Intellectual Property Law Commons^™

Recent Second Circuit Opinions Indicate That Google's Library Project Is Not Transformative, Matt Williams

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Struggling Around The "Natural" Divide: The Protection Of Tangible And Intangible Indigenous Property, Emanuela Arezzo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Performance Anxiety: The Internet And Copyright's Vanishing Performance/Distribution Distinction, Jonah M. Knobler

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Oysters And Oligonucleotides: Concerns And Proposals For Patenting Research Tools, Cara Koss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Coming Into Compliance With Trips: A Discussion Of India's New Patent Laws, Jeffrey Colin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Structural Rights In Privacy, Harry Surden

Publications

This Essay challenges the view that privacy interests are protected primarily by law. Based upon the understanding that society relies upon nonlegal devices such as markets, norms, and structure to regulate human behavior, this Essay calls attention to a class of regulatory devices known as latent structural constraints and provides a positive account of their role in regulating privacy. Structural constraints are physical or technological barriers which regulate conduct; they can be either explicit or latent. An example of an explicit structural constraint is a fence which is designed to prevent entry onto real property, thereby effectively enforcing property rights. …

The Patent Office Meets The Poison Pill: Why Legal Methods Cannot Be Patented, Andrew A. Schwartz

Publications

In 2003, for the first time in its 170-year history, the United States Patent Office began awarding patents for novel legal innovations, in addition to traditional inventions such as the telephone or airplane. Commentators have accepted the Patent Office's power to grant legal method patents, but at the same time have criticized this new type of patent on policy grounds. But no one has suggested that the Patent Office exceeded its authority by awarding patents for legal methods, until now.

In the Patent Act of 1952, which is still in effect today, Congress established certain requirements for patentability, including a …

The Trademark/Copyright Divide, Laura A. Heymann

Faculty Publications

No abstract provided.

Will Longer Antimicrobial Patents Improve Global Public Health?, Kevin Outterson, Julie Balach Samora, Karen Keller-Cuda

Faculty Scholarship

The problem of antimicrobial resistance has led some infectious disease experts and their professional societies to propose the use of transferable intellectual property rights (wildcard patents) and patent term extensions as methods to encourage antimicrobial R&D. We evaluate recent approvals of new antimicrobial classes and find the number of new introductions is higher than previously suggested. More importantly, creating new patent rights is shown to be an inefficient and possibly counterproductive response to antimicrobial resistance. Wildcard patents would operate as a more than US$40 billion annual tax on heart disease, hypertension, chronic obstructive pulmonary disease, asthma, and depression to inefficiently …

Intellectual Property From Below: Copyright And Capability For Education, Margaret Chon

Faculty Articles

An approach to intellectual property from within a human development framework can contribute meaningfully to the WIPO Development Agenda, which was approved by the WIPO General Assembly in September 2007. Setting the proper regulatory balance between exclusive rights and access through exceptions and limitations to those rights is key to building national innovation capacity. A human development framework allows intellectual property norm-setters to prioritize the development of healthy and literate populations who are foundational to the functioning knowledge economies that intellectual property already assumes. Building upon an earlier piece in which Professor Chon posited that a substantive equality principle was …

Slouching Towards Development In International Intellectual Property, Margaret Chon, Denis Borges Barbosa, Andrés Moncayo Von Hase

Faculty Articles

An understanding of intellectual property's classic innovation mandate as only one of many cross-cutting development goals should be well-accepted by now within international intellectual property law and policy, given the pervasiveness of development rhetoric at the WTO, WIPO and other regional and bilateral fora. Yet development "walk" lags behind development "talk" on both international and domestic levels. This article focuses on how intellectual property can promote development, not only through innovation, but also by the promotion of broad-based human development implicitly underpinning global knowledge economies. First, we consider the rapidly evolving relationship of development and trade to intellectual property, and …

Amendment To Publication Agreement, University Of Georgia School Of Law

Institutional Repository Supporting Materials

Faculty members are asked to append this addendum to any article publication agreement that does not explicitly allow posting the final published version into the Digital Commons and onto their personal webpages, such as Selected Works.

Friend Or Fiend? A "Fair Use" Analysis Of Audioblogs, Carson Blythe Morris

Kentucky Law Journal

No abstract provided.

The Twilight Of The Opera Pirates: A Prehistory Of The Exclusive Right Of Public Performance For Musical Compositions, Zvi S. Rosen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

To Achieve Closure Of The Hatch-Waxman Act's Loopholes, Legislative Action Is Unnecessary; Generic Manufacturers Are Able To Hold Their Own, Yana Pechersky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Visions And Revisions: Fanvids And Fair Use, Sarah Trombley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Harmonization Through Condemnation: Is New London The Key To World Patent Harmony?, Max Oppenheimer

All Faculty Scholarship

Since 1790, when two U.S. patent applicants have claimed the same invention, the patent has been awarded to the first inventor. Today, the United States stands alone in the industrialized world, and many argue that the United States should, in the interest of world patent harmony, change its system so as to award a contested patent to the first applicant. Of the arguments advanced to justify the change, the only ones that withstand scrutiny are that "all the other countries are doing it" and the hope that some concessions in other aspects of intellectual property or trade might be obtained …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its second issue of the 2007–2008 academic school year. Our authors tackle a number of emerging issues in ways we think you’ll find especially interesting.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its first issue of the 2007–2008 academic school year. To start off the new academic year, our authors present new ideas on the age old topic of Patent Law.

The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen

Richmond Journal of Law & Technology

As the United States’ national pastime, baseball has taught valuable lessons to generations of Americans. For example, players often learn how to be good teammates, how to set goals, and how to exercise discipline. Baseball has other important life lessons to share as well such as the value of “chemistry.” Chemistry is that intangible quality that allows individual players, each with a differing skill set and personal agenda, to work together and propel the team forward. It is what makes a team, a team.

Weapon Of Mass Coercion: How Ebay Inc. V. Mercexchange, L.L.C. Eliminated The Threat Of Coercive Automatic Permanent Injunctive Relief And Restored Balance To The American Patent System, Jean Carlos Lopez

Oklahoma Law Review

No abstract provided.

Layered Rights: Robertson V. Thomson, Gregory R. Hagen

Canadian Journal of Law and Technology

In Robertson v. Thomson Corp., the Supreme Court of Canada (‘‘ the Court ’’) considered ‘‘ whether newspaper publishers are entitled as a matter of law to republish in electronic databases freelance articles they have acquired for publication in their newspapers — without compensation to the authors and without their consent’’. Curiously, while deciding that publishers are not entitled to reproduce the individual articles without the consent of the freelancers, it also held that the publishers do have a right to reproduce the articles in a CD- ROM database ‘‘as a part of those collective works — their newspapers . …

Transcript: Introduction To The Third Annual Ip/Gender: The Unmapped Connections Symposium, Victoria F. Phillips

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Transcript: Opening Remarks, Peter Jaszi

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Transcript: Introductory Remarks To Panel 1, Christine Farley

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Introductory Remarks To Panel 2, Peter Jaszi

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: My Fair Ladies: Sex, Gender, And Fair Use In Copyright, Rebecca Tushnet

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Molecules And Conflict: Cancer, Petents, And Women's Health, Eileen M. Kane

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Comments On Panel 2, Peter Jaszi

American University Journal of Gender, Social Policy & the Law

No abstract provided.