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Articles 61 - 90 of 415
Full-Text Articles in Intellectual Property Law
Copyright Infringement In The Digital Age: The Issue Of Unfixed Works, Hazel Malcolmson
Copyright Infringement In The Digital Age: The Issue Of Unfixed Works, Hazel Malcolmson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Authorized Generics: Careful Balance Undone, Beth Understahl
Authorized Generics: Careful Balance Undone, Beth Understahl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia
Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia
William & Mary Law Review
The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Faculty Scholarship
Commentators have widely discussed the piracy and counterfeiting problems in China. Every year, the United States is estimated to lose billions of dollars due to piracy and counterfeiting in the country alone. Published as part of the U.S.-China Trade: Opportunities and Challenges Symposium, this Essay focuses on the recent debate about whether the U.S. administration should file a formal complaint against China with the Dispute Settlement Body of the World Trade Organization over inadequate enforcement of intellectual property rights.
The Essay begins by articulating four reasons why the administration should not do so. It then compares the approach recently proposed …
Trade Mark Dilution In Singapore: The Aftermath Of Mcdonald’S V Mactea, David Llewelyn
Trade Mark Dilution In Singapore: The Aftermath Of Mcdonald’S V Mactea, David Llewelyn
Research Collection Yong Pung How School Of Law
In a unanimous decision delivered in September 2004, the Court of Appeal of Singapore has ruled against McDonald's Corporation in its attempts to stop a small Singapore company, Future Enterprises Pty Ltd, from registering its marks "MacNoodles", "MacTea" and "MacChocolate". This case has international significance as the Singapore court ruled, confirming the position taken by courts in a number of other jurisdictions, that McDonald's did not have an exclusive right over the prefix "Mc" in relation to food and beverages in the absence of deception or confusion. However, Singapore's trade mark laws have since undergone a major revamp. Under the …
Harry Potter And The Three-Second Crime: Are We Vanishing The De Minimis Defense From Copyright Law?, Julie Cromer
Harry Potter And The Three-Second Crime: Are We Vanishing The De Minimis Defense From Copyright Law?, Julie Cromer
ExpressO
No abstract provided.
The "Planes, Trains, And Automobiles" Defense To Patent Infringement For Today's Global Economy: Section 272 Of The Patent Act, Ted L. Field
The "Planes, Trains, And Automobiles" Defense To Patent Infringement For Today's Global Economy: Section 272 Of The Patent Act, Ted L. Field
ExpressO
In 2004, for the first time ever, the U.S. Court of Appeals for the Federal Circuit applied the little-known temporary-presence defense of 35 U.S.C. § 272 in National Steel Car v. Canadian Pacific Railway. Section 272 provides a defense to patent infringement where a foreign vessel, aircraft, or vehicle enters the United States temporarily to engage in international commerce. The purpose behind § 272 is to prevent domestic patent enforcement from inhibiting international trade. Although this defense may not be well known yet, the Federal Circuit’s broad interpretation of § 272 will allow the temporary-presence defense to become more important …
A Powers-Based Approach To Idea-Submission Law, Larissa Katz
A Powers-Based Approach To Idea-Submission Law, Larissa Katz
ExpressO
This paper provides a unified account of idea-submission law in terms of legal powers. It argues that the duty upon a recipient of a novel and original idea results from the exercise of a legal power that the law confers on originators in order to enable them to share their ideas selectively. This paper contributes to our understanding of idea-submission law and to private law theory more generally in a number of ways that have not been addressed in the literature. First, it systematically reveals the lack of fit between the case law and conventional legal theories for the protection …
The Pull Of Patents, Brett M. Frischmann
The Pull Of Patents, Brett M. Frischmann
ExpressO
The conventional view of the role of patents in the university research context (and more generally) is that patent-enabled exclusivity improves the supply-side functioning of markets for university research results (and inventions more generally) as well as those markets further downstream for derivative commercial end-products. The reward, prospect, and commercialization theories of patent law take patent-enabled exclusivity as the relevant means for fixing a supply-side problem—the undersupply of private investment in the production of patentable subject matter or in the development and commercialization of patentable subject matter that would occur in the absence of patent-enabled exclusivity. Put another way, patents …
Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler
Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler
ExpressO
The Digital Revolution has created the apparent anomaly that information, though very cheap to create and near costless to share, is managed by industries that are increasingly concentrated and roiled by endless legal warfare. This paper surveys the major legal battles by subjecting all of them to the familiar norm of "maximizing economic value added", as defined by neo-classical "welfare economics". The various legal wars are traced to defects and confusions in current legal approaches to intellectual property (the "property wars") and to antitrust doctrines (the "monopoly wars").
