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Intellectual Property Law Commons™

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2007

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Articles 31 - 60 of 450

Full-Text Articles in Intellectual Property Law

Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson Oct 2007

Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson

William & Mary Law Review

Patentees sometimes employ field-of-use licenses, under which they grant the right to use their inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent cases, the Court of Appeals for the Federal Circuit and several district courts have upheld field-of-use licenses that prohibited activities that would otherwise have been permitted by patent law, such as the repair and resale of patented products. By treating any violation of a license agreement as patent infringement, and by upholding license provisions that …

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Has India Addressed Its Farmers' Woes? A Story Of Plant Protection Issues, Srividhya Ragavan, Jamie Mayer O'Shields Oct 2007

Has India Addressed Its Farmers' Woes? A Story Of Plant Protection Issues, Srividhya Ragavan, Jamie Mayer O'Shields

Faculty Scholarship

The paper examines issues relating to establishing breeders rights in developing nations by taking India as an example. At the outset, the paper examines the international obligations relating to protecting plant breeder’s rights by examining the requirements under Article 27.3 of the TRIPS agreement. In doing so, the paper examines analyzes what amounts to an effective sui generis system as required under TRIPS.

Further, the paper analyzes the constituents of the models currently touted by developed nations and outlined under the Union for Plant Variety Protection (UPOV, 1991) to determine the model’s ability to fulfill the TRIPS requirement. In determining …

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The International Enclosure Movement, Peter K. Yu Oct 2007

The International Enclosure Movement, Peter K. Yu

Faculty Scholarship

Most of the recent intellectual property literature concerns the enclosure of the public domain or the one-way ratchet of intellectual property protection. While these concerns are significant and rightly placed, a different, and perhaps more important, enclosure movement is currently taking place at the international level. Instead of the public domain, this concurrent movement encloses the policy space of individual countries and requires them to adopt one-size-fits-all legal standards that ignore their local needs, national interests, technological capabilities, institutional capacities, and public health conditions. As a result of this enclosure, countries are forced to adopt inappropriate intellectual property systems, and …

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The Digital Titanic: The Sinking Of Youtube.Com In The Dmca's Safe Harbor, Trevor Cloak Oct 2007

The Digital Titanic: The Sinking Of Youtube.Com In The Dmca's Safe Harbor, Trevor Cloak

Vanderbilt Law Review

In today's technologically advanced world, video-sharing Internet sites ("VSIs"), such as Grouper.com, Bolt.com, and YouTube.com, provide free, unfettered access to clips of your favorite television shows and artistic performances, from Animaniacs to ZZ Top. With movie clips viewed over 100 million times each day, YouTube is the behemoth of these sites5-a major accomplishment considering the site entered the video-sharing market in May 2005. Two friends, Steve S. Chen and Chad Hurly, created YouTube after they experienced difficulty posting a video online. Taking advantage of online blogging's popularity, the two distinguished their site by coupling quick and easy video posting with …

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Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley Oct 2007

Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley

Scholarly Works

Questions about the copyrightability of compilations and other low authorship fact works, and about the scope of protection, have continued to trouble courts long after the Supreme Court's landmark decision in Feist Publications, Inc. v. Rural Telephone Services Co. in 1991. Justice O'Connor's opinion, explaining why a standard white pages telephone directory did not meet the constitutional and statutory requirements for copyright protection, defined an original work of authorship as one that is independently created by its author and that evidences at least a minimal level of creativity. The latter requirement has been elusive, in part because Justice O'Connor defined …

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Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande Sep 2007

Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande

All Faculty Scholarship

This short piece explains how the first unit discounts or rebates allegedly given by Intel on their X86 chips could harm competition, innovation, and PC purchasers in this crucial $33 billion/year market. For these reasons, their discounts or rebates could violate European Competition law and U.S. Antitrust law.

