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Intellectual Property Law Commons

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2008

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Articles 241 - 270 of 410

Full-Text Articles in Intellectual Property Law

Google And Fair Use, Jonathan Band Jan 2008

Google And Fair Use, Jonathan Band

Journal of Business & Technology Law

No abstract provided.


Rescuecom Corp. V. Google, Inc.: A Misuse Of The Federal Trademark Doctrine Of Commercial Use, Jeffrey S. Fabian Jan 2008

Rescuecom Corp. V. Google, Inc.: A Misuse Of The Federal Trademark Doctrine Of Commercial Use, Jeffrey S. Fabian

Journal of Business & Technology Law

No abstract provided.


Is Fame All There Is? - Beating Global Monopolists At Their Own Marketing Game, 40 Geo. Wash. Int'l L. Rev. 123 (2008), Doris E. Long Jan 2008

Is Fame All There Is? - Beating Global Monopolists At Their Own Marketing Game, 40 Geo. Wash. Int'l L. Rev. 123 (2008), Doris E. Long

UIC Law Open Access Faculty Scholarship

In the global economy of the twenty-first century, "coca-colanization" has become a painful economic reality for developing nations. With new branding strategies and a legal protection regime that favors the famous marks of global monopolists, local businesses are not only losing market share, they are also losing their ability to compete in a new environment where leveraged marks often have little relevance to the actual value of the products or services for local consumers. To counter these trends, and add rationality to the global trademark regime, developing countries must develop new strategies and a conscious policy that not only values …


Crossing The Innovation Divide, 81 Temp. L. Rev. 507 (2008), Doris E. Long Jan 2008

Crossing The Innovation Divide, 81 Temp. L. Rev. 507 (2008), Doris E. Long

UIC Law Open Access Faculty Scholarship

While intellectual property has long been perceived as a method for protecting, and ultimately valuing, innovation, it is an imperfect measure. With its traditional bias in favor of innovation as delimited by Western views of individuality and technological progress, intellectual property is not only an imperfect measure, but also one that has contributed to the undervaluing of non- Western innovation and creativity. This undervaluation has denied developing and least-developed countries a right of compensation for local innovation, which has contributed to the continuing imbalance in economic development. Recognizing a broader definition of compensable innovation that includes non-Western concepts, including innovation …


The Enablement Pendulum Swings Back, Sean B. Seymore Jan 2008

The Enablement Pendulum Swings Back, Sean B. Seymore

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Health Privacy In A Techno-Social World: A Cyber-Patient's Bill Of Rights, Patricia Sanchez Abril, Anita Cava Jan 2008

Health Privacy In A Techno-Social World: A Cyber-Patient's Bill Of Rights, Patricia Sanchez Abril, Anita Cava

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel Jan 2008

Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr. Jan 2008

The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan Jan 2008

Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai Jan 2008

Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson Jan 2008

Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford Jan 2008

Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels Jan 2008

Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Open Legislation Development, Jacob Ewerdt Jan 2008

Open Legislation Development, Jacob Ewerdt

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel Jan 2008

Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze Jan 2008

Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A Technological Contribution Requirement For Patentable Subject Matter: Supreme Court Precedent And Policy, David J. Kappos, John R. Thomas, Randall J. Bluestone Jan 2008

A Technological Contribution Requirement For Patentable Subject Matter: Supreme Court Precedent And Policy, David J. Kappos, John R. Thomas, Randall J. Bluestone

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks Jan 2008

Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks

Northwestern Journal of Technology and Intellectual Property

Attorneys increasingly are confronting the significant ethical issues raised when a data-security breach occurs. Many traps exist for the unwary in this evolving area of the law, especially in light of concerns regarding e-discovery and a lack of judicial interpretation of applicable statutes. This article provides a legal framework in this area of the law and explores ethical considerations arising when an attorney represents a client who has suffered a data-security breach.


Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia Jan 2008

Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz Jan 2008

Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov Jan 2008

Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev Jan 2008

Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White Jan 2008

Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Lawful Acquisition And Exercise Of Monopoly Power And Its Implications For The Objectives Of Antitrust, David S. Evans, Keith N. Hylton Jan 2008

The Lawful Acquisition And Exercise Of Monopoly Power And Its Implications For The Objectives Of Antitrust, David S. Evans, Keith N. Hylton

Faculty Scholarship

The antitrust laws of the United States have, from their inception, allowed firms to acquire significant market power, to charge prices that reflect that market power, and to enjoy supra-competitive returns. This article shows that this policy, which was established by the U.S. Congress and affirmed repeatedly by the U.S. courts, reflects a tradeoff between the dynamic benefits that society realizes from allowing firms to secure significant rewards, including monopoly profits, from making risky investments and engaging in innovation; and the static costs that society incurs when firms with significant market power raise price and curtail output. That tradeoff results …


Glannon Guide To Property: Learning Property Through Multiple-Choice Questions And Analysis, James C. Smith Jan 2008

Glannon Guide To Property: Learning Property Through Multiple-Choice Questions And Analysis, James C. Smith

Books

Reproduced with the permission of Aspen Publishers from Smith, James Charles. 2008. The Glannon Guide to Property: Learning Property through Multiple-choice Questions and Analysis. Austin: Wolters Kluwer Law & Business/Aspen Publishers.


Do Patents Perform Like Property?, Michael J. Meurer, James Bessen Jan 2008

Do Patents Perform Like Property?, Michael J. Meurer, James Bessen

Faculty Scholarship

Do patents provide critical incentives to encourage investment in innovation? Or, instead, do patents impose legal risks and burdens on innovators that discourage innovation, as some critics now claim? This paper reviews empirical economic evidence on how well patents perform as a property system.


The Mythical Beginnings Of Intellectual Property, Jessica Silbey Jan 2008

The Mythical Beginnings Of Intellectual Property, Jessica Silbey

Faculty Scholarship

People commonly justify intellectual property protection with homage to utilitarianism (protecting the incentive to create, invent, or produce quality goods to maximize net social welfare) or natural rights (people should own the product of their creative, inventive, or commercial labor). Despite the ongoing dominance of these theories, a dissatisfying lack of a comprehensive explanation for the value of intellectual property protection remains. One reason for this failure is that economic analysis of intellectual property law tends to undervalue its humanistic element. Whereas utilitarianism and natural rights theories are familiar, at least one other basis for intellectual property protection exists. This …


Freedom Of The Press 2.0, Edward Lee Jan 2008

Freedom Of The Press 2.0, Edward Lee

Georgia Law Review

In today's digital age, copyright law is changing. It now attempts to regulate machines. Over the past twenty years, and particularly with the advent of the Internet, copyright holders increasingly have invoked copyright law to regulate directly-even to prohibit-the manufacture and sale of technology that facilitates mass dissemination of expressive works. Although the concerns of copyright holders about the ease of digital copying are understandable,the expansion of copyright law to regulate technologies raises troubling questions. Can the government, consistent with the First Amendment, use copyright law to regulate technologies that facilitate the dissemination of speech? If so, are there any …


Putting The Brakes On Drugs: The Impact Of Ksr V. Teleflex On Pharmaceutical Patenting Strategies, Diane C. Renbarger Jan 2008

Putting The Brakes On Drugs: The Impact Of Ksr V. Teleflex On Pharmaceutical Patenting Strategies, Diane C. Renbarger

Georgia Law Review

In its 2007 KSR v. Teleflex decision, the Supreme Court permitted KSR International Co. to manufacture an adjustable gas pedal in spite of a competitor's patent. The ruling struck down the Federal Circuit's test to determine whether a patent is obvious and thereby invalid. Since the decision, there has been speculation about how much, if at all, the Supreme Court's decision changed patent validity standards,and particularly about how the decision will influence pharmaceutical patenting. This Note examines the impact KSRv. Teleflex may have on the pharmaceutical industry. Pharmaceutical patenting laws and early court decisions applying the reasoning of KSR v. …


A Key To Unlocking Your Iphone: Eliminating Wireless Service Providers' Use Of United States Copyright Law To Limit Consumer Choice And Provider Competition, Tate M. Keenan Jan 2008

A Key To Unlocking Your Iphone: Eliminating Wireless Service Providers' Use Of United States Copyright Law To Limit Consumer Choice And Provider Competition, Tate M. Keenan

Georgia Law Review

While consumers have a choice whether to purchase an iPhone, they have no choice in the wireless service provider that is linked to it. This is just one example of what has become a regular practice in the world of American cellular phones--cell phone locking. Today, modern American cell phone users stand at the mercy of wireless service providers. They are placed in this position in part because wireless service providers have had the inadvertent luxury of being overly protected by United States copyright law. As the law stands today, wireless service providers are not only free to lock handsets …