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
An Orphan Works Affirmative Defense To Copyright Infringement Actions, Jerry Brito, Bridget Dooling
An Orphan Works Affirmative Defense To Copyright Infringement Actions, Jerry Brito, Bridget Dooling
Michigan Telecommunications & Technology Law Review
Laurence Peter once said that "[o]riginality is the fine art of remembering what you hear but forgetting where you heard it." Yet that clever quip is itself unoriginal. Although there may be nothing new under the sun--the arrangement of different bits of existing cultural matter in new and interesting combinations is the source of much originality. Yet today much of our cultural raw material is outside the reach of creators because of the orphan works problem. This problem renders untouchable a large swath of existing artistic, literary, and other works because if a work's copyright owner cannot be found to …
The Past, Present, And Future Of Protecting One's Copyright In The Digital Age: What The Entertainment Industry Has Done To Protect Its Rights, And Whether This Is A Beneficial Strategy For The Copyright Holder And Society, Sally L. Parker
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Wipo Joint Recommendation Protecting Well-Known Marks And The Forgotten Goodwill, Maxim Grinberg
The Wipo Joint Recommendation Protecting Well-Known Marks And The Forgotten Goodwill, Maxim Grinberg
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Contracts, Copyright, And Confusion: Revisiting The Enforceability Of 'Shrinkwrap' Licenses, Steven A. Heath
Contracts, Copyright, And Confusion: Revisiting The Enforceability Of 'Shrinkwrap' Licenses, Steven A. Heath
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Media Neutrality In The Digital Era: A Study Of The Peer-To-Peer File Sharing Issues, Huei-Ju Tsai
Media Neutrality In The Digital Era: A Study Of The Peer-To-Peer File Sharing Issues, Huei-Ju Tsai
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Keyword-Linked Advertising, Trademark Infringement, And Google’S Contributory Liability, Benjamin Aitken
Keyword-Linked Advertising, Trademark Infringement, And Google’S Contributory Liability, Benjamin Aitken
Duke Law & Technology Review
A number of trademark holders have recently challenged the policies of Google and other Internet search engines that allow the trademark owner's competitors to purchase advertising space linked specifically to the owner's trademarks when entered as search terms. This iBrief examines the application of trademark law to this practice and concludes that Google would be contributorially liable for trademark infringement only when the advertising links lead to consumer confusion about the identity of the advertiser.
Trademark Assignment "With Goodwill": A Concept Whose Time Has Gone, Irene Calboli
Trademark Assignment "With Goodwill": A Concept Whose Time Has Gone, Irene Calboli
Research Collection Yong Pung How School Of Law
Historically, starting from the premise that trademark protection is about consumer welfare, trademark law has required trademarks to be assigned with the goodwill of the business to which they refer, to deter assignees from changing the quality of the marked products. Yet, ever since its adoption, this rule has been hard to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legislative context: trademark goodwill. Additionally, regardless of this rule, trading in trademarks has been a recurrent practice in the business world, and trademark practices have traditionally provided instruments to assist this trade. …
An Analysis Of The Duties And Obligations Of The International Legal Community To The Eradication Of Poverty And Growth Of Sustainable Development In Light Of The Jus Cogens Nature Of The Declaration Of The Right To Development, Freda R. Murray-Bruce
ExpressO
This paper examines the copious problem of world poverty affecting half of the world’s population in the South and assesses the international legal obligations of the international legal community, viz., developed states, transnational corporations and the international financial institutions of the IMF, World Bank and WTO to the eradication of poverty and the growth of sustainable development, in view of the inviolability and peremptory nature of the Charter of the UN, and the international human rights provisions arising therefrom. To this extent, we examine the 1986 General Assembly Declaration on the Right to Development, along with the other International Bill …
Building Universal Digital Libraries: An Agenda For Copyright Reform , Hannibal B. Travis
Building Universal Digital Libraries: An Agenda For Copyright Reform , Hannibal B. Travis
ExpressO
This article proposes a series of copyright reforms to pave the way for digital library projects like Project Gutenberg, the Internet Archive, and Google Print, which promise to make much of the world’s knowledge easily searchable and accessible from anywhere. Existing law frustrates digital library growth and development by granting overlapping, overbroad, and near-perpetual copyrights in books, art, audiovisual works, and digital content. Digital libraries would benefit from an expanded public domain, revitalized fair use doctrine and originality requirement, rationalized systems for copyright registration and transfer, and a new framework for compensating copyright owners for online infringement without imposing derivative …
Vol. Vi, Tab 38 - Ex. 30 - Email From Nino Ninov, Nino Ninov
Vol. Vi, Tab 38 - Ex. 30 - Email From Nino Ninov, Nino Ninov
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?