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Vol. Vi, Tab 38 - Ex. 33 - Email From Eric Eichmann, Eric Eichmann Sep 2007

Vol. Vi, Tab 38 - Ex. 33 - Email From Eric Eichmann, Eric Eichmann

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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Vol. Vi, Tab 38 - Ex. 20 - Email From Lena Huang, Lena Huang Sep 2007

Vol. Vi, Tab 38 - Ex. 20 - Email From Lena Huang, Lena Huang

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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Bulova Wrongly Decided: A Case Against Extraterritorialty Of Trademark Law, Dariush Keyhani Sep 2007

Bulova Wrongly Decided: A Case Against Extraterritorialty Of Trademark Law, Dariush Keyhani

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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China's New Electronic Signature Law And Certification Authority Regulations: A Catalyst For Dramatic Future Growth Of E-Commerce, Stephen E. Blythe Sep 2007

China's New Electronic Signature Law And Certification Authority Regulations: A Catalyst For Dramatic Future Growth Of E-Commerce, Stephen E. Blythe

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Let's Test This Out: A Proposal For A New Unified Test For The Experimental Use Exception To § 102(B), Moshe Wilensky Sep 2007

Let's Test This Out: A Proposal For A New Unified Test For The Experimental Use Exception To § 102(B), Moshe Wilensky

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Standing To Sue In Another's Shoes: Can An Assignee Of An Accrued Copyright Infringement Claim With No Other Interest In The Copyright Itself Sue For The Infringement?, Wenjie Li Sep 2007

Standing To Sue In Another's Shoes: Can An Assignee Of An Accrued Copyright Infringement Claim With No Other Interest In The Copyright Itself Sue For The Infringement?, Wenjie Li

Pace Law Review

No abstract provided.

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The Mighty Pen, The Almighty Dollar, And The Holy Hammer And Sickle: An Examination Of The Conflict Between Trade Liberalization And Domestic Cultural Policy With Special Regard To The Recent Dispute Between The Us And China On Restrictions On Certain Cultural Products, Shuchao Henry Gao Sep 2007

The Mighty Pen, The Almighty Dollar, And The Holy Hammer And Sickle: An Examination Of The Conflict Between Trade Liberalization And Domestic Cultural Policy With Special Regard To The Recent Dispute Between The Us And China On Restrictions On Certain Cultural Products, Shuchao Henry Gao

Research Collection Yong Pung How School Of Law

The relationship between trade and culture has long been a hot topic in the debate on the conflicts between free trade and non-trade values. The recent case brought by the United States against China in the WTO on the measures affecting trading rights and distribution services for certain publications and audiovisual entertainment products is regarded by many as the latest example of the conflict. This article argues, however, that this case is more about the conflict between economic liberalization and political control. Applying the legal rules under the WTO Agreements and public international law, this paper concludes that the United …

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The "Printed Publication" Bar After Klopfenstein: Has The Federal Circuit Changed The Way Professors Should Talk About Science?, Sean B. Seymore Sep 2007

The "Printed Publication" Bar After Klopfenstein: Has The Federal Circuit Changed The Way Professors Should Talk About Science?, Sean B. Seymore

Vanderbilt Law School Faculty Publications

Would-be infringers target university patents because faculty inventors are more likely to make inadvertent disclosures than industrial inventors, possibly because of the importance of quick disclosure and publishing in academic science. In Klopfenstein, the Federal Circuit held that the posting of lecture slides after a talk triggered the printed publication bar of the patent statute. First, I argue (contrary to other commentators) that the Federal Circuit is consistent with prior precedent; that the public accessibility and dissemination inquiries should rest on substance rather than form. The focus of the § 102(b) inquiry remains on the inventor, who should lose the …

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Taking Stock Of The Creative Commons Experiment: Monitoring The Use Of Creative Commons Licenses And Evaluating Its Implications For The Future Of Creative Commons And For Copyright Law, Giorgos Cheliotis, Warren B. Chik, Ankit Guglani, Giri Kumar Tayi Sep 2007

Taking Stock Of The Creative Commons Experiment: Monitoring The Use Of Creative Commons Licenses And Evaluating Its Implications For The Future Of Creative Commons And For Copyright Law, Giorgos Cheliotis, Warren B. Chik, Ankit Guglani, Giri Kumar Tayi

Research Collection Yong Pung How School Of Law

We provide an analysis of the use of Creative Commons (CC) licenses, an approach to licens-ing creative works which has become very popular among authors who wish to promote more liberal sharing and use of their work. We provide data demonstrating the popularity of CC, ex-amine which specific license types within the CC framework are most popular, and then iden-tify contributing factors for the relative popularity of some of the license types. This includes in-dividual author incentives, the consistency and aims of the online communities which adopt CC as a licensing model, the underlying medium (text, photography, audio, video or …

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Fair Use, "Fared Use," And Public Rights: Amending Section 107 - Draft - 08-19-2007, Wendy J. Gordon Aug 2007

Fair Use, "Fared Use," And Public Rights: Amending Section 107 - Draft - 08-19-2007, Wendy J. Gordon

