex for a jury to decide properly. This iBrief discusses the constitutionality of the complexity exception and the arguments for and against its implementation, with particular emphasis on the application of the exception to patent infringement cases. The iBrief then postulates that, while a blanket exception for patent infringement cases may …

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Patent Wars In The Valley Of The Shadow Of Death: The Pharmaceutical Industry, Ethics And Global Trade, Uche Ewelukwa Apr 2004

Patent Wars In The Valley Of The Shadow Of Death: The Pharmaceutical Industry, Ethics And Global Trade, Uche Ewelukwa

ExpressO

No abstract provided.

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Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analylsis Of The Doctrine In Its Current Form, Neal Hartzog Apr 2004

Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analylsis Of The Doctrine In Its Current Form, Neal Hartzog

Michigan Telecommunications & Technology Law Review

The United States intellectual property ("IP") system is the foundation for incentives for authors and inventors to create and invent so that their work will be distributed to the public for the betterment of society. These incentives, in the form of limited monopolies over creations via patents, copyrights, and trademarks, are becoming increasingly important as the United States depends upon intellectual property to sustain its economy. As the intellectual property industry grows, it becomes vital to preserve the impetus behind its creation: the public good, or more specifically, the public's ability to make use of and enjoy new ideas and …

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Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes Apr 2004

Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes

Michigan Telecommunications & Technology Law Review

This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …

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From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans Apr 2004

From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans

Michigan Telecommunications & Technology Law Review

If ISPs are exposed to liability for forwarding others' messages--messages originating with other ISPs or with the ISP's own users--the norm of universal mutual message forwarding that underlies the present operation of the Internet will be threatened. This Note will argue that society presently confronts a choice between a common carrier Internet characterized by universal mutual message forwarding and a monitored and controlled Internet. Part I will describe the underlying rules that govern ISPs' liability for their users' actions. Part II will argue that the present statutory regime governing ISPs' liability for users' copyright infringement includes elements that provide ISPs …

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The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn Apr 2004

The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn

American University Law Review

No abstract provided.

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The Security Of Securitization And The Future Of Security, Thomas E. Plank Apr 2004

The Security Of Securitization And The Future Of Security, Thomas E. Plank

Cardozo Law Review

No abstract provided.

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Rationalizing The Allocative/Distributive Relationship In Copyright, Jeffrey L. Harrison Apr 2004

Rationalizing The Allocative/Distributive Relationship In Copyright, Jeffrey L. Harrison

UF Law Faculty Publications

It is the position of this article that the benefits of a regime of copyright law can be maintained while shedding at least some of the wastefulness of monopolistic competition. This article cuts against the grain of modem copyright law by making the case that a more substantive approach to the issues of creativity and authorship would lower costs, streamline the system, and raise the level of socially beneficial creativity. In Section II, I will elaborate on the allocative/distributive distinction and their interconnectedness. In Section III, I will focus on an enhanced creativity standard and argue that an elevated standard …

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Recalibrating Copyright Law?: A Comment On The Supreme Court Of Canada's Decision In Cch Canadian Limited Et Al. V. Law Society Of Upper Canada, Teresa Scassa Apr 2004

Recalibrating Copyright Law?: A Comment On The Supreme Court Of Canada's Decision In Cch Canadian Limited Et Al. V. Law Society Of Upper Canada, Teresa Scassa

Canadian Journal of Law and Technology

The Supreme Court of Canada’s unanimous decision in CCH Canadian Ltd. et. al. v. Law Society of Upper Canada marks a second recent decision by the Court that has major implications for the development of copyright law in Canada. In Théberge v. Galerie D’Art du Petit Champlain, the majority of the Court provided a significant articulation of the balance to be struck between the rights of creators and the rights of users of copyright-protected works. In doing so, it embraced an approach to copyright typical of U.S. copyright law in its heyday. The unanimous Court in CCH Canadian makes it …

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Building A Better Bounty: Litigation-Stage Rewards For Defeating Patents, Joe Miller Apr 2004

Building A Better Bounty: Litigation-Stage Rewards For Defeating Patents, Joe Miller

Scholarly Works

A patent challenger who defeats a patent wins a prize that it must share with the whole world, including all its competitors. This forced sharing undermines an alleged infringer's reason for fighting the patent case to the finish - especially if the patent owner offers an attractive settlement. Too many settlements, and too few definitive patent challenges, are the result. A litigation-stage bounty would correct this defect in patent litigation's basic framework, for it would provide cash prizes to successful patent challengers that they alone would enjoy. After briefly describing the free rider problem with inventions that patent law attempts …

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Global Intellectual Property Protection As Viewed Through The European Community's Treatment Of Geographical Indications: What Lessons Can Trips Learn?, Jacqueline Nanci Land Apr 2004

Global Intellectual Property Protection As Viewed Through The European Community's Treatment Of Geographical Indications: What Lessons Can Trips Learn?, Jacqueline Nanci Land

Cardozo Journal of International and Comparative Law

The note examines the European Community's (EC) approach to geographical indications (GIs) and its implications for the TRIPS Agreement, highlighting the EC as a potential model for harmonizing intellectual property (IP) laws globally. It argues that while TRIPS has made significant strides in creating an international IP framework, challenges such as differing national priorities and the influence of industrialized nations hinder full harmonization. The EC's integrated system, particularly its handling of GIs, offers valuable lessons for addressing these challenges and achieving more effective global IP protection.