The Viability Of Stimulating Technology-Oriented Entrepreneurial Activity In China, Taiwan, Japan, And South Korea: How Regulations And Culture Encourage The Creation, Development And Exploitation Of Intellectual Property, Matthew L. Goldberg
Brigham Young University International Law & Management Review
No abstract provided.
Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli
Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli
ExpressO
No legal system deserving of continued support can exist without an adequate theory of justice. This paper is about the elaboration of a theory of justice to underpin international economic law and international economic institutions. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. There is yet no consensus on the public reason underpinning the rules and the institutions. Economic efficiency concepts are widely used in the assessment of the welfare effects of world trade institutions and policies. Efficiency, however, is one of several standards that may be used, but …
Trademarkdilution.Com: Nissan Motor Co. V. Nissan Computer Corp., And The Evolving Law Of Trademark Dilution On The Internet, Lawrence F. Rosznyai
Trademarkdilution.Com: Nissan Motor Co. V. Nissan Computer Corp., And The Evolving Law Of Trademark Dilution On The Internet, Lawrence F. Rosznyai
Washington Journal of Law, Technology & Arts
The Ninth Circuit recently held that an individual, Mr. Uzi Nissan, infringed the trademark of Nissan Motors when he registered and posted commercial content on www.nissan.com. An injunction was granted, barring Mr. Uzi from using the site commercially. Although the trademark dilution claim was remanded, the Ninth Circuit’s opinion favors a finding of dilution on remand. Additional arguments involving the property-right-in-gross theory of dilution, reverse domain name hijacking, and actual consumer behavior on the Internet should be used by the parties to bolster their cases and encourage a decision from the district court that will advance trademark law on the …
Pop Goes The Trademark? Competitive Advertising On The Internet, Kendall Bodden
Pop Goes The Trademark? Competitive Advertising On The Internet, Kendall Bodden
Washington Journal of Law, Technology & Arts
The rights and obligations of online advertisers are uncertain in light of recent technological developments. There is not yet a consensus regarding the application of existing advertising law doctrines to the use of trademarks to trigger search result ads or “pop-up” ads on the Internet. However, the developing majority position will allow trademark-triggered ads that properly identify their source, and who’s content is not confusing to consumers. In addition, pending legislation may restrict or even outlaw adware.
A Few Degrees Off The Mark: Miniature Missteps That Can Render The Safe Harbors Of The Dmca Inaccessible, Nicole J. Nyman
A Few Degrees Off The Mark: Miniature Missteps That Can Render The Safe Harbors Of The Dmca Inaccessible, Nicole J. Nyman
Washington Journal of Law, Technology & Arts
The term Internet Service Provider (“ISP”), as defined by the Digital Millennium Copyright Act (“DMCA”), includes virtually any online service. These services are eligible for safe harbor protections under the DMCA when they fulfill certain enumerated requirements. However, minor missteps can leave ISPs unprotected and exposed to liability for copyright infringement. This Article will discuss, through a survey of recent cases, several such mistakes made by ISPs and tips to avoid them.
Proceed With Precaution: The Statutory, Legal, And Consumer Influence On Genetically Modified Foods In Canada, Alexander Singh
Proceed With Precaution: The Statutory, Legal, And Consumer Influence On Genetically Modified Foods In Canada, Alexander Singh
Canadian Journal of Law and Technology
Despite the majority of consumers’ health and environmental concerns, genetically modified organisms (GMOs) now form a regular part of Canadian society. Our system of regulatory approval introduces GMOs into agriculture, while our legal regimes deal with rights and responsibilities with respect to GMO, all while grocers and consumers sell, buy and eat genetically modified foods (GMFs) as part of their daily diet. With the increasing prominence of GMOs in our society, and the consistent debate over their safety, there is a need to inject precaution into the principles behind how these foods and crops enter, remain and spread in the …
Creative Commons And The New Intermediaries, Michael W. Carroll
Creative Commons And The New Intermediaries, Michael W. Carroll
Working Paper Series
This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …
Vol. Vi, Tab 38 - Ex. 31 - Survey Of Rosetta Stone Brand Health, Rosetta Stone
Vol. Vi, Tab 38 - Ex. 31 - Survey Of Rosetta Stone Brand Health, Rosetta Stone
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?
Cryptography Export Controls - Canada's Dichotomous Cryptography Policy, Paul Bates
Cryptography Export Controls - Canada's Dichotomous Cryptography Policy, Paul Bates
Canadian Journal of Law and Technology
The effort to erect strong legal barriers to trans-national distribution of cryptography has significant gaps because strong cryptography can be obtained and used within Canada without legal restrictions. This paper advocates that Canada should exercise its discretion under the WA to diminish, not fortify, the restrictions of the export control regime.