Scholarship Chronologically

Under provocative titles like "Fared Use', and '"the end of friction," commentators argue about the viability of copyright's fair use doctrine in a word of instantaneous transactions. As collecting societies such as the Copyright Clearance Center extend their licensing prowess, and Internet-based electronic commerce has made it possible to purchase digital copies with the click of a mouse, the suggestion is sometimes made that fair use could or should disappear. Decisions in the Second and Sixth Circuits have hinted that fair use may be foreclosed if a licensing market exists or is possible. The presence of "traditional, reasonable, or likely …

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Second Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon Aug 2007

Second Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon

Scholarship Chronologically

Under provocative titles like "fared use" and "the end of friction," commentators argue about whether or not the doctrine of "fair use" should exist in a world of instantaneous transactions. As collecting societies like the Copyright Clearance Center become more powerful, and technologies like the internet have made it possible to purchase digital copies by clicking a mouse, the suggestion is sometimes made that fair use could or should disappear. Courts like the Second and Sixth Circuits have flirted with foreclosing fair use if a licensing market is present or possible. The presence of 'traditional, reasonable, or likely to be …

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Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon Aug 2007

Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon

Scholarship Chronologically

Under provocative titles like "fared use" and "the end of friction," commentators argue about whether or not the doctrine of "fair use" should exist in a world of instantaneous transactions. As collecting societies like the Copyright Clearance Center become more powerful, and technologies like the internet have made it possible to purchase digital copies by clicking a mouse, the suggestion is sometimes made that fair use could or should disappear. Courts like the Second and Sixth Circuits have flirted with foreclosing fair use if a licensing market is present or possible. The presence of 'traditional, reasonable, or likely to be …

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Summary Of Resisting Novels By Lennard Davis - 2007, Wendy J. Gordon Aug 2007

Summary Of Resisting Novels By Lennard Davis - 2007, Wendy J. Gordon

Scholarship Chronologically

No abstract provided.

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Vol. Ix, Tab 41 - Ex. 22 - Email From Lena Huang (Rosetta Stone Online Marketing), Lena Huang Aug 2007

Vol. Ix, Tab 41 - Ex. 22 - Email From Lena Huang (Rosetta Stone Online Marketing), Lena Huang

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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Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple Aug 2007

Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple

Canadian Journal of Law and Technology

This paper proposes a bright line test to guide the Canadian Radio-television and Telecommunications Commission (‘‘CRTC’’) in regulating ‘‘network neutrality’’. When Internet service providers seek to discriminate between uses and users in administering their networks, the CRTC should ask whether the proposed discrimination is a reasonable effort to make the price paid by each user commensurate to the demands which his or her use places on the network. Discrimination which meets this description should be tolerated if not actively encouraged, because it encourages the economically efficient allocation of scarce bandwidth. All other forms of ISP discrimination — including discrimination based …

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Payment In Credit: Copyright Law And Subcultural Creativity, Rebecca Tushnet Aug 2007

Payment In Credit: Copyright Law And Subcultural Creativity, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Copyright lawyers talk and write a lot about the uncertainties of fair use and the deterrent effects of a clearance culture on publishers, teachers, filmmakers, and the like, but we know less about the choices people make about copyright on a daily basis, especially when they are not at work. Thus, this article examines one subcultural group that engages in a variety of practices, from pure copying and distribution of others' works to creation of new stories, art, and audiovisual works: the media-fan community. Fans justify their unauthorized derivative works as legitimate, no matter what formal copyright law says, with …

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Electronic Records As Documentary Evidence, Ken Chasse Aug 2007

Electronic Records As Documentary Evidence, Ken Chasse

Canadian Journal of Law and Technology

The new electronic record provisions that are now part of almost all of the Evidence Acts in Canada are as important as any statutory law or common law concerning the use of records as evidence. They bring six important improvements to the evidentiary law of business records. It is argued, however, that their most serious defects are that they: (1) perpetuate the best evidence rule — a rule rendered redundant by electronic records and information management (RIM); (2) do not deal with hearsay issues; (3) do not cure the defects of the business record provisions in regard to electronic records; …

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The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm Aug 2007