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Will The European Union Prove To Be Lactose Intolerant? The European Union's Attempt To Strike A Delicate Balance Between Protecting Appellation Of Origin For Cheese And The Promotion Of Free Movement Of Goods Between Member States, Danielle B. Shalov Apr 2004

Will The European Union Prove To Be Lactose Intolerant? The European Union's Attempt To Strike A Delicate Balance Between Protecting Appellation Of Origin For Cheese And The Promotion Of Free Movement Of Goods Between Member States, Danielle B. Shalov

Cardozo Journal of International and Comparative Law

The note examines the tension within the European Union between protecting traditional cheese-making methods through designations of origin and ensuring the free movement of goods. It highlights how the EU has navigated this balance through regulations and judicial decisions, ultimately favoring free trade while attempting to preserve cultural and geographical heritage tied to food production.

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Keyword Advertising: American Blinds And Wallpaper Factory V. Google, Jeffrey M. Glazer Apr 2004

Keyword Advertising: American Blinds And Wallpaper Factory V. Google, Jeffrey M. Glazer

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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The Digital Millenium Copyright Act: Provisions On Circumventing Protection Systems And Limiting Liability Of Service Providers, Francisco Castro Apr 2004

The Digital Millenium Copyright Act: Provisions On Circumventing Protection Systems And Limiting Liability Of Service Providers, Francisco Castro

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Arguing Application Of The Means-Plus-Function Limitation To Claim Elements Without Traditional "Means" Language, D. Joshua Smith Apr 2004

Arguing Application Of The Means-Plus-Function Limitation To Claim Elements Without Traditional "Means" Language, D. Joshua Smith

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Bayer V. Schein Pharmaceuticals --Best Mode Requirement --In Chemical Inventions: When Does "Carrying Out The Invention" Start? --A Proposal For A Comprehensive Best Mode Compliance Test, Justin Charles Ward Apr 2004

Bayer V. Schein Pharmaceuticals --Best Mode Requirement --In Chemical Inventions: When Does "Carrying Out The Invention" Start? --A Proposal For A Comprehensive Best Mode Compliance Test, Justin Charles Ward

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland Apr 2004

2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland

American University Law Review

No abstract provided.

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2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis Apr 2004

2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis

American University Law Review

No abstract provided.

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A Chose By Any Other Name: Domain Names As A Security Interest, Andrew B. Cochran Apr 2004

A Chose By Any Other Name: Domain Names As A Security Interest, Andrew B. Cochran

Canadian Journal of Law and Technology

There has been increasing study of the issues involved in using intellectual property as a security interest, but little corresponding consideration of domain names. The ascendancy in value of domain names to modern business increases their usefulness as a security interest to lenders and borrowers alike. Their use in this respect appears not to be weighed down by two of the most difficult issues facing intellectual property, namely conflicting jurisdiction between federal statutory interests and provincial property interests, together with establishing more readily acceptable methods of valuation. However, there is ambiguity about the actual form of ownership interest involved with …

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Of Neighbours And Netizens, Or, Duty Of Care In The Tech Age: A Comment On Cooper V. Hobart, Robert J. Currie Apr 2004

Of Neighbours And Netizens, Or, Duty Of Care In The Tech Age: A Comment On Cooper V. Hobart, Robert J. Currie

Canadian Journal of Law and Technology

The focal point of this comment will be the recent judgment of the Supreme Court of Canada in Cooper v. Hobart, which appears to have made some significant changes to the elements of ‘‘duty of care’’, the foundational negligence concept. The Court framed its decision as refining duty of care analysis in order to properly deal with ‘‘novel claims’’ (i.e., those for which there is not an established or analogous duty of care in the existing case law). Given that the growth of elec- tronic commerce and Internet usage continues to spawn ‘‘novel’’ legal issues, Cooper is an appropriate starting …

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Ef Cultural Travel V. Explorica: The Protection Of Confidential Commercial Information In The American And Canadian Contexts, Suzanne White Apr 2004

Ef Cultural Travel V. Explorica: The Protection Of Confidential Commercial Information In The American And Canadian Contexts, Suzanne White

Canadian Journal of Law and Technology

Commercial information, once relegated to paper files stored in cabinets, is now more likely to be in digital form, allowing a myriad of people to access its contents. These electronic storehouses can subsequently be stored on the Internet, providing a handy but some- what risky means of archiving valuable information. The United States Court of Appeals (1st Circ.) judgment EF Cultural Travel v. Explorica1 is a clear indicator of the way in which the advent of the Internet has completely changed the constructive meaning of the traditional ‘‘office file’’. This paper attempts to provide an under- standing of the scope …

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Electronic Commerce - A Practitioner's Guide Edited By Alan M. Gahtan, Martin P.J. Kratz, And J. Fraser Mann (Toronto: Thomson Carwell, 2003), Harmonie Roesch-West Apr 2004

Electronic Commerce - A Practitioner's Guide Edited By Alan M. Gahtan, Martin P.J. Kratz, And J. Fraser Mann (Toronto: Thomson Carwell, 2003), Harmonie Roesch-West

Canadian Journal of Law and Technology

At a time when there seems to be no clear consensus on how to regulate electronic commerce comes a much-needed discussion of the many salient factors impacting the matter in Electronic Commerce: A Practitioner’s Guide. The collaborative effort includes works from several authors, compiled by Alan M. Gahtan, Martin P.J. Kratz, and J. Fraser Mann. This guide is an excellent first step in clarifying the issues and summarizing the precedents and relevant statute law to date. Although the target is an audience of law professionals, other e-commerce stakeholders, including business pro- fessionals, will find this collection useful.

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