The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm

Canadian Journal of Law and Technology

In February 2007, Industry Canada released a consultation that outlined a proposed auction design for spectrum Ifor Advanced Wireless Services. As part of its consultation, Industry Canada contemplated a spectrum set-aside in the AWS auction to facilitate the entry of a new wireless service provider in Canada; however, it noted that a potential drawback of a spectrum set-aside is that it can induce uneconomic entry into the market. In this paper, we show that a set-aside for AWS spectrum in Canada is more likely to result in uneconomic entry than in a viable domestic entrant into the Canadian wireless industry. …

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You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow Aug 2007

You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow

Canadian Journal of Law and Technology

Translation memory databases (compilations of texts linked with their translations) can be valuable resources in the process of translating subsequent texts. This article explores the circumstances under which such compilations might be considered sufficiently original to attract copyright protection that is independent of any copyright already subsisting in the underlying translations and source texts. Various characteristics of the tools and the translation industry in general make the analysis highly fact-specific; whether particular translation memory databases attract protection, and, if so, who can claim to be their ‘‘authors’’, must be evaluated on a case-by-case basis. Any protection that is granted may …

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Copyright's Empire: Why The Law Matters, Alina Ng Jul 2007

Copyright's Empire: Why The Law Matters, Alina Ng

Marquette Intellectual Property Law Review

Previous intellectual property literature demands a balance between incentives to produce for the creator of a work and access to information, knowledge, and content by the users. However, law and economics jurisprudence does not provide compelling arguments to support the notion that the copyright monopoly is the most efficient way to maximize public welfare by promoting the works of authors. The social cost from expansion of private rights is nonexistent because market structures change as technologies develop, providing society with increased accessibility to creative works. Accordingly, copyright laws need to expand as technology develops in order to realize a fair …

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Fixing Through Legislative Fixation: A Call For The Codification And Modernization Of The Staple Article Of Commerce Doctrine As It Applies To Copyright Law, Blake Evan Reese Jul 2007

Fixing Through Legislative Fixation: A Call For The Codification And Modernization Of The Staple Article Of Commerce Doctrine As It Applies To Copyright Law, Blake Evan Reese

Marquette Intellectual Property Law Review

Courts have misinterpreted and disagreed over how to apply relevant principles of patent law to copyright cases in an effort to strike a balance between protecting copyright holders' rights without restricting innovation. The author argues that courts have inflicted damage upon the balance of copyright's competing policies, leaving copyright owners and technology innovators facing great uncertainty. The author's Comment addresses the development of the Staple Defense and the logical reasoning supporting a new legislative proposal.

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The Extended Protection Of "Strong" Trademarks, Nicola Bottero, Andrea Mangani, Marco Ricolfi Jul 2007

The Extended Protection Of "Strong" Trademarks, Nicola Bottero, Andrea Mangani, Marco Ricolfi

Marquette Intellectual Property Law Review

Economic investment in trademarks is not necessarily indicative of product quality, as trademark protection does not provide incentive for continuous product quality improvement. The authors begin their analysis by exploring the function of trademarks from the perspectives of traditional law and economics. Such an analysis points to a conflict between the legal and economic interpretation of the function of trademarks. Particularly, the authors suggest that the traditional economic perspective of trademarks fails to justify the legal existence of strong brands and their extensions. This argument is tested through the review of advertising, brand extension, and product quality literature. The authors …

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Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp Jul 2007

Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp

Marquette Intellectual Property Law Review

Although the European intellectual property law concept of the doctrine of exhaustion appears superficially straightforward, uncertainty as to its doctrinal foundations remains. The author explores the status of the doctrine, its interpretation and scope within European Community law, and the pertinent issues regarding the doctrine in relation to both domestic and cross-border issues. The complex structure of the doctrine of exhaustion has made it difficult to formulate more refined rules governing licensing provisions restricting the free circulation of goods. The result of this analysis indicates conflict between the freedom to provide goods and services under European Community law and classifying …

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Finding Common Ground In The World Of Electronic Contracts: The Consistency Of Legal Reasoning In Clickwrap Cases, Robert Lee Dickens Jul 2007

Finding Common Ground In The World Of Electronic Contracts: The Consistency Of Legal Reasoning In Clickwrap Cases, Robert Lee Dickens

Marquette Intellectual Property Law Review

Courts reviewing the enforceability of clickwrap agreements have relied upon the case law surrounding shrinkwrap cases in formulating their decisions. The author concludes that the legal reasoning behind the various clickwrap decisions has been relatively consistent, despite arguments made to the contrary. The author also asserts that clickwrap agreements are a legitimate form of contracting, and that objections to clickwrap are similar to objections to other forms of contracts